Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

I thank the Deputy for raising this very important issue. It is fair to say that the decision on Roe v. Wade was quite shocking in many respects but fundamentally because it overturns 50 years of jurisprudence. In other words, what was judicial precedent over a 50-year period was overturned. However, we are different here in this society and our constitutional framework is different. The fundamental difference is twofold.

First, we have the referendum mechanism that has been built into our Constitution since 1937. We can be thankful. Very often the framers of the Constitution can be attacked, for different reasons, some of which may be legitimate. However, fundamentally, it was very unusual that in the middle of fascist Europe in 1937 that a Government brought in a Constitution that limited its own power via referendum and judicial interpretation. Referendum is a powerful mechanism. We have chosen, as a people, by referendum to lay out our framework in terms of the termination of pregnancy and the subsequent legislation was passed in 2018. The referendum mechanism is crucial.

Second, it is a salutary lesson for everyone in this House, in that we need to protect against and avoid any undermining of the separation of powers. What had clearly been afoot in the United State for many years and which is very worrying, was the degree to which one could witness the politicisation of the Supreme Court. People were appointed on the basis of their position on this issue alone. Now, as a Dáil and as an Oireachtas, we need to double down on upholding the separation of powers as well, because it is a real revelation.

The review is about the operation of the Health (Regulation of Termination of Pregnancy) Act 2018. Phase 1 is almost complete. I will come back to the Deputy later in a supplementary reply to go through it.

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