Dáil debates

Thursday, 11 July 2013

Protection of Life During Pregnancy Bill 2013: Report Stage (Resumed)

 

5:45 am

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent) | Oireachtas source

I refer to amendments Nos. 22 and 27. The kernel of the issue is here. There are significant concerns about it. Amendment No. 22 seeks to insert:

" "viable", in relation to a pregnancy, means a foetus or embryo that is, or would be expected to be, capable of surviving independently outside the womb by reason of its gestational age;".
On amendment No. 27, on termination, there is no time limit at all. That is a retrograde step.

As I stated previously, I want to point out to the Minister for Health that a notice by a Ms Jane Murphy has been served in the High Court on the Taoiseach and on the Minister, Deputy Reilly, as plaintiffs. While it was heard and was disallowed for the time being, the right to appeal was granted. The motion sought injunctions preventing the respondents usurping the will of the people. Members mentioned the referenda, how the people decided and what happened on those occasions. We believe that the people are sovereign in this area and they should have been consulted again, and a referendum should have been held.

The Ministers are acting here, as the Taoiseach and the Government are, in the knowledge that an action is being taken. Indeed, this morning the Minister, Deputy Varadkar, on national radio stated that the Bill should be sent to the Supreme Court. The Minister, Deputy Howlin, stated he was surprised with me and others in this action and his own colleague had stated earlier that it should be referred by the President to the Supreme Court.

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