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Seanad
‹ Order of Business

Constitutional protection of life

Summary

Senators discuss the constitutional position in the pending court case involving a pregnant woman on life support. Senator Leyden defends his 1983 pro-life vote and urges that Ministers avoid influencing the courts.

I extend Christmas wishes to the Cathaoirleach, the Leas-Chathaoirleach, leaders of parties, all Members, the Clerk, the Clerk Assistant and the excellent stenographers and sound staff who keep the records so diligently and are so efficient in the work they do to compile the record of the proceedings of the House, which is invaluable. I also extend best wishes to the camera operators who provide the excellent television service extended during the year which has brought the House to the attention of so many people. I get a response now when I speak in the House on foot of what appears on television and radio.

Next Tuesday, 23 December 2014, the President of the High Court, Mr. Justice Nicholas Kearns, will make a monumental decision based on the Eighth Amendment of the Constitution of 7 October 1983. As the sole Member of the House who was a Member of the Dáil in 1983 and who stood by the amendment of the Constitution, which is a very enlightened one, I certainly do not pull back from the decision to include Article 40.3.3° whereby the State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right. I will not get into the details, which are tragic and very difficult for the families involved and I will certainly not add to them. However, I note regarding the utterances of the Minister for Health, Deputy Leo Varadkar, on 16 December that it is not his right to interpret the Constitution.

Comment on this
David P.B. Norris Senator David Norris Independent

He is entitled to comment if he likes, just like the Senator.

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As a member of the Cabinet, he is entitled to uphold and vindicate the Constitution as it stands, not to comment otherwise.

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David P.B. Norris Senator David Norris Independent

We are going to have to repeal it.

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The Minister should not, knowing the details of the case, try to influence the courts in their decision next Tuesday. I am not doing that, but I am recording the exact position. I have no change of mind on the decision I took as the sole Member of the House in the Dáil in 1983. I stand by that decision which has led to the safe delivery of many Irish citizens who have contributed to this society since. Without that safeguard in the Constitution, that may not have been the case. I hope there will be room at the inn in 2014.

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