Seanad debates

Wednesday, 20 May 2009

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)

As a member of the All-Party Committee on the Constitution I have mixed feelings on the blasphemy issue. The Minister is unfortunately in a dilemma. He can either ignore it and leave the 1961 Act as it stands, seek a constitutional referendum which could be divisive and difficult, or legislate for it. I have sympathy for him. The issue was highlighted in Corway v. Independent Newspapers in 1999 in which the Supreme Court unanimously said that the Oireachtas should legislate for this issue. I believe we should let sleeping dogs lie but the Minister is in a difficult situation whichever way he turns. We will have a chance to debate it in this House. Senators unfortunately cannot participate in this afternoon's discussion at the Committee on Justice, Equality, Defence and Women's Rights because it is a select committee. Perhaps more light will emanate from the committee this evening or it will agree with the direction in which the Minister is moving.

The forthcoming report on hospitals in Munster, to which my colleague, Senator Buttimer, referred, is predicated on outdated practices and ideas. I have criticised the HSE and the Minister for Health and Children in regard to Bantry hospital which is close to my heart. Professor Higgins, an obstetrician at Cork University Hospital, who has visited west Cork and has an outreach clinic at Bantry hospital, is conducting a report which he recently told me will be concluded in ten to 12 weeks. The situation in Bantry hospital cannot be allowed to continue. It is to be hoped Professor Higgins's report will be valuable because he seems to have a good insight and it is extremely important that we deal with that matter.

Until such time as we have a constitutional referendum making the rights of the child separate as opposed to being within the family, as it is in the Constitution currently, and upgrading those rights in a separate amendment, we can talk until the cows come home but the rights of the child will not be properly protected under Irish law or within the Constitution.

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