Dáil debates
Wednesday, 21 November 2012
Supreme Court Ruling in the X Case: Motion (Resumed) [Private Members]
7:30 pm
Alex White (Dublin South, Labour) | Oireachtas source
The Bill introduced by Deputy Daly was not accepted by the House on the basis that the Dáil would await the conclusion of the work of the expert group. Whatever validity there was to the argument that it represented a cop-out, it has disappeared now. The House has been told the report will be published on Tuesday. It will be published and available to all Members to consider and examine.
They can then decide if they think the report is a cop-out. However, they should read the terms of reference Mr. Justice Ryan's group was given, which were as follows:
To examine the A, B and C vIreland judgment of the European Court of Human Rights; to elucidate its implications for the provision of health care services to pregnant women in Ireland; and to recommend a series of options on how to implement the judgment [I emphasise that is was how to implement the judgment and not whether to implement the judgment] taking into account the constitutional, legal, medical, and ethical considerations involved in the formulation of public policy in this area and the overriding need for speedy action.The expert group has been tasked with bringing forward recommendations for options on how to implement the judgment of the European Court of Human Rights, which is what I expect the report to do. Everybody in this House will have an opportunity to look at that.
There have been arguments across the House about people's motivations regarding Sinn Féin's motion, but we will leave that aside as we come to the end of this debate. In large part it has been a good debate, but it nets down to one issue. The Sinn Féin motion calls for the publication of the report, which will happen. Regarding the outcome of the decision from Strasbourg the motion also calls for legislation. I have no doubt the option of legislation will feature in the report of the expert group - how could it not? As the group was asked how to implement the decision of the court in Strasbourg, manifestly legislation will be one of the options the report will outline. Perhaps there will be another option in the report as to how to deal with the matter because the group was asked to deal with the various options. The Deputies opposite can test that themselves and look at it next week.
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