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A SUMMARY OF the Attorney General’s advice to government as to why it should opt for a repeal of the Eighth Amendment, with the inclusion of an enabling clause giving the Oireachtas the power to legislate, has been published.
The Department of Health prepared an information note for publication in order to explain the legal reasons that informed its approach.
Legal advice from the Attorney General is privileged, but there have been calls for the full advice to be placed in the public domain.
Taoiseach Leo Varadkar told the Dáil today that the summary note should be sufficient, explaining that it is rather unprecedented for such details to be published.
Opposition leaders are currently being briefed on the Attorney General’s advice.
The government announced yesterday that it has decided to hold a referendum on Ireland’s abortion laws by the end of May.
Rather than adopting the recommendation from the Oireachtas Committee on the Eighth Amendment to have a straight repeal or “repeal simpliciter”, the government opted for an enabling clause to be included in the Constitution giving the Oireachtas the power to legislate on abortion.
No certainty
The note states that the Attorney General, Seamus Woulfe, advised the Health Minister Simon Harris that there is no absolute certainty about the post-repeal landscape of rights.
If Article 40.3.3 was repealed outright, it might subsequently be argued before the courts that the unborn have residual rights arising under other Articles of the Constitution, stated the Attorney General – who highlighted that this could continue to restrict the power of the Oireachtas to legislate on the issue.
To mitigate the uncertainty that might arise in such circumstances, the Attorney General advised that consideration should be given to inserting wording into the Constitution that expressly affirms the right of the Oireachtas to legislate for the regulation of termination of pregnancy.
The summary note states that this approach “would have the advantage of making it clear, through express words, that the Oireachtas has power to legislate on the subject of the termination of pregnancy”.
It adds:
If the amendment is adopted by the people, the Oireachtas would have an express power to legislate to regulate termination of pregnancy as it considers appropriate, in the same way as it legislates in every other area of policy.
The insertion of the additional wording would bring greater constitutional certainty to the primary authority of the Oireachtas to make laws in this area, dealing with controversial social and medical matters.
Taoiseach’s viewpoint
Last night, the Taoiseach outlined his view on the issue, stating that he would be campaigning for a repeal of the Eighth Amendment.
With Varadkar making his opinion known, all eyes are now on other ministers to outline their position.
Education Minister Richard Bruton is amongst those Cabinet ministers who support both a repeal of the Eighth Amendment and subsequent legislation which will allow for the termination of pregnancies up to 12 weeks.
He let his views be known for the first time during an interview with RTÉ’s Drivetime this evening.
He said that it is “time we consider” the current arrangements and repeal the controversial amendment.
He also confirmed that he would support the legislation that is being drafted by his colleague Simon Harris.
Following last night’s referendum announcement, concerns have been raised about the proposed legislation, particularly the provision of the 12-week time period for unrestricted access to an abortion.
Court challenges
The Attorney General’s advice warns that any legislation introduced (which would only happen if the referendum is passed) could face court challenges.
It states that following the removal of the Eighth Amendment, new laws, such as providing the provision for unrestricted access to abortion up to 12 weeks would “remain subject to review by the courts like any other legislation”.
“While no approach can be completely free from the risk of legal challenge” the
Attorney General advises that the approach recommended is likely to be “a
legally safer option than a simple repeal”.
Tánaiste Simon Coveney has outlined that while he supports the repeal of the amendment from the Constitution, he believes the 12-week period in the proposed legislation goes too far.
It is understood that a number of other ministers raised concerns about the 12-week provision during yesterday’s four-hour long special Cabinet meeting.
Politicians must give clarity
Labour’s Joan Burton has said that politicians that support the repeal of the Eighth Amendment but who are opposed to the 12-week unrestricted access to abortion must outline the alternative during the course of the debate.
Speaking to the reporters today, Burton said:
“I think it would be helpful if over the course of the campaign they were able to explain.”
Labour’s Jan O’Sullivan said the repeal question is the most important question, and urged those with concerns to “inform” themselves as to why the 12-week recommendation was put forward by the Oireachtas Committee.
