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:
We would still have the current legislation, the Protection of Life During Pregnancy Act, in place. That legislation might be subject to challenge because it only deals with the question of the right to life of the mother. If there was a basis for abortion on grounds other than the right to life, such as something to do with bodily integrity, then the Act may well be challenged on the basis that it does not vindicate a woman's right to bodily integrity. We would be in a vacuum and only dealing with the 2013 Act. It would seem to me that legislation would have to be put in place pretty quickly because it is likely that there would be some kind of application by someone in respect of the existing legislation in the event of repeal.