Kenny does not have Constitution on his side

In responding to the bishops’ objection to the new abortion bill, Enda Kenny conceded the Church’s “right to their own opinion” but said that “my book is the Constitution”.

The Taoiseach’s comment is hypocritical, given the discrepancy between the ideals of our Constitution, which recognise the equal right to life of the pregnant mother and the unborn child, and how politicians seek to subvert those ideals.

Based on the X-case ruling, the Government says it must legislate for abortion in limited circumstances and codify, not amend, the Constitution, removing the need for a referendum — all correct according to the law. But is it? Dr Maria Cahill, professor of constitutional law at UCC, said our Constitution works through three branches of power: the executive, the legislature and the judiciary. These three are checks and balances. In regard to the X-case, Dr Cahill said the system had worked: the mistake of the judiciary, which was based on the assumption that abortion was a treatment for suicidal ideation, has been flagged by the legislature, by means of the Oireachtas hearings, where psychiatrists testified that abortion was not a treatment for suicidal ideation. Featured in the Oireachtas hearings were the findings of Professor David Fergusson’s study on abortion and mental health. Fergusson is pro-choice, but says “there is no credible scientific evidence demonstrating that abortion has mental health benefits.” So, how can our politicians insist there is a need to legislate for the X-case?