She said that ultimately, politicians are elected to legislate.
Questions have been raised as to whether the 12-week time period could be watered down. However, senior government sources have ruled out suggestions that the proposed legislation could be altered to include a lower time period.
However, others point out that amendments could be made when the legislation is debated.
“It will be fully debated and people will have a chance to propose amendments,” said Bruton.
Challenge facing campaigners
One of the ministers who is understood to have spoken about the three-month time period during last night’s Cabinet meeting is Housing Minister Eoghan Murphy. When asked about it today, he said that he was precluded from talking about what was said at Cabinet.
He clarified, however, that his is favour of repealing of the Eighth Amendment and supports unrestricted access to abortion up to 12 weeks.
Finance Minister Paschal Donohoe said a referendum is “long overdue”. He added that whatever difficulties politicians faced in coming to their decision, it paled in comparison to what women in Ireland have faced for decades.
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Not surprised, he was never becoming a millionaire with that music
If he thinks, they are getting votes for a song? He can go, whistle Dixie!
One of the best mounts on “Celebrity Bainisteoir” was the reaction of the team that Paul Gogarty was sent to. You could almost see the thought bubbles ” Who the F*** is he anyway?”
“Fu!k you Deputy Stagg! Fu!k you! I apologise for my unparliamentary language Ceann Comhairle.”
Gobsh1te of the highest order
Go away Goarty your a bore.
Paul F”ck you, another useless failed Politician,why in Gods name would anyone want to have anything to do with him?
This is the last thing we need happening in Irish politics at the moment.
A trained journalist? He makes most of the writers around here look like Joseph Pulitzer!
A deranged and self absorbed fellow.
He thinks the greens are too concerned with environmental issues? Isn’t that what the greens are for? Dope…..
Is this a joke?
No he’s super serial this time guys
Yes. The truth is he is a teacher on sabbatical looking for an inflated pension and a speech writer to wipe his arse for him.
I for one would like to welcome Mr Gogarty to the free ride that is and shall always be Irish politics.
Every election has these local crackerpots who run just to get attention when everything else they touch turns to dirt! He would be better off and have more success with the singing! Does he honestly expect to get any votes??? It will be Irish people voting and any that vote for green party traitors should be deported!
The Green party should have done the decent thing and disbanded.
No no no no no…..not him again.
All these Green’s in here today hasn’t done my hangover any good.
What’s the point in running a low key campaign? Either you put the effort in, in hope to win a seat or you don’t bother. What a waste
Amadán.
The “Fist Candidate”? Takes all sorts.
Indeed, good sir.
Given that Gogo has in the past made a very poor hand of engagement on sites like this ( worth a Google, might I add), his preference for one to one contact is hardly surprising.
No doubt he thinks we’re all wrong and he’s an unappreciated svengali.
A Trojan Horse?
A horses arse !!
No….the stuff that comes out of a horses arse!
Actually called at my door as few weeks ago, missed him but he put through a small photocopied outlining that he was running for local elections! I did appreciate him telling Stagg to F@@@ You! Looks like the music career didn’t really take off!
A useless one?
Fcuk you mister Gogerty Fcuk you.
What a tosser :-)
This deluded fool again ,wonder will he be dragging his child around the streets with him while canvassing,he is an absolute moron ,why do we have such asses in Irish politics
F**k you deputy Gogarty.
Is this the pr1ck who could not get a baby sitter so he had to bring his child to work,
The only reason he’s going back, is because of the money; nothing more.
What’s a media who*e …????
Paul your music is crap but I would quite happily buy it if I thought it would keep you out of politics for good.
I’s will miss his emotion provoking music ..lol lol always brought tears to my eyes ..lol lol
I used to canvass for him. Really nice guy. I’m not happy with him claiming “People can’t afford to think green at the moment”. That’s just cowardly and defeatist. Thinking Green is never convenient, but it’s cheaper in the long run.
*moments
Don’t call us….we’ll call you
have your say