Mick Wallace: Courts should decide fate of abortion bill

Independent TD Mick Wallace has said a decision as to whether his bill to liberalise abortion is legal or not should be taken by the courts and not the Attorney General.

Writing in today’s Irish Examiner, Mr Wallace has criticised Government ministers who look set to vote against the bill, based on an opinion from Máire Whelan that it is unconstitutional.

Mr Wallace’s comments come amid uncertainty as to the intentions of Shane Ross, Finian McGrath, John Halligan, and Seán Canney of the Independent Alliance, who have demanded a free vote on the matter.

He says that when the bill was moved last year by Clare Daly, the Government relied on the advice of the Attorney General which suggested that it was unconstitutional as a result of the Eighth Amendment.

“They are again seeking her opinion, this time round. I want to see that opinion published. It cannot be used as a fig leaf to cover the inaction of politicians. The truth is that all it is an opinion. Actual unconstitutionality can only be determined by the courts. So why not allow the bill to pass, get the President under Article 26 to refer it to the Supreme Court?” he says.

Because the Constitution allows 60 days to have the matter determined, Mr Wallace says if the courts agree it is compatible with the Constitution, then we can, at least in these circumstances, end the inhumane treatment of Irish women. “If they find that it is not constitutional then we will only be in the situation that we are in now,” Mr Wallace says.

“It is not acceptable that any politician would advance the argument that they cannot support my bill because of the Eighth Amendment, and then refuse to call for a repeal of that amendment. Such a stance makes that individual complicit in human rights violations. But it is not either or. We can pass this bill and we should repeal the Eighth.”

Last week, Health Minister Simon Harris referred the Wallace bill to Ms Whelan for advice and, given it was identical to the Clare Daly bill, she said it fell outside the grounds of the constitution.

It was felt this would be sufficient for the alliance members to stay onside, but Mr Halligan and Mr McGrath in particular have strong views about liberalising abortion laws.

The alliance were due to decide their course of action at a meeting on Friday, but that meeting was delayed because of the Brexit vote in Britain. They are to meet today instead and some have indicated they might abstain from the vote.

Analysis: 11