Right to Life welcomes the judgment of the Supreme Court released on 9 August. The judgment declined the appeal of Right to Life by three to two, it however:
· Affirms the duty of the Abortion Supervisory to enquire from certifying consultants how they were approaching their decision making in general.
· The Court noted that the Committee had the power to revoke the appointment of certifying consultants where enquiries the Committee makes lead it to believe that consultants are holding views incompatible with the tenor of the Act. The Committee may refer to the Health and Disability Commissioner or the medical disciplinary authorities, the case of a consultant authorising abortions inconsistent with the abortion law.
Right to Life, is however, disappointed that the Supreme Court dismissed the first grounds of our appeal of the judgment of the Court of Appeal. This ground sought recognition that the Committee had the power to review or scrutinise the decisions of certifying consultants and form its own view about the lawfulness of their decisions to the extent necessary to perform its functions.