Constitution raises questions

■ Should the Eighth Amendment be removed, it is understandable how Minister Coveney, in light of his own rather hasty about-face when put under pressure, might mistrust politicians to act judicially and cautiously in relation to abortion legislation. His worries may well be unfounded, as it is quite possible that attempts by any government to legislate on abortion limitation or on any other aspect of abortion which might favour the child, therefore acknowledging some rights of the unborn, could be found unconstitutional.

Ireland must be unique, or at least one of very few jurisdictions where the highest court in the land has explicitly declared that apart from the Eighth Amendment, an unborn child in Ireland has no rights whatsoever. Legislation placing limits of 12 weeks or any other time limitation on abortion, including just before birth or even during the birth process, could be construed as “conferring rights” on an unborn child, which in this country constituently has no rights at all.

I understand the referendum clause on the voting paper will include some wording to allow the Dáil to legislate on abortion regulation which of its nature will be tantamount to conferring some rights on the unborn child. How will such “abortion legislation” fare when confronted with the already ruled on constitutional exclusion of any and all rights applicable to children until after birth? Will we have the most liberal unregulated abortion regime in the world?

Padraic Neary

Tubbercurry, Co Sligo