Ms Leah Hoctor:

I cannot speak for the Human Rights Committee, but my sense is that its use of that language was because it was not for a adjudicative body of that nature to dictate the specific legal process that a state should undertake. It has set out an obligation of result - law reform - and will not dictate the legal model of law reform that the state must adopt. However, the Government in its response to the decision in both the Amanda Mellet and Siobhan Whelan case has specified clearly that in order for Irish law on abortion to be changed, the constitutional provision must change. The State made this argument in its pleadings and written submissions as the case was being considered by the committee. It is also the position it specified clearly in its responses to the committee. In order for law and legislative reform to occur, the constitutional reform must first take place. On that basis, it is our view that this is critical. Without constitutional reform, it is clear that legislative reform cannot occur.