Seanad debates

Tuesday, 15 December 2009

3:00 pm

Photo of Eugene ReganEugene Regan (Fine Gael)

I welcome Senator Ó Brolcháin to the House. I wish him the very best as he pursues his deliberations and debates in this House.

I would like to speak about the unanimous judgment that was delivered today by the five Supreme Court judges in a case relating to the protection of human embryos. They decided that human embryos do not constitute the unborn within the meaning of Article 40.3.3° of the Constitution and are therefore not entitled to that constitutional protection. The court pointed out that the human embryo is entitled to respect and suggested that it is a matter for the Legislature. The important point about the judgment is that it makes the job of the Oireachtas much easier. It has cleared up a key constitutional point that would have been the subject of an awful lot of debate in this House and the Lower House. I do not doubt that the Minister for Justice, Equality and Law Reform would have been quoting the advice of the Attorney General on this matter. The net constitutional point has been the subject of a major clarification today. The Commission on Assisted Human Reproduction has produced an excellent report. We have signed up to a number of European conventions. The path is clear for the Oireachtas. I ask the Leader to pass on a message to the effect that we would welcome an initiative from the Minister for Justice, Equality and Law Reform, aimed at dealing with this situation and producing legislation.

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