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File photo of Minister Harris. Sam Boal/RollingNews.ie

Cabinet approves draft bill clearing way Oireachtas to set new abortion laws if 8th is repealed

The deadline for production of a final bill is 6 March.

Updated at 5.15pm

THE CABINET HAS given its formal approval to the draft scheme of the bill that will form the basis of the referendum on the Eighth Amendment.

Health Minister Simon Harris has said that the upcoming referendum on the Eighth Amendment will propose that the article in the Constitution that gives the equal right to life of the mother and the unborn child be deleted in its entirety.

He also said that the referendum will propose that a new clause is inserted that makes it clear that the Oireachtas may legislate to regulate termination of pregnancy.

“Today the Government took the next step on the road to a Referendum on the 8th Amendment,” Harris said in a statement.

“The Cabinet gave formal approval for the draft General Scheme of the Bill, which will form the basis for the referendum on Article 40.3.3 of the Constitution to be held in late May this year.

I now plan to finalise the Referendum Bill, so that the 36th Amendment to the Constitution Bill may be published in early March

He said that the exact date of the referendum will be set following a debate of the Bill in the Dáil and the Seanad.

He said he was “confident that our timeline can be met” in relation to having the referendum in May.

“For the first time since 1983 the Irish people are to have their say on the substantive issue of the 8th Amendment and whether it should be removed from our Constitution,” Harris said in a statement.

“This follows recommendations from the Citizens Assembly and the cross-party Oireachtas committee, as well as a Government decision that a referendum be held.

That referendum will propose that Article 40.3.3 is deleted in its entirety and a clause inserted that makes it clear that the Oireachtas may legislate to regulate termination of pregnancy.

Harris – who has already said he will be campaigning to change Ireland’s abortion laws – reminded people that the Referendum must be passed and the Eighth Amendment repealed “if anything is to change for Irish women”.

“We need to change the status quo, for this to happen we must repeal the 8th,” he said.

It is important that we are clear that if the people of Ireland do not repeal article 40.3.3 we cannot legislate for fatal foetal abnormality, rape, incest or women’s health.

Legislation 

He said that the Department of Health was currently drafting laws which would follow the repeal of the Eighth Amendment.

“This legislation will be based on the recommendations made by the Joint Committee on the Eighth Amendment,” he said.

I intend to publish a policy paper at the beginning of March which will outline what that legislation will include.

In December, the Oireachtas committee on the Eighth – which was tasked with examining the recommendations of the Citizens’ Assembly on the subject - voted in favour of repealing the Eighth.

It recommended for abortion without restriction to be legal up to 12 weeks of pregnancy.

Cross-party members came to the majority-decision after hearing testimony from medical and legal experts, as well as personal stories, over the course of three months.

An Taoiseach Leo Varadkar has already said that he would be campaigning for the repeal of the Eighth Amendment.

It is understood that Tánaiste Simon Coveney told his Cabinet colleagues last month he could not support the 12-week provision.

The actual question asked in the referendum may prove to be key, with many undecided people doubtless keen to know exactly what they will be voting on.

A recent Sunday Independent poll suggested that 40% of those polled think there should be unrestricted abortion in Ireland up to 12 weeks, with 33% saying this goes too far, and 19% undecided.

With reporting from Cormac Fitzgerald

Read: Bertie Ahern says he’s been ‘talking to Simon Coveney’ about the ongoing Stormont talks

Read: Sinn Féin says direct rule is ‘off the table’ as Varadkar speaks by phone to Theresa May

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    Mute Bill
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    May 17th 2013, 7:25 AM

    Vast majority of the population have no say in the makeup of the Seanad shut it down .

    26
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    Mute Sean O'Sullivan
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    May 17th 2013, 7:08 AM

    Reform me arse! Shut it down!

