Derek McDowell (Labour)

In the Hogan report, the majority, including former Minister for Justice, Nora Owen, and Professor David Gwynn Morgan, were of the view that the decision in the Kenny case should be revisited. However, the chairman, Dr. Gerard Hogan was of the view that the existing law was better than any such amendment. Doctors differ and patients die; lawyers differ and cases die. I sympathise with the Senator's view of the matter. However, if I accepted the amendment, I would need to ask that the Bill be referred under Article 26 to the Supreme Court for decision. If the Senator and I were wrong in anticipating the views of the present Supreme Court on the matter, the entire legislation package would collapse if such an Article 26 reference took place. Therefore, if we are to go down the legislative route in future, it would be appropriate to have a single-purpose Bill on which other issues do not depend and revisit the matter that way.