The Government has strongly rejected Labour Party claims that its proposed approach to the abortion issue is unconstitutional.
Labour leader, Mr Ruair∅ Quinn, said yesterday the Protection of Human Life in Pregnancy Bill would be in "clear conflict" with the Constitution.
However, a Government spokesman said Mr Quinn's assertions were "clearly based on a radical misunderstanding" of the relevant aspect of the Constitution, and that he was mistaken.
The highly technical legal argument centres on Labour's claim that the Government's Bill conflicts with Article 46.4 of the Constitution. It requires that a Bill to amend the Constitution cannot contain any other proposal.
Mr Quinn insisted yesterday that the Bill, in fact, contained two proposals: one to amend the Constitution and a second to amend the criminal law on abortion. The result of the referendum, if carried, was likely to be nullified by the courts, he said.
"We have major reservations about the constitutional correctness of this issue which if not properly sorted out will end up in the courts." However a Government spokesman