Dáil debates

Wednesday, 5 December 2018

Health (Regulation of Termination of Pregnancy) Bill 2018: Report Stage (Resumed)

 

3:10 pm

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein) | Oireachtas source

Regardless, we are debating the proper amendment with the right sections tonight. Let us debate the merits of the amendment. I have some concerns with it. For instance, the references to parental notifications in respect of sections 11, 13 and 14 can be done away with provided that an application to that effect is made to the High Court. That application can be made by any interested party. The unfortunate thing, or the fortunate thing, whichever way one wants to view it, is that there is no legal definition of "interested party". An interested party could be the State, the father of the child, the rapist, the abuser, the grandfather, the next door neighbour or anyone in this Chamber.

Under the amendment, even if an interested party makes an application to the High Court, the parents would still have to be told "unless the High Court is satisfied that, in the particular circumstances of the case, it may justly proceed to hear and determine the application without" informing the parents. It is very convoluted. The amendment is asking for parental notification and saying that it can be done away with in certain circumstances if there is an application to the High Court, but even if there is such an application, the parents would still have to be informed unless the High Court determined the parents would not have to be informed, and the High Court cannot determine not to inform the parents until there is a High Court hearing. The amendment does not make sense, is not workable and should still be withdrawn.

Deputy Mattie McGrath can thank us later for helping.

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