Written answers

Thursday, 14 February 2013

Department of Health

European Court of Human Rights Judgments

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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To ask the Minister for Health if he will provide an update on his plans to implement the judgement of the European Court of Human Rights in A, B and C v Ireland case by way of legislation with regulations, within the parameters of Article 40.3.3 of the Constitution as interpreted by the Supreme Court in the X case; if he will comment on media reports that he plans to have the threat to the life of a woman where these is a risk of suicide examined by up to five doctors when deciding whether abortion should be allowed; and if he will make a statement on the matter. [7539/13]

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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As the Deputy is aware, last December the Government approved the implementation of the judgment of the European Court of Human Rights in the A, B and C v Ireland case by way of legislation with regulations, within the parameters of Article 40.3.3 of the Constitution as interpreted by the Supreme Court in the X case. They also agreed to make appropriate amendments to the criminal law in this area.

Since then, the Joint Oireachtas Committee on Health and Children held three days of oral hearings on the issue,from 8th to 10th of January this year. Officials from my Department attended to provide background, and the Committee heard contributions from a range of interested groups in public session, including experienced medical practitioners, legal experts, representative of churches and religious groups, and advocacy groups. On the 31st of January, the Committee furnished a report to the Government summarising the contributions received during the consultative process. This report is being used by my officials in examining the issues involved and in formulating a legislative response that will stand up to public and parliamentary scrutiny. The Government has committed to engage further with the Oireachtas Committee when Heads of a Bill have been developed.

I do not propose to comment on media reports concerning the content of the draft legislation at this time. Intensive work is currently underway in my Department on drafting this legislation and it is the Government’s intention that the Heads of a Bill will be published in the next few months.

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