James Reilly (Dublin North, Fine Gael)

I propose to take Questions Nos. 44 and 73 together.

I assure the Deputy that the Government is committed to the implementation of the action plan on the ABC v. Ireland judgment. As the Deputy is aware, the Government submitted an action plan to the Committee of Ministers of the Council of Europe on 16 June 2011, as required by the European Court of Human Rights. The action plan outlined the following commitments by the Irish State. Ireland is committed to ensuring the judgment in this case is implemented expeditiously. The Government will establish an expert group, drawing on appropriate medical and legal expertise with a view to making recommendations on how this matter should be properly addressed. It is intended that the expert group will be established by the end of November 2011. Following the recommendations from the expert group, proposals will be drafted and transmitted to the Government for approval and, by the end of 2011, an action report will be filed outlining the expert group's detailed terms of reference, membership and meeting schedule. As stated in the action plan, the Government is committed to the establishment of an expert group on the ABC v Ireland judgment to make recommendations on how this matter should be properly addressed. My officials are in the process of finalising the work required to establish this body. The Government rejected all recommendations on this issue submitted to the State during the universal periodic review process in Geneva on 6 October, as it would be inappropriate for it to pre-empt the recommendations of the expert group at this stage. In the case of the recommendations made by Denmark and Slovenia, these were outside the scope of the judgment and not in line with Article 40.3.3o of the Constitution of Ireland.

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