Colm Burke (Fine Gael) | Oireachtas source

The amendments suggest that we should delete section 9. It is important that we go back to why the Bill is going through. It is the result of the interpretation by the Supreme Court of Article 40.3.3°. Mr. Justice McCarthy stated 20 years ago:

I think it reasonable, however, to hold that the people when enacting the amendment [the 1983 amendment] were entitled to believe that legislation would be introduced so as to regulate the manner in which the right to life of the unborn and the right to life of the mother could be reconciled. Failure by the Legislature to enact the appropriate legislation is no longer just unfortunate; it is inexcusable. What are pregnant women to do? What are the parents of a pregnant girl underage to do? What are the medical profession to do? They have no guidelines save what may be gleaned from the judgments in this case. What additional considerations are there?...The Amendment, born of public disquiet, historically divisive of our people [we have seen that 20 years on again] guaranteeing in its laws to respect and by its laws to defend the right to life of the unborn remains bare of legislative direction.

We have not dealt with this issue over the past 20 years but this legislation does. People dispute the X case judgment. When the 1995 Bill was before the Supreme Court, the judges referred to the X case. The court held: "Having regard to the judgment and the decision of this Court, which recognises and emphasises the supremacy of the Constitution, this Court is satisfied that, in the consideration of the issues raised in that case and the conflicting constitutional rights involved, the proper principles were applied in the interpretation of the relevant provisions of the Constitution and in the determination of the issues raised therein." The court set out that there was a need to put in place legislation in order that there would be clear guidance for the courts in dealing with this matter. Guidance is also needed for the medical profession and that is exactly what we are providing in this legislation.

Only one medical report was produced in the X case because the courts had no guidelines. The legislation sets out clearly that three medical experts must come forward to deal with this matter.