The abortion referendum will be held on Wednesday, March 6 2002. The announcement was made this evening by the Minister for the Environment Mr Noel Dempsey TD.
Earlier today, the High Court dismissed a challenge to the Government’s proposed referendum brought by two students.
Lawyers for the students have lodged an appeal of the ruling to the Supreme Court. Given the time frame involved it is expected the appeal will be heard early next week.
In making his judgment on the challenge brought to the Government’s mechanism for changing the law and amending the Constitution, Mr Justice Kelly ruled neither the form nor the proceedings of the proposed amendment conflicts with Article 46 of the Constitution. He dismissed the students arguments to that effect on all counts.
The High Court case was brought by law student Ms Johanna Morris of Glasnevin, Dublin, and postgraduate politics student Ms Sian Ní Mhaoldomhaigh of Cabra, Dublin. The Minister for the Environment is named as respondent to the action.
Mr Justice Kelly awarded costs against the students but allowed a stay on cost pending the Supreme Court appeal.
However he said the court had no jurisdiction to impose a stay on the Government from setting a polling day for the referendum. Lawyers for the students had requested a stay until Thursday to allow them consider the outcome of today’s ruling.
Speaking after today’s ruling Ms Morris said she was very disappointed with the outcome as she felt they presented a strong case.
Ms Morris expressed her dismay at the decision to award costs against them, saying they had brought the case in the public interest.
"We are also disappointed in the judges refusal to impose a stay on the Government from setting a date for the referendum. We hope the Government will respect the fact that there is an appeal to the Supreme Court and refine from doing so until it is heard," she said.
A Government announcement on the referendum date is expected this evening.
On Wednesday, the Taoiseach and Tánaiste delayed an announcement pending today’s High Court ruling.