REVEALED: wording of referendum on abortion
That the Eighth Amendment of the Constitution will be deleted. And that the Oireachtas can legislate in this area of termination of pregnancy.
THE Cabinet will agree a ‘repeal and enable’ wording for the abortion referendum which will remove the Eighth Amendment from the Constitution and insert a clause that enables the Oireachtas to legislate, the Irish Mail on Sunday has learned.
The final wording for the abortion referendum question is expected to be agreed at a Cabinet meeting on Tuesday, January 30. With Taoiseach Leo Varadkar and Health Minister Simon Harris backing the ‘repeal and enable’ strategy, this will be put to the electorate in May.
The Cabinet still has to finalise the wording, but it is likely Mr Harris’s Department of Health officials will propose the following: ‘That the Eighth Amendment of the Constitution will be deleted. And that the Oireachtas can legislate in this area of termination of pregnancy.’ Government Chief Whip Joe McHugh, who is a Fine Gael TD for Donegal and Independent Communications Minister Denis Naughten are expected to dissent. But, ultimately, the Cabinet will collectively back the strategy. Foreign Minister Simon Coveney, who has yet to make his position public, is also believed to be ready to back ‘repeal and enable’. Meanwhile, it is understood that Fianna Fáil leader Micheál Martin’s decision to support the repeal of the Eighth Amendment and support the permissibility of terminations up to 12 weeks, was influenced by events in his personal life. According to sources, Mr Martin, who was previously seen as prolife, was profoundly influenced by the experiences of he and his wife Mary, who saw two children die tragically. Mr Martin is facing dissenting voices within the Fianna Fáil party where it is expected that only seven or eight TDs will back repeal of the Eighth Amendment. But all eyes are turning to the Taoiseach, who has yet to state his position publicly. However, sources say that he will come out firmly in support of repeal of the Eighth.
A close Cabinet ally of the Taoiseach last night said it was unfair to criticise Mr Varadkar for delaying his public stance on the matter. ‘He simply can’t do that until the Cabinet decides on the wording of the referendum. And even then the Dáil has to vote on legislation to proceed the referendum.’
Meanwhile, Government opponents of the Eighth Amendment are planning a last Seanad stand against abortion and believe they have the numbers to reject any proposed referendum.
It is unclear what a Seanad defeat would do. The Seanad normally only has the power to block legislation. But when it comes to referendums, Article 46 states that only after a referendum has ‘been passed or deemed to have been passed by both Houses of the Oireachtas’ can it be submitted to a decision of the people.
One source warned: ‘A revolt of the Seanad would turf us into uncharted territories.’
Fine Gael senator Tim Lombard added: ‘We can at least ensure it gets off the ground stumbling. The opposition to the Alcohol Bill will look like a picnic when compared to the fight we will put up on abortion. This is a matter of conscience.’
Opponents of the referendum will be targeting those senators who are perceived to be social conservatives such as Michelle Mulherin, Joe O’Reilly, Maura Hopkins and John O’Mahony. Fianna Fáil senators are also believed to be predominantly opposed with one source noting: ‘Ned O’Sullivan is the exception there. Does anyone seriously believe Terry Leyden, Robbie Gallagher, Diarmuid Wilson and the lads are pro-choice.’
Influenced by events in his personal life ‘This is a matter of conscience’