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Bishops Donal Murray, Kevin McNamara, Joseph Cassidy and Edward Daly at a press conference after a meeting in Maynooth in 1983. Eamonn Farrell/Photocall Ireland

Bishops given copy of Attorney General's advice ahead of 1983 referendum

The Bishop of Clonfert was also given unfettered access to the Attorney General in the lead up to the abortion referendum.

A LETTER PUBLISHED this week under the 30 Year Rule has revealed a close working relationship between the Taoiseach and the Bishop of Clonfert ahead of the 1983 abortion referendum.

Almost immediately after receiving the Attorney General’s advice about problems with the wording for the proposed amendment to the Constitution on the right to life of the unborn, Garret Fitzgerald visited Bishop Joseph Cassidy.

Following the meeting, the Fine Gael leader sent six copies of Peter Sutherland’s opinion document to the Bishop, along with his direct telephone number and a promise the he would be available for talks “any time should you feel that it might be of assistance”.

He also thanked him for receiving him “so warmly”, adding that he appreciated his “willingness” to discuss the problems that had arisen at such short notice.

The Attorney General had outlined his reasons for not approving the proposed insertion to Article 40, including difficulties with defining what is meant by ‘the unborn’ and the prospect of rendering operations – “now carried out in full accord with the law of the State and the teaching of all the Churches” – unconstitutional.

Explaining his decision to find alternative wording to that compiled by the previous Fianna Fáil government, Fitzgerald said his main concern was to “ensure that the Amendment does in fact do what it sets out to do”. That was to prohibit abortion and to prevent the Supreme Court from making any decisions that could permit a wider regime on the island, as had happened through the Row -v- Wade case in the US.

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The documents released by the National Archives this week also include notes from discussions an official from the Taoiseach’s department held with the Pro-Life Amendment Campaign.

During one “informal off the record” meeting, Brendan Shortall (who was the PRO for the group) made it clear that he did not share the Attorney General’s concerns.

However, he was open to the idea of an alternative wording and that the campaign intended to come up with their own proposal.

According to an internal memo in the department, he said it “might be possible to pass that wording informally without commitment – as an indication of the current line of examination being considered by the campaign”.

Although Fine Gael did come up with an alternative amendment, it was struck down in the Dáil and the initial proposal was put to the people – and passed – in September 1983.

For further study, see the National Archives Ref 2013/100/557-569

More: The Attorney General’s advice NOT to introduce ‘pro-life’ constitutional amendment

1982: Government was warned of pro-life amendment’s clash with ECHR

Explainer: What will Ireland’s new abortion law change?

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35 Comments
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    Mute Symbolism
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    Dec 28th 2013, 5:05 PM

    How times have changed. For the better.

    151
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    Mute Shanti
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    Dec 28th 2013, 5:39 PM

    As we all know now – the 8th Amendment was a bad idea.

    Watch Mary Robinson explain the problems with it, and William Binchy denying that something like the X Case – where a 14 year old rape victim was prevented from travelling to the UK for an abortion *because* of the 8th Amendment – could ever happen.
    http://www.youtube.com/watch?v=GLWnoQjTNiw

    The X Case necessitated further referendums and in 1993, the Irish people voted NOT to exclude suicide as a valid reason for abortion, as well as constitutionally enshrining a woman’s right to access information on and travel abroad to access abortion services.

    I guess the X Case showed the Irish people how dangerous the 8th Amendment could be. The sooner it is repealed the better.

    81
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    Mute sean t bugger
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    Dec 28th 2013, 6:28 PM

    Agreed.

    If unionists got one thing right is home rule is Rome rule. It was for long time

    65
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    Mute gspot
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    Dec 28th 2013, 5:09 PM

    Just love taking the pill the morning after a great shag!

    80
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    Mute Stephen McMahon
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    Dec 28th 2013, 5:20 PM

    Are you the girl in he left in the pic? You have a lovely bottom

    28
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    Mute Pilib O Muiregan
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    Dec 28th 2013, 5:27 PM

    Sure they all have lovely bottoms

    58
    See 17 more replies ▾
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    Mute Kevin Mullen
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    Dec 28th 2013, 5:33 PM

    Hope the Princes of the church are not offende?

    22
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    Mute Gary o Barry
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    Dec 28th 2013, 5:34 PM

    Not funny every time you take the morning after its like committing a murder.

    10
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    Mute Shanti
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    Dec 28th 2013, 5:41 PM

    Is it Gary?
    The morning after pill suppresses ovulation, once the egg is fertilised the morning after pill is not effective.
    So, the way the morning after pill actually works is the same way contraceptives work – they stop the egg from being released from the ovary – so the sperm has nothing to fuse with.

    If the morning after pill is murder, then so is masturbation.

    107
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    Mute Gary o Barry
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    Dec 28th 2013, 5:44 PM

    Masterbation is also a sin self violation.

    6
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    Mute John Ward
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    Dec 28th 2013, 5:49 PM

    @Gary:
    You can’t even spell it……………!

    87
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    Mute Begrudgy
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    Dec 28th 2013, 5:51 PM

    Do you have to tell the priest in the Confession box about any self violation sins?

    59
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    Mute Shanti
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    Dec 28th 2013, 5:52 PM

    Ah – sin.
    Your religious views are your own, they are personal and not universal. You have no right to force your religious beliefs upon anyone. We have freedom of as well as freedom from religion.

    75
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    Mute Gary o Barry
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    Dec 28th 2013, 5:52 PM

    I purposely didn’t spell it correctly even saying the word makes me sick.

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    Mute Shanti
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    Dec 28th 2013, 5:57 PM

    By your rationale – periods are sinful too, yet your god makes them happen.
    What about wet dreams? They’re “sinful” too, yet the male has no conscious control of this.

    Why did your god create abortifacients? Pennyroyal, mugwort, juniper, sage.. He even orders an abortion in the bible.. Not only that – it’s mentioned several times in the bible that life is equated with breath..
    Perhaps you should look at what you base your faith upon a bit more closely, apply even the tiniest bit of logic and your ideas about “sin” crumble very quickly..

    92
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    Mute John Everyman
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    Dec 28th 2013, 6:00 PM

    Gary has never masturbated once in his life, ever :)

    58
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    Mute Imnotbovvered Atall
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    Dec 28th 2013, 6:01 PM

    Good response Shanti.

    37
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    Mute Gary o Barry
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    Dec 28th 2013, 6:04 PM

    You all think you are hips kids slagging off god and his followers.
    God transgresses cool and all of you.

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    Mute Mr L.Jay
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    Dec 28th 2013, 6:05 PM

    @John
    Thats because he was only using one hand to type

    47
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    Mute Shanti
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    Dec 28th 2013, 6:07 PM

    http://www.thechristianleftblog.org/1/post/2012/10/the-bible-tells-us-when-a-fetus-becomes-a-living-being.html

    “There is nothing in the bible to indicate that a fetus is considered to be anything other than living tissue and, according to scripture, it does not become a living being until after it has taken a breath.”

    50
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    Mute rmcd66
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    Dec 28th 2013, 6:08 PM

    Gary. Nothing like a good rub to take the stress away. Sure if the priest had done it we might not have all the sad stories we have now

    61
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    Mute OU812
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    Dec 28th 2013, 9:22 PM

    Don’t worry Gary. There’s always God’s loophole: http://youtu.be/j8ZF_R_j0OY

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    Mute Paul Lanigan
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    Dec 29th 2013, 12:01 AM

    Don’t bother. Gary is a troll. Fake twitter account

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    Mute RP McMurphy
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    Dec 28th 2013, 8:03 PM

    It is such a deceitful way of going on, then and now. Giving the clergy the ‘heads up’, prior to the people..those who elected them!! And all to direct and manipulate a desired outcome! But for whom? The unborn? The church and its dynastic hedgemony?? The greater good?? Public order?? Vomit-inducing. Sadly.

    72
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    Mute Catherine Mill
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    Dec 29th 2013, 12:36 AM

    The clergy still have the heads up in court matters- with the Red Mass every year attended by judges, barristers etc.
    Barristers are deemed the soul reapers for the Vatican.

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    Mute Michael Looney
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    Dec 28th 2013, 6:06 PM

    Wow Gary, for someone who is so against masterbation you’re kinda showing yourself as a bit of a w**ker!!

    51
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    Mute Gary o Barry
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    Dec 28th 2013, 6:11 PM

    What a whacker Michael?

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    Mute Shanti
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    Dec 28th 2013, 6:53 PM

    Well whacker
    A) doesn’t trigger the offensive language filter obviously, as both you and I have posted it now with no issue.
    B) there were only two letters replaced by *, “whacker” inserts three letters in place of 2.
    Winker would have been a better (although given the context, incorrect) guess.

    21
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    Mute Jono Lennon
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    Dec 28th 2013, 5:55 PM

    Actually Gary if you look up the way you spell it in the urban dictionary it might be describing you

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    Mute David Giles
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    Dec 28th 2013, 8:53 PM

    This comes as no surprise but it is disappointing that Garrett Fitzgerald did this.

    25
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    Mute Sheik Yahbouti
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    Dec 28th 2013, 9:19 PM

    Agreed, David. I had been an admirer of Fitzgerald and am, frankly, disgusted on reading this report. Shameful behavior. It appears that even those who affected a libertarian stance were in fact common or garden bishop lickers like all of the rest. Appalling.

    30
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    Mute Paul Cadmin
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    Dec 28th 2013, 8:52 PM

    Ah, come on people: Gary is a troll, nobody really has those religious zealot views in Ireland anymore. The Catholic Church has no place for such idiotic and extremist views. It’s probably best just to ignore him. It’s a pity he hijacked such an important article!

    22
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    Mute Robert Parsons
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    Dec 28th 2013, 10:04 PM

    While Gary is a Troll, i can assure you that there are people in ireland with his views. Did you not see RTE News people were still supporting their priests after they had been convicted of child abuse. And supporting the bishops who had knowingly covered it all up.

    28
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    Mute Shanti
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    Dec 28th 2013, 11:04 PM

    I’ve met people like Gary in real life, so while he could be – and likely is – merely taking the mick out of these people, there’s a slim chance he’s actually one of them..

    20
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    Mute Rob
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    Dec 28th 2013, 5:53 PM

    Bless us and save us.!!!!

    9
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