Oireachtas Joint and Select Committees

Wednesday, 27 September 2017

Joint Oireachtas Committee on the Eighth Amendment of the Constitution

Eighth Amendment of the Constitution: Constitutional Issues Arising from the Citizens Assembly Recommendations

1:30 pm

Photo of Catherine NooneCatherine Noone (Fine Gael)
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I welcome members once again and also viewers who may be watching our proceedings on Oireachtas TV. This is our second public session of the Joint Committee on the Eighth Amendment of the Constitution. Under the terms of reference of the joint committee, it is obliged to report to the Dáil and the Seanad within three months of its first public meeting.

Before I introduce our witnesses today, at the request of the broadcasting and recording services, members and visitors in the Public Gallery are requested to ensure that for the duration of the meeting their mobile phones are turned off completely or switched to airplane mode.

I now extend, on behalf of the committee, a warm welcome to Dr. David Kenny, Assistant Professor of Law, Trinity College Dublin; Professor Fiona de Londras, chair of theGlobal Legal Studies and Deputy Head of School, Birmingham Law School; and Ms Mary O'Toole, senior counsel. All three witnesses are here to assist the committee in its consideration of the constitutional implications of the Citizens' Assembly's recommendation arising from ballots and we would be grateful for as much evidence and information, without moving into the realm of opinion, in so far as is possible. The witnesses are all very welcome to this afternoon's meeting.

Before we commence formal proceedings I must deal with some matters of housekeeping. I wish to advise the witnesses that by virtue of section 17(2)(l) of the Defamation Act 2009, witnesses are protected by absolute privilege in respect of the evidence they are to give to the joint committee. If, however, they are directed by it to cease giving evidence on a particular matter and continue to so do, they are entitled thereafter only to qualified privilege in respect of their evidence. They are directed that only evidence connected with the subject matter of these proceedings is to be given and are asked to respect the parliamentary practice to the effect that, where possible, they should not criticise or make charges against any person or an entity by name or in such a way as to make him, her or it identifiable.

Members are reminded of the long-standing ruling of the Chair to the effect that they should not comment on, criticise or make charges against a person outside the Houses or an official, either by name or in such a way as to make him or her identifiable. I invite Dr. David Kenny to make his presentation.