Seanad debates

Monday, 10 December 2018

Health (Regulation of Termination of Pregnancy) Bill 2018: Committee Stage

 

2:00 pm

Photo of Brian Ó DomhnaillBrian Ó Domhnaill (Fianna Fail) | Oireachtas source

I support both amendments. I welcome the Minister of State, Deputy Catherine Byrne, to the House in place of the Minister, Deputy Harris. Perhaps she will be more forthcoming in accepting amendments. The Minister gave sympathetic consideration to accepting some amendments, but only some.

These amendments coupled together, which have been outlined in detail, refer to section 9 which deals with risk to life or health, and section 16 which deals with the review of decisions made by the committee. These are simple amendments, replacing the word "appropriate" where it states "it is appropriate to carry out" a termination. That would somehow infer that it is in some way suitable to carry out a termination, or that it may be fitting, or that it could be relevant, or that it could be convenient.These are not prescriptive terms. The terminology of "appropriate" is quite vague. The word "necessary" is not vague. It is prescriptive. It represents a vital action, something that is imperative, that must or needs to be done. There is a reason behind it. Something can be appropriate without having a rationale behind it. If we are defining this in legislation, then it should be prescriptive. If we are dealing with the issue here, as has been outlined, around the ending of life for an unborn, then it must be black and white in this area. That is why I support the amendment and my name is attached to it.

I did not follow proceedings in the other House but I wish to elaborate on what my colleague, Senator Mullen, said on the legal advice which was given to the Minister on this and other issues. I presume that the legal advice was from the Attorney General. I would like to know who the legal advice was from? Can the legal advice be made available and published? If not, why not?

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