Assembly tells TDS: It’s up to you to pass new abortion laws
Divisive referendum looms as citizens’ group votes to change – but not repeal – the EighthAmendment
THE scene was set yesterday for an abortion referendum that is expected to be one of the most divisive votes in the history of the State.
The Citizens’ Assembly overwhelmingly voted to reform – but not repeal – the controversial Eighth Amendment, which grants overt protection to the life of an unborn child in Ireland.
The Dáil will receive a report in two months from the assembly, recommending a referendum to alter the Eighth Amendment following yesterday’s vote by the group. That alteration, the assembly decided, should explicitly say that the issue be legislated for by the Oireachtas.
The vote comes after five meetings by the assembly discussing the Eighth Amendment, which, in effect, has banned abortion from Ireland, except in very limited circumstances. The fate of the clause has been the subject of ongoing and furious debate in recent years. An estimated 12 women travel from Ireland daily to Britain for terminations.
The assembly voted on a series of motions starting with the decision on a referendum; the vote to ‘not retain’ the Amendment was carried 79 votes to 12. But delegates then became bogged down in a discussion on whether the word ‘repeal’, ‘replace’ or ‘amend’ was more appropriate. Dispute also arose over whether the phrase ‘right to life of the unborn’ should be retained in a new version if the concept stays in the Constitution.
Delegates voted 50 to 39 in favour of amending, with two abstaining.
Following this decision, a report will be submitted to the Dáil by the end of June, according to assembly chair Justice Mary Laffoy.
She said: ‘Today 57% of the Citizens’ Assembly voted to replace Article 40.3.3 with a constitutional provision that would grant the Oireachtas exclusive power to make laws on the termination of pregnancy and any rights of the unborn.’
Reacting to the result, Sinéad Kennedy, secretary for the Coalition to Repeal the Eighth Amendment said: ‘I think people understand that this issue should not be in the Constitution. It is the responsibility of our legislators.’
The coalition supports the removal of the Amendment completely from the Constitution. Ms Kennedy added: ‘The Eighth has caused so much pain and suffering. It is a blunt instrument that is not appropriate for the complexities of women’s healthcare.’
Yesterday’s deliberations involved long discussions on the implications of single words. Ms Kennedy said this indicates why this issue should be dealt with under legislation that can be nuanced rather than by blunt statements in the Constitution.
She said: ‘We think now there should be a referendum to repeal the Amendment – that is what is reflected in the vote.’
Cora Sherlock, of the Pro Life Campaign, criticised the assembly’s approach as ‘one-sided’ from the start.
She said: ‘Pro-life supporters will understandably be disappointed with today’s result but it’s no reason to become disheartened.’
Now faced with the possibility of a looming referendum, she added: ‘It’s far from certain that it would pass. According to polls, support for dismantling the Eighth Amendment is extremely soft.’
Voting continues today on further details and recommendations.
‘Eighth Amendment is a blunt instrument’