A last minute attempt was made yesterday to halt the
progress of the “Protection of Life in Pregnancy Bill 2013. The challenge
related to provisions of the legislation on which the people had previously
given their decision in referendum and which consequently could not be altered
without referral back to the people. The High Court was President Nicholas
Kearns rejected the application on the basis that the issue was currently live
in Dail Eireannn but nevertheless entered the challenge into the High Court
record. The litigant was told by that since the matter is currently on the
floor of Leinster House the courts have no entitlement whatsoever to interfere
at this stage.
The litigant Jane Murphy from Dublin
approached the bench and submitted papers asking the High Court President for
leave to stop the government usurping the will of the Irish people.
In intended proceedings against Taoiseach Enda Kenny, Health
Minister James Reilly and the Government, the litigants sought injunctions
"to prevent the respondents usurping the will of the Irish people on the
basis"that provisions which stand rejected by the Irish people in a
referendum cannot be included in proposed legislation, nor can they be voted on
by the Oireachtas".
President Kearns said he was satisfied he did not have the
jurisdiction to grant any such relief as the matter was the preserve of the
legislature. Under the doctrine of the separation of powers the courts have no
authority to intervene at this stage, he said.
The Taoiseach, the Minister for Health and the Ceann
Comhairle of the Dail were all put on notice in advance that two elements of
the bill currently before the House are unconstitutional because they were
previously been rejected by the people, who are Sovereign. Independent TD
Mattie McGrath also informed the House during the debate on the Bill
The group, which also included former MEP Kathy Sinnott and
Richard Green and Mark McCrystal subsequently gave a press conference at the gates of Leinster
House.
Mark McCrystal was previously successful in challenging
unconstitutional action by the Irish Government in the Children’s Rights
Referendum when he was granted a declaration that the State acted wrongfully in
spending public money on the website, information booklets and advertisements
in relation to the referendum.
