We have knowingly elected parties opposed to X case legislation

It has been said many times that the Oireachtas and governments have shirked an obligation placed on them by the Supreme Court in 1992 to legislate for the X case.

No such requirement has ever been placed on them, nor could it be.

Under our Constitution, the courts cannot direct the Oireachtas to enact legislation, a point which the Supreme Court made clear in Holland v Ireland in 1998. Furthermore, in the X case judgement, while the Supreme Court bemoaned the fact that the Oireachtas had not legislated in this area, the court never suggested that it could or should ‘require’ the Oireachtas to legislate.

The only way an obligation can be placed on the Oireachtas to legislate on any issue is by means of a direct mandate of the people at the ballot box.

At every general election since 1992, parties opposed to the judgement in the X case, and in particular the inclusion of the threat of suicide as grounds for a legal abortion, have together made up a huge majority of the Oireachtas.

The only party that has sought an electoral mandate legislating for the X case is the Labour Party, which has not received more than 19% of support at any election in this period. The lack of action by successive governments on this issue is no mystery.

The vast majority of the parties, particularly Fine Gael and Fianna Fáil, and the vast majority of the elected members of the Dáil, have opposed legislation on the X case for the last 20 years.

The Irish people have gone to the polls five times in that period, in the full knowledge of this, and have overwhelmingly supported these parties at the ballot box. The composition of the Dáil, in particular, is an expression of the democratic will of the people at any given time, so it is ludicrous for anyone to retrospectively castigate politicians who were freely elected by an electorate fully aware of their policies on the issue.

Politicians are often rightly criticised for breaking their election promises. But how can we possibly expect them to implement promises they did not make, and, in the X case, policies which they have specifically opposed at every election for the last 20 years?

Barry Walsh

Brooklawn

Clontarf

Dublin 3