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Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

Bernard Durkan: Does the Minister believe, following this consultation period and what happens thereafter, the objectives of the Act can be achieved in full without intermittent operation?

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

Bernard Durkan: Is it possible and intended to provide, throughout the regions, the service that is being denied women in some cases?

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

Bernard Durkan: Do we know from the information already available to us and the Minister, in respect of the cases of women who travelled to the UK, their reasons for travelling? Was it because the services anticipated in the Act were not available, were restricted or whatever?

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

Bernard Durkan: Is it unsatisfactory from the point of view of the legislated position that three years after its operation there is still a serious intermittency in its application? It would appear, if that is the case, some people have decided that this does not apply to them and they do not have to operate the legislation. Will they operate subsequent legislation, and has that been tested?

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

Bernard Durkan: This is my last question, Chairman.

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

Bernard Durkan: Can I finish on this one? I will not contribute again. Why was not an earlier intervention or review called given that the Act had then been seen to be ineffective in its spread across the country?

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

Bernard Durkan: I thank the Minister for the information that he has given to us so far but I am concerned about some of the things that I have heard. In terms of the appointment to the chair, the Minister hinted at possible legal advice. Was it legal or political advice? On what precedent is it based?

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

Bernard Durkan: Was it on the basis of the money involved?

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

Bernard Durkan: The only problem is that there have been instances in the past where major expenditure was involved and the chair was appointed by the Government and Department. Was there a precedent which identified it as being difficult to apply in this case? In other cases, where vastly greater amounts of money were spent on inquiries, the appointment was made by the Minister and, ultimately, by the...

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

Bernard Durkan: When it was discovered, at an early stage, that the legislation was not operating as was intended, action was proposed and was about to be taken, but was stood down because of the advent of Covid. Would it not have been possible to continue whatever action was required, regardless of Covid, on the basis that it was not going to overload the system to any great extent or any more than it was...

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

Bernard Durkan: I note that the operational versus policy issues seem to overlap with regard to the three-day consideration and, as the Minister mentioned, the possibility of 12 weeks, 16 weeks, or whatever the case may be. I am not certain that that would not constitute a major change in what was legislated for. It could be open to a legal challenge and could ultimately lead to an overhaul of the...

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

Bernard Durkan: Will it? Are we not bound by a decision previously approved by the people in a referendum?

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

Bernard Durkan: No.

Joint Oireachtas Committee on Health: Review of Scope and Structure of Health (Regulation of Termination of Pregnancy) Act: Engagement with Minister for Health (8 Dec 2021)

Bernard Durkan: I know, but I need an answer to the question.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Ombudsman and Information Commissioner: Commissioner Designate (9 Dec 2021)

Bernard Durkan: In terms of how we address those situations and bring the matter under the remit of the Ombudsman, can the committee assist in doing that? If so, in what way?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Ombudsman and Information Commissioner: Commissioner Designate (9 Dec 2021)

Bernard Durkan: I am delighted to hear the sentiments of the Ombudsman in that area and we look forward to progressing this in the desirable direction. In recent years, there has been an increase in the numbers of people sleeping rough on the streets, which is a terrible blight on our society and a reflection of the way we deal with people in difficulty. It is not a reflection on any individual or...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Ombudsman and Information Commissioner: Commissioner Designate (9 Dec 2021)

Bernard Durkan: We need more people to take up the positions available in our economy at the current time. Our economy has grown remarkably over the past 50 years. We are probably the only country in Europe to have achieved such an increase in population and economic development. That creates new openings. It also creates a better way for Irish people to consider the global situation. We live in a...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Ombudsman and Information Commissioner: Commissioner Designate (9 Dec 2021)

Bernard Durkan: I have one last question. The Chairman awakened some memories that I forgot to whinge about first time around. I could write books about the number of cases where refugees have been put on the long finger and tagged along with bits of information here and there. I have a particular gripe about one issue and that is GDPR insofar as it applies to directly elected Members of Parliament. I...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of Insurance (Miscellaneous Provisions) Bill 2021: Discussion (16 Dec 2021)

Bernard Durkan: We are dealing with the pre-legislative scrutiny of the general scheme of the insurance (miscellaneous provisions) Bill 2021. We are joined by representatives from Alliance for Insurance Reform and representatives from Insurance Ireland. I would make the usual citations before we start. Everybody has heard the mobile phone notice previously. I ask everybody to switch off their mobile...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of Insurance (Miscellaneous Provisions) Bill 2021: Discussion (16 Dec 2021)

Bernard Durkan: -----and Deputy Doherty. The first item of business are the minutes of the joint committee meetings of 8 and 9 December, which were agreed at the committee's private meeting yesterday. Are they in order and agreed? Agreed. The second item is pre-legislative scrutiny of the insurance (miscellaneous provisions) Bill 2021. I welcome the members and viewers who may be watching our...

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