Seanad debates

Wednesday, 3 February 2016

Commencement Matters

Registration of Deaths

10:30 am

Photo of Jim WalshJim Walsh (Fianna Fail) | Oireachtas source

I know from talking with members of the family that they were appreciative of the manner in which the Minister of State approached this sensitive and traumatic situation in which they found themselves. It was a car crash and the mother was obviously driving the car. She was totally in the right and was driving on the correct side of the road when the other car veered across and crashed into her vehicle. Unfortunately, both she and her unborn baby were killed. The family was very anxious that the unborn baby - their daughter and granddaughter - would be recognised as an individual. I believe that has happened through the coroner's finding. I think he is just holding back on issuing his certificate pending the family's consideration of whether to proceed with a constitutional case.

This case has highlighted a matter that should be examined. Such an examination should contemplate the fact that baby Mollie Enright was seven and a half months. The Minister of State may have seen the photograph - taken at the autopsy - of her in her white gown. In circumstances where a baby like that has not been taken from the mother during an autopsy, families might still wish to have that unborn baby recognised in its own right as an individual. I believe this has now happened through the ruling of the coroner's court in this instance. I am of the view, therefore, that this matter must be examined because similar cases are sure to arise. There have been such cases in the past and there will be in the future.

Interestingly, when we talk about the Dublin-Monaghan bombings, an issue I have been strong on and would like to mention on my last day in the House, one of the 34 victims of that largest loss of life during the Troubles was Baby Doherty, the unborn baby of a pregnant woman who was killed. We all recognise that there were 34 victims. There is a need to examine the position of those who find themselves in such tragic circumstances, without allowing extraneous matters to cloud what should be done in the interests of justice.

I thank the Minister of State for the interest he took in this case and wish him well in the forthcoming election.

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