Ivana Bacik (Independent) | Oireachtas source

Yes. I have a question for the Leader on a separate matter of national and public importance, namely, the tragic death of Savita Halappanavar and its aftermath. Along with thousands of others - and carrying a Labour Party banner - I took part in Saturday's protest march. There is an enormous depth of public feeling, outrage and grief at the tragic circumstances of Ms Halappanavar's death. It is very clear that there is a need for the Government to act and to pass legislation to clarify the grey area that undoubtedly exists for doctors when confronted with situations such as that relating to Ms Halappanavar where the life of the woman is threatened by the continuance of her pregnancy.

I am glad the expert group's report has been published. That report is due to go to Cabinet next week and I expect it to be published immediately thereafter. I hope it will be debated in this and the Lower House. I ask that the Leader expedite matters in the context of holding a debate on the expert group's report in the Seanad in order that we might reach a clear Government decision on the need to legislate. On the latter, there has been some discussion with regard to the passing of secondary legislation or guidelines. From any objective legal analysis, it is very clear that secondary legislation would be subject to legal challenge unless it were introduced under the authority of an item of primary legislation. Such primary legislation does not currently exist. Even if the detailed criteria for doctors in cases such as that of Ms Halappanavar are set out in secondary legislation or are the subject of ministerial order, primary legislation will still be required.

On the specific issue of the tragic death that occurred in Galway University Hospital, I am extremely concerned with regard to the composition of the inquiry team. Savita's husband, Praveen, has also expressed his concern in this regard. He is quite right. The current make-up of the inquiry team is not legally robust. Including three members of staff from Galway University Hospital clearly breaches the legal principle of nemo iudex in causa sua, namely, the rule against bias. Experts from the hospital should not be included on the inquiry team.

Their input could be much more robust as witnesses rather than as members of an inquiry panel who might well be compromised in any litigation. The inquiry must be conducted expeditiously. It seems far too long to suggest that it would take three months. It is clear that there is a need for the Government to move on legislation in the immediate meantime.