Phil Hogan (Carlow-Kilkenny, Fine Gael)

I am taking this Adjournment matter on behalf of my colleague, the Minister for Health, Deputy James Reilly.

As Senator Walsh might be aware, on 29 November 2011, the Government approved the establishment of an expert group to recommend a series of options on how to implement the A, B and C v. Ireland judgment of the European Court of Human Rights. The establishment of this expert group reflected a commitment contained in the programme for Government.

In terms of its composition, it was agreed that, to fulfil its remit, the group would require experts representing the fields of obstetrics, general practice, psychiatry, law, public policy and professional regulation. The Minister for Health and I have every confidence in the members who have been appointed to the group. In addition, it could consult with interested parties and additional relevant experts and professionals in order to aid its deliberations. The group is due to report back to Government within six months from its establishment.

As the Senator has already indicated, proposed nominations were sought from medical training bodies and the professional regulatory bodies, that is, the Medical Council and An Bord Altranais. The Office of the Attorney General was also of assistance in recommending nominations to deal with the legal aspects of the judgment. When the Minister for Health received all of this information, he considered it in consultation with the Taoiseach and Tánaiste and made his final decision as to the membership of the expert group.

By way of background, in December 2009, the European Court of Human Rights heard an application by three women that it is a breach of their rights under the Council of Europe Convention on Human Rights for the Irish State not to provide abortion in circumstances where a woman wishes to undergo an abortion, the A, B and C cases. The judgment of the court confirmed that Article 40.3.3° of the Constitution is in conformity with the European Convention on Human Rights.

However, in the case of the third applicant, Ms C, the court found that Ireland had failed to respect the applicant's private life contrary to Article 8 of the convention. This was because there was no accessible and effective procedure to enable her to establish whether she qualified for a lawful termination of pregnancy in accordance with Irish law. The court ruled that "no criteria or procedures have been... laid down in Irish law... by which that risk is to be measured or determined, leading to uncertainty..." and held that further legal clarity was required.

Following the judgment, the Government submitted an action plan to the Committee of Ministers of the Council of Europe on 16 June 2011 as required by the European Court of Human Rights. The action plan contained a commitment to establish an expert group, drawing on appropriate medical and legal expertise with a view to making recommendations on how this matter should be properly addressed.

The Senator may wish to note that officials in the Department of Health are in the process of compiling a list of biographies of all the members of the expert group. The Minister for Health will be happy to send this document to the Senator once it has been finalised.

I am also pleased to inform the Senator that the first meeting of the expert group took place on 30 January 2012 and I wish it well in its deliberations.