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Updated 6.55pm
LEO VARADKAR HAS said that Simon Coveney’s call for the inclusion of a two-thirds majority lock on the law that would be enacted if the Eighth Amendment is repealed is unconstitutional.
This evening Cabinet approved the “general scheme” of the legislation on abortion that would be brought forward if the referendum is passed.
Last night, a spokesperson for the Tánaiste said he was “looking for a two-thirds majority to be necessary if there was ever any attempt to alter the law in the future”.
“To put that into context, that is more than the combined strength of Fine Gael and Fianna Fáil in the current Dáil.
“The Tánaiste hopes this will go some way towards countering the reckless claims that our parliament can’t be trusted and to reassure voters that there will be no creeping change over time if they vote repeal.”
Coveney believes such a mechanism would make it impossible for any one political grouping to change the law in the future as is being claimed by those against repealing Article 40.3.3 of the Constitution.
It is understood that the Tánaiste did not brief the Taoiseach about his proposal before floating the idea last night.
The call was criticised by members of the opposition and, speaking in the Dáil today, Varadkar confirmed the suggestion is indeed contrary to the Constitution.
“In relation to the proposal to have a two-thirds majority to change any legislation, I sought advice from the Attorney General on that matter today and the Attorney General advised me that it would be contrary to Article 15 of the Constitution and therefore could not be included in this legislation and therefore will not be,” the Taoiseach said.
‘Simon is just wrong’
Speaking on RTÉ’s Morning Ireland earlier, Labour leader Brendan Howlin said the two-thirds majority lock would be unconstitutional.
“I think Simon is just wrong on this issue. Article 15.11 of the Constitution couldn’t be clearer that all questions in each House of the Oireachtas must be determined by a majority of votes by members present and voting,” Howlin said.
A majority is a majority, it doesn’t require a majority plus anything. The Constitution is crystal clear.
“In essence, what Simon is suggesting is that one-third of the members elected to Dáil Éireann could out-vote two-thirds, that it would be unconstitutional and that’s as clear as day,” Howlin said.
He noted that the only exception in the Constitution where a simple majority wouldn’t determine the matter would be in the case of the impeachment of the president.
Health Minister Simon Harris said that although Attorney General has advised that Coveney’s proposal is unconstitutional, he will examine ways in which future changes to abortion law will be considered.
Proposed legislation
Outlining the proposed legislation, Harris confirmed that terminations would only be lawful where an appropriate medical practitioner has certified that pregnancy has not exceeded 12 weeks.
The wait-time of 72 hours between the certification and the termination being carried out was also confirmed by the minister.
Beyond the first 12 weeks, terminations will only be available in exceptional circumstances, such as the risk of serious harm to the health or life of the woman, in emergency situations, or in cases of fatal foetal abnormality.
The minister plans to give a date of the referendum this week.
With reporting by Órla Ryan and Christina Finn
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I see quite a lot of bumblebees on my tomatoes. No drop in activity or numbers.
@Pat Patovic: nothing more scientifically sound than antidotal evidence.
@DaisyMay: it was the antidotal that saved her.
@Pat Patovic: agree I never had as many in my garden
@DaisyMay: Yeah right. Everything Journal ever published or everything you read on the internet is the holy grail of truth.
I just offered my own experience and you can hardly dispute it as I do not recall seeing you in my garden ever.
It’s really strange because I thought it was a bumper year for bees, have seen loads of them this year, a real improvement on the last few summers.
@edelno5 .: Dead right, It’s years since I’ve seen so many!
@edelno5 .: Maybe we see them more as they are busy in a struggle to survive. I’ve seen lots more than normal too. I was watching a really tiny bumble bee the other day. I’ve never seen one that small.
So they will be fine if we don’t get the same weather next year. Well, I guess that would fall under the whole climate change thing. Green Ireland now!
The theory of “Redundancy Hypothesis could relate to our politicians too. A diversity of species can help it become more resilient, because it isn’t overly reliant on a single species. A change is as good as a rest. The bees, TDs and Michael D take note.
This reads like a prediction rather than the result of any formal survey which isn’t cited. I have seen a multitude of both bumblebees and solitary bees this summer throughout the country. It’s their natural habitat which is under threat especially with the greater destruction of hedgerows allowed under FG Heritage Bill.
Bees > Humans
We are f/(ked
Well done Irish Water, your hose pip ban causing the death of the bumble bee which is vital for food production. Fix the leaks build reservoirs, we need to water the flowers, someone think of the bees.
If the bee’s go we go, which isn’t a bad thing when you think of all the journal commentators gone forever. Paradise :)
Yer wreckin me buzz.
What about the bankers and irish water…
@Anto Whelan: if there any good at the auld pollen I say let them roam wild and free.
have your say