Committee expected to back repealing the Eighth

The Oireachtas abortion committee is widely predicted to vote to repeal the Eighth Amendment from the Constitution and replace it with new laws allowing for abortions in the first 12 weeks of pregnancy when it meets this afternoon.

The 21-person committee is expected to vote in favour of the measures before drawing up a “short and concise” recommendations report for the Dáil and Seanad on Friday, which will likely form the basis of next year’s referendum question.

Despite opposition from within the committee and two of Fianna Fáil’s five committee members telling today’s Irish Examiner they are not in favour of the extent of the potential changes, the group is expected to vote for the reforms.

After four months of public hearings, the committee will at 2pm today begin voting by deciding on whether to support Labour TD Jan O’Sullivan’s formal motion to repeal the Eighth Amendment entirely or Independent TD Mattie McGrath’s counter-motion to retain it.

With committee chair and Fine Gael senator Catherine Noone unlikely to vote unless a tie occurs, the fact 12 of the committee’s members are already in favour of the repeal motion means it will pass, meaning the committee will formally agree to recommend removing the Eighth from the Constitution.

A further 46 motions will then be voted on to decide on what legislation drawn up by the Oireachtas should govern the abortion laws if next year’s referendum passes. These motions will include sections on whether a gestational limit should be included; if rape or incest should be allowed as a reason for an abortion; and if fatal foetal abormalities should also be a reason to allow an abortion.

In addition, further votes will also be held on whether socio-economic reasons should be allowed as a reason for an abortion; if no restrictions should be placed on having an abortion; and votes on whether to allow an abortion based on the risk of a pregnancy to a woman’s physical or mental health.

The committee will also vote on whether to decriminalise abortion and on ancilliary issues such as sex education, access to contraception and other matters.

As the Irish Examiner reported last week, it is widely expected the committee will vote to repeal the Eighth, decriminalise abortion, and to allow terminations up to 12 weeks pregnancy. However, in addition to high-profile pro-life committee members Independent senator Ronan Mullen, Independent TD Mattie McGrath and Fine Gael TD Peter Fitzpatrick, other members have also raised concerns.

They include Fianna Fáil TDs Anne Rabbitte and James Browne, who last night said they do not favour repeal, but if this happens they want it limited to fatal foetal abnormalities and rape cases. The position contradicts that of Fianna Fáil TDs Billy Kelleher and Lisa Chambers and Senator Ned O’Sullivan, who believe these limits should not be placed on any new laws.