Scrap our abortion laws, says ex-judge

If the Government had "any courage", it would hold a referendum on removing the country’s abortion laws, a retired Supreme Court judge has claimed.

Reacting to the controversy concerning an immigrant teenager who was refused an abortion here despite being raped and certified suicidal, former Supreme Court Judge Catherine McGuinness said the Government should hold a referendum on removing the eighth amendment to the Constitution before the next election.

However, she said there was no political appetite for such a referendum, particularly within Fine Gael.

“If the Government had any courage they would hold it before the election,” she told Newstalk. “They could hold it along with their other referenda that they’re putting forward, but I am afraid that I think it’s somewhat unlikely given the rather limited statements that have been made and given the problems that were in Fine Gael about the passing of the 2013 Act.”

The only solution was to remove the amendment as soon as possible and hold a referendum.

“I’m afraid my thoughts turned to 1983 when I firmly opposed the introduction of the amendment to the Constitution, and I feel very strongly that the only real solution is to get rid of that amendment to the Constitution and to think again about what we are going to do,” she said.

“Of course, obviously, I was horrified by the position, not just of the woman but of the baby. I mean, the result of this situation, of the long delay, is that we have this child that has been born prematurely and is open to all the difficulties that premature babies can have. Neither person has come out of this well.

“I absolutely appreciate the terrible dilemma that was in front of the doctors and I wouldn’t actually question their decision because the pregnancy had been allowed to go on for so long but, really, the only solution is to have a referendum and try and get rid of this.”

Ms Justice McGuinness said any new government after the next election needed to address the issue within its first year.

Foreign Minister Charlie Flanagan said it was his opinion that there was no appetite for another referendum.