Dáil debates

Wednesday, 6 July 2016

11:05 am

Photo of Clare DalyClare Daly (Dublin Fingal, Independent) | Oireachtas source

The Taoiseach does not stand here as a private citizen but as the leader of a country that has been found to violate the human rights of women. When we did try to put to the House the proposal that there would be a repeal of the amendment to the Constitution to provide for abortion in this and other circumstances, the Taoiseach and his Government stood in its way. He has used his position to block progress on this. The arrogance of the Minister for Social Protection, Deputy Varadkar, and several of his colleagues, who would presume to anticipate how the courts would deal with this matter, is absolutely breathtaking. The Taoiseach’s use of the Attorney General as a block is in and of itself unconstitutional in my opinion. The Government proposes laws, the Dáil passes laws and the courts interpret laws. Why can the Taoiseach not allow the courts of our country adjudicate on this? We have not seen the Attorney General’s advice but from the titbits we get, and the Taoiseach seems to have reiterated it, her advice seems to rest on the mistaken premise that Article 40.3.3o deals only with cases where there is a risk to the life of the mother.

That is not true. PP v.HSE, Roche v.Roche and in reA Ward of Court did not deal with those circumstances. She seems to be saying-----

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