James Reilly (Dublin North, Fine Gael) | Oireachtas source

This is a substantive part of the Bill, about which many people have concerns. I acknowledge it is particularly difficult for some Members.

The Minister of State, Deputy Creighton, talked about the lack of a treatment plan or a pathway of care, yet one psychiatrist I can quote described the Bill as creating this pathway of care. She mentioned the issue of retired Supreme Court judge, Mr. Justice Hugh O'Flaherty, but both the Minister for Justice and Equality and the Minister of State at the Department of Health, Deputy White, dealt with that. As a non-legal person, it strikes me that following his logic, if one were found to be right in a case and awarded, for example, a sum of money but subsequently won the Euromillions and did not bother collecting it that somehow one was not vindicated. That is a nonsense to be quite frank. The Cosma v. Minister for Justice, Equality and Law Reform case has been dealt comprehensively by both Ministers.

As legislators, our duty is to enact laws in accordance with the Constitution. I utterly reject any suggestion that we cower behind the Supreme Court.

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