Minister for Children Katherine Zappone will vote against an Opposition abortion Bill but has strongly rejected claims from her Cabinet colleagues that it could help abusive partners rather than pregnant women.
Ms Zappone had asked for further advice from the Attorney General Máire Whelan on the Bill, which was tabled by the Anti-Austerity Alliance-People Before Profit and Green Party.
The Cabinet failed to take a position against it at its weekly meeting on Tuesday, due to Ms Zappone’s request for further advice.
In a statement on Wednesday afternoon, a spokesman for Ms Zappone said she accepted Ms Whelan's advice that the Bill could be open to constitutional challenge. The spokesman pointedly added, however, that she did not accept the view of her Fine Gael colleagues, including the Taoiseach, that it would help abusive partners.
The Bill, due to be voted on on Thursday, seeks to change a section of the Protection of Life During Pregnancy Act. It would alter the punishment for someone found guilty of the destruction of an unborn life from a “fine or imprisonment for a term not exceeding 14 years, or both” to “a fine of not more than €1”.
Second reading
Minister for Health Simon Harris tabled an amendment, which declines to give the Bill a second reading. Ms Zappone's spokesman said she supported this amendment.
“The Minister sought and received advice from the Attorney General,” the spokesman said. “That advice set out that in the AG’s view the Bill, if passed, would be subject to successful challenge on the basis of unconstitutionality.
“However, Minister Zappone is not convinced by arguments that an abusive partner who causes a miscarriage intentionally would not - under the proposed Bill - be liable to a higher sanction, as non-fatal offences such as assault would still apply.”
Sources said Fine Gael Cabinet members - Tánaiste Frances Fitzgerald, Minister for Arts Heather Humphreys, Minister for Jobs Mary Mitchell O'Connor and Chief Whip Regina Doherty - outlined to Ms Zappone at the Cabinet meeting the effect they believed the Bill would have.
“The Bill would impose a €1 fine on an abusive man who beats a woman and causes her to lose the baby,” a Minister said. “The Fine Gael women pointed this out. They pointed out it was a bad Bill and not a conscience issue. It also reaffirms women who have abortions as criminals.”
In the Dáil, Taoiseach Enda Kenny made similar claims to his Fine Gael colleagues about the Bill potentially helping abusive partners.
Dublin South Central TD Bríd Smith (AAA-PBP) called the claims "disgraceful and silly" and an attempt to portray the proposals as "decriminalising grievous bodily and harm and assault". The Bill's aim was to decriminalise abortion, she said.