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

Ms Mary O'Toole:

There would be no replacement for legislation. One can make recommendations as to what should happen but, until it is clear to the people that that is what will be adopted, one may run into difficulties because one is still open to the issue that the populace will not know whether, if they vote in a particular way, a particular result would be achieved. This is a matter for the committee, but it is a question of whether the populace will be happy that the politicians will enact something that they would like to see happen, whether it should be a matter for the Judiciary to decide where the rights lie or whether it should be some kind of compromise between the two and one just takes a leap of faith. It is a question of the committee looking at the advice and deciding which of the options it thinks is the best in the circumstances, and then what the committee will do as a result of that - whether the committee wants a change, the extent to which it wants a change etc.