Senior Judge Catherine McGuinness defends Supreme Court role in X case
The Journal.ie – Retired Judge Catherine McGuinness has asked legislators to look to the “middle ground” in Ireland when making decisions about proposed abortion law reform.070-341
Speaking to the Joint Oireachtas Committee on Health and Children today, the 78-year-old said she believes her own views reflect those held by many women and men across Ireland. She described it as “holding the middle ground”.
On the issue of abortion reform, she said lawmakers should not look to the people who make robot calls or write letters to their local TDs. But instead to the people “who are more subtle, the people who might think about what happens if it is their daughter”.
“Look to the middle people of Ireland who aren’t after you all the time,” she told the committee members, who have been asked by government to collect information which will be helpful in drafting legislation and regulation to satisfy the European Court of Human Rights’ recommendations following the ABC versus Ireland case.
During the same session in Leinster House today, Trinity College Dublin professor William Binchy argued that legislation for the Supreme Court’s decision on the X Case was not a requirement of those European Court recommendations. He said such a change in law would follow with a change in culture.
“What we need here is clarity in the law, rather than legislation,” he told the Seanad chamber. “Don’t change the law to bring in an abortion regime.”
Earlier, McGuinness said Ireland already has abortion, it just happens elsewhere, highlighting the notion that “we want an escape route from the absolute”.
She pleaded with the committee not to be too affected by the “almost bullying approach” of the two ‘extreme’ sides of the debate – either ‘the (as they describe themselves) pro-life side’ who want the law narrowed or the ultra-liberals who would like abortion on demand.
“Think about the middle ground, the majority of the constituents,” she added.
McGuinness said if lawmakers are worried about the “Opening the floodgates”, then they are afraid of Irish people, Irish society.
“We ought to have more trust in Irish people and Irish doctors,” she said. “To say that is to say everyone will be galloping to do something we don’t do already.”
Senior Judge Catherine McGuinness defends Supreme Court role in X case
Independent – Retired Supreme Court Judge Catherine McGuinness has defended the Supreme Court’s role in the divisive X case and said the decision can only be changed by way of referendum.
The former head of the Law Reform Commission said that the Supreme Court decision in the 1992 X case remains an authoritative interpretation of the 1983 pro-life amendment.
“This interpretation stands,” Judge McGuinness told the public hearings on abortion today.
Judge McGuinness, who said that the electorate had twice rejected moves to remove the risk of suicide, said that legislation is needed for more detail on the X case.
The judge, who has been ill for several weeks and recently suffered an accident, said that she was not representing the judiciary in any way.
“My views are not relevant at all, I am here as a lawyer,” she said.
Judge McGuinness said that the Supreme Court, in the X case, made a genuine effort to resolve the huge human dilemma put before it: “They (the Supreme Court) made excellent arguments in regard to the way the Constitution should be interpreted,” said Judge McGuinness.
“To say we have no abortion in Ireland, is simply not true, we have it elsewhere,” Judge McGuinness told the committee.
“I can see suicide creates difficulties for you,” Judge McGuinness told the committee.070-488
“If you want to change X, you are going to have a referendum”.
http://www.independent.ie/national-news/senior-judge-catherine-mcguinness-defends-supreme-court-role-in-x-case-3347698.html