    22
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    Mute FlopFlipU
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    May 17th 2013, 7:26 AM

    If there were imperfections in the system why were they not ironed out by now ,did it suit to have them there .It,s jobs for the boy,s I think -put them on half pay like the rest of the working people and see
    how many of them turn up

    21
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    Mute Itiswhatitis
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    May 17th 2013, 7:36 AM

    If we could see value . They are just a talking house with no power . The Dail can listen or ignore recommendations. The seante should have the ability to veto and block things.

    13
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    Mute Godblessthecraic
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    May 17th 2013, 7:39 AM

    I can’t wait to vote for its abolition, that’s if Fine Gael keep their election promise……..they wouldn’t lie to get into power would they??

    18
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    Mute gerbreen
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    May 17th 2013, 8:05 AM

    The Seanad has offered little to its citizens for many a year. Reform is not on the agenda as far as the referendum is concerned and has been frowned upon for years. Like the Dail it has a small number of successful people in the real world but they are too few in number and restricted by the whip. Unless I have been missing all these great successes of the upper house – I will be voting for its removal

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    Mute Itiswhatitis
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    May 17th 2013, 7:20 AM

    If I could see value I would be in favour however since FG got in no real change has happened so shut the place down.

    16
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    Mute John Campbell
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    May 17th 2013, 8:10 AM

    Sorry, Senators Quinn and Zappone nice try but the people will not fall for it. Starting debate about changing the Senate is simply a smoke screen to hide the obvious which is that we simply cannot afford it and it serves little purpose save to award political ‘friends’ or groom prospective TDs. I note the proposal is for an ‘in house’ vote to make the change with the citizenry allowed no say. A straight yes or no vote in a referendum will do nicely thank you .

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    Mute Oisín Ó HAlmhain
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    May 17th 2013, 8:41 AM

    Perhaps the fact that the Seanad is used as a consolation prize by some people, and a place to raise profile and become TDs is part of the problem.
    If all seanad nominations had to be in before any Dáil General Election, and no sitting senator was allowed run for the Dáil, then the Seanad might have more respect.

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    Mute John Scott
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    May 17th 2013, 9:43 AM

    there has been lots of reports sitting some where in the big house on REFORM. so SENATORS Quinn Zappone may be u should have a read of them. now get rid if this house an use all 65000e that u all get put it to some good.

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    Mute Alan Burke
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    May 17th 2013, 7:34 AM

    There are more than enough TDs and high ranking civil servants to oversee the tasks outlined above. The Seanad has no place in our political system and should be abolished.

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    Mute Geraldine Lee
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    May 17th 2013, 7:10 AM

    Shitheads

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    Mute Irish Mule
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    May 17th 2013, 12:50 PM

    Can’t wait till this retirement home is shut down.

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    Mute Tom Brennan
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    May 17th 2013, 1:02 PM

    I read it like this “Seanad, …., blah blah, drone on about constitution, waffle, more sh!te talk, blah blah, here is my pay cheque thanks to you taxpayers…”

    Shut the bloody thing down – simples.

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    Mute Scarr
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    May 17th 2013, 9:44 AM

    I’d like to see the Seanad shut down to make way for an innovation fund – one project fully funded for up to 4 years on Seanad money. Project would eventually have to be self funding. or We could start a entrepreneurialism course in school, or programming or product design. Much better uses of money.

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    Mute Brian O'Sullivan
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    May 17th 2013, 10:46 AM

    We can’t abolish the Seanad without seeing some real reform of the Dáil as well. It’s already too easy for the Government to railroad legislation through the Dáil thanks to the whip system, and removing the Seanad will make that even easier.

    If the Government set out their proposals for real reform of the Dáil before the referendum and put mechanisms in places that assure those reforms WILL go through once the Seanad is removed, then I’ll consider voting yes. Until then, I’m voting no, because I just don’t trust the Government being left completely to their own devices to do what’s best for the country.

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    Mute tax slave
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    May 17th 2013, 3:38 PM

    For a small country we are to top heavy . . Too many chiefs not enough Indians .

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