Denis Naughten (Roscommon-South Leitrim, Independent) | Oireachtas source

I want to speak on amendment No. 28 in my name. There are two aspects to my amendment, both out of which arise out of the discussions on Committee Stage. My proposed subsection (4) comes back to an issue that was debated at length in committee in regard to the need for regulations that come into force under this Bill to be approved by both Houses of the Oireachtas. There is huge scope within this legislation for regulations under the Bill. As we know, the Taoiseach gave a commitment last December that we would have the regulations published in tandem with the legislation. That has not happened and, therefore, I put forward this provision to allow for these regulations to be discussed and approved by the Oireachtas, which is important.

The other part of the amendment, which proposes the substitution of subsection (3), states: "The Minister shall make regulations to provide for the procedures to be employed where a pregnant woman is unable to give informed consent." As the Minister and Members who participated in the Oireachtas hearings will be aware, there was consistent agreement by every single witness who came before the committee that the issue of consent needed to be addressed in this legislation or that we would have the capacity legislation in tandem. The Minister was not able to give an indication on Committee Stage as to when the capacity legislation would be published or enacted. In light of that, I believe some provision needs to be made in regard to the issue of consent.

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