Ireland’s Pregnancy Law Open to Challenge

Ireland’s President Higgins, following a meeting of the Council of State on Monday July 29^th, has signed the controversial “Protection of Life in Pregnancy Act 2013” into Irish law according to a Global Herald article.

This legislation which flowed from an Irish Supreme Court judgement in the X case and a subsequent decision of the European Court of Human Rights in the A, B and C case, will permit legal abortion to be carried out for the first time, up to birth, in Ireland. The enactment of the legislation has caused major controversy and is expected to be faced with legal challenges.

A challenge could be mounted on the wording of Article 40.3.3 of the Irish Constitution, which says;

 “The State acknowledges the right to life of the unborn and, with due regard to the equal right to life the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.” 

The Protection of Life in Pregnancy Act 2013 clearly fails to treat unborn life as equal to that of a mother and as a result could be construed as failing to defend and vindicate that right.

A mother who fears that she may, at some future date, become suicidal may be granted an abortion. This has nothing to do with human rights

Challenges are also possible on the inclusion in the Act of issues rejected in a previous referendum, without being referred back to the people, and further challenges are also possible in the area of conscientious objection or the nomination of Catholic Hospitals in the list of those in which abortion will be available.

One of the major controversies has been the dictatorial approach of Taoiseach Enda Kenny and Fine Gael the senior party in the current coalition government who gave a commitment before the last election, in order to secure the pro-life vote that they would not introduce abortion. Once in office however they turned their backs on those pro-life voters who supported them. 

The Irish Government having first set up a group of experts decided to legislate for abortion and set up two sessions of Oireachtas hearings to examine the issues. The hearings proved to be mere window dressing and the evidence given in them was largely ignored particularly the expert psychiatric submissions, which affirmed that abortion is not and never can be a treatment for suicidal ideation.

The insistence by Taoiseach Enda Kenny of the application of the Party whip is also to be deplored. Party loyalty is of course important but it is contrary to every reasonable understanding of democracy that any deputy should be forced to vote against his or her conscience.

Some deputies were coerced and others cajoled into supporting the legislation and some simply said no and defied the party whip.

Former European Minister Lucinda Creighton stood by her convictions and voted against the legislation at the high personal cost of ejection from the parliamentary party and the loss of her ministerial post. Importantly deputy Creighton, who has shown herself to be a person of high caliber made some very incisive remarks about the conduct of the body politic and the media in Ireland.

This legislation is deeply flawed and the sooner it overturned the better

President Higgins and the abortion bill: Will he sign it or wont he?

The decision of President Higgins is now eagerly awaited following the meeting of the Council of State, convened to discuss the “Protection of Life in Pregnancy Bill 2013” which took place at Áras An Uachtaráin (The Irish President’s Official Residence) yesterday.  There is much discussion, speculation and analysis about this in today’s newspapers. During the meeting pro-life warriors held a peaceful prayer vigil at the gates of the Áras.

The Independent for example reports that former President Mary Robinson and former Taoiseach John Bruton who did not actually attend the meeting nevertheless made written submissions. It is understood that both recommended the abortion legislation not be referred to the Supreme Court.

In written submissions to President Michael D Higgins, the two former office holders said the bill should be signed into contentious law – and allow it to be challenged in the courts through individual cases.

The President's advisory body, the Council of State, debated the Protection of Life in Pregnancy Bill 2013 for almost four hours yesterday.

Mr Higgins has until tomorrow to decide whether to sign the bill into law or refer it to the Supreme Court to test its constitutionality.

While he didn't express an opinion at the meeting, there was a sense Mr Higgins would sign the bill.

President of the High Court, Mr Justice Nicholas Kearns, said there was no question the legislation would be challenged in the courts.

Former Taoiseach Bertie Ahern gave a history of the issue, particularly from his own time in office, while his successor as Taoiseach, Brian Cowen, gave a more legalistic assessment of the legislation.

Former President Mary McAleese also gave her legal assessment of the legislation.

Mrs Robinson, Mr Bruton and former Taoiseach Albert Reynolds were the only three members not in attendance at Aras an Uachtarain yesterday.

But Mrs Robinson and Mr Bruton sent in written submissions, which were circulated amongst the members in recent days.

Although the former President would be regarded as liberal and the former Taoiseach as conservative, both felt it shouldn't be referred to the Supreme Court and cases should be allowed to happen.

"Mary Robinson was of the same view as John Bruton. Leave it to case law," a source said.

All 21 members of the Council of State present gave their view on the legislation as the President went around the table seeking opinions.

UNANIMOUS

The advice given to Mr Higgins generally broke down into three categories: sign the bill into law; refer it to the Supreme Court; or sign into law to allow Supreme Court challenges.

Although it wasn't a unanimous view, it was generally felt the Government did well to take on the issue and that the Attorney General did well in presenting the case.

Taoiseach Enda Kenny, Tanaiste Eamon Gilmore and Attorney General Maire Whelan each said the Government felt the bill was in line with the Constitution.

The President of the High Court felt there was a risk of cases being taken and felt the legislation was going to be challenged if it was signed into law.

President Higgins has until tomorrow to decide

The meeting starting just before 3pm and finished at 6.45pm.

Council of State to meet next Monday to discuss the 'Protection of Life in Pregnancy Bill 2013'

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.

According to the report a statement issued by Áras an Uachtaráin has confirmed that President Higgins will be invoking the powers available to him under Article 26 of the Constitution to convene the Council of State to reach a decision on referring a Bill.

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.

Irish Government passes anti life “Protection of Life in Pregnancy Bill 2013”

The Irish Government has passed all stages if the so called “Protection of Life in Pregnancy Bill 2013” which will now be sent to the President Michael D Higgins for signature.

The passing of this pro-abortion legislation is to be deplored and we put the Irish Government on notice that the pro-life people of Ireland will work without ceasing to have this anti-life legislation overturned as soon as possible no matter what it takes, commencing with an immediate legal challenge to its constitutionality.

The Parliamentary debates of both the lower and upper houses of the Oireachtas (Irish Parliament) were long and arduous and a small number of heroic deputies on all sides of the two chambers were seen to stand head and shoulders over their party colleagues, in some cases even defying the party whip and voting in accordance with their consciences, despite the consequences.

The passing of the legislation however raises a number of questions, which will have to be carefully pondered by the pro-life community in the continuing war against the unborn. 

• WHY is it that the current Irish government will only listen to the pro-abortion agenda

• WHY is the Irish print and broadcasting media so biased against unborn life and persist in championing abortion and pushing it at every opportunity

• WHY does the government ignore and dismiss the pro-life voice and paint it as extremist

• WHY does the Government ignore the vast numbers of Irish men and women who voted with their feet and attended the various pro-life vigils and rallies ranging from 10,000 in December and rising to 25,000 in January, 40,000 in June and finally around 60,000 in July

• WHY does the Government believe they can ignore the majority without facing future consequences.

There are also some questions about how Ireland came to be in this position in the first place. The pro-life community know for example that it was brought about as a result of sustained pressure from both national and international pro-abortion organisations such as the Irish Family Planning Association which is a branch of International Planned Parenthood (IPPF) the largest abortion provider in the world.

• How for example did three women who did not know one another one being a non-national get together to take a case against the Irish Government to the European Court Of Human Rights (ECtHR) in order to force this change in Ireland’s laws

• Who financed them in taking this case against the Irish Government the ECtHR

• How were the grounds for taking the case prepared and by whom.

• How was the European Convention on Human Rights subverted in reaching the decision in the A,B and C case and real justice denied in the ECtHR

• What other international pro-abortion organizations were behind the outright attack on Ireland’s pro-life laws.