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:

I would agree with all of that. If somebody had brought an application at the time to protect the rights of the unborn he or she would probably have succeeded. One has to bear all of the social and cultural factors of the time in mind, and how people thought about things. What exactly would have happened would also would have hugely depended on the individual circumstances of the case before the court. I certainly think that it was very unlikely that the Irish courts at that time would have or indeed would even today sanction an abortion on demand scenario, in the sense of abortion in any circumstances at any time for any reason. That is my personal view. As a practitioner that just does not resonate me and I do not see that happening. That is, however, only a personal view.

I agree with Dr. Kenny's definition of repeal. One just takes it out and then deals with the consequences of having taken it out.