The Irish Times reports Thursday 25th July that President Michael D Higgins has
announced he will convene a meeting of the Council of State to seek its advice
on whether or not he should refer the Protection of Life During Pregnancy Bill 2013
to the Supreme Court to test its constitutionality.
The meeting will take place at Áras an Uachtaráin next
Monday afternoon.
The Bill completed its passage through the Oireachtas on Tuesday, when the Seanad voted in favour of the legislation.
Article 26.1 states: “ The President, after consultation
with the Council of State, refer any Bill to which this Article applies to the
Supreme Court for a decision on the question as to whether such Bill or any
specified provision or provisions of such Bills is or are repugnant to this
Constitution.”
If the President decides to refer the Bill it must be done
within seven days of him receiving the Bill from the Oireachtas.
A total of 15 Bills have been referred since 1940. The last
Bill referred to the Supreme Court was the Nursing Homes Bill in early 2005.
The Bill proposed to prevent retrospective payments to residents of nursing
homes and other institutions and was referred by then President Mary McAleese.
The Supreme Court ruled the Bill was repugnant to the
Constitution.
Once a Bill is found to be in keeping with the Constitution
after being referred under the Article 26 provision, the legislation can never
be challenged on constitutional grounds again by a citizen in the courts.
The Council of State is comprised of the Taoiseach,
Tánaiste, Chief Justice, President of the High Court, Ceann Comhairle, the two
former presidents, the five former taoisigh, retired chief justices, as well as
those named by Mr Higgins. They are: Michael Farrell, Deirdre Heenan, Catherine
McGuinness, Gearóid Ó Tuathaigh, Ruairí McKiernan, Sally Mulready, and Gerard Quinn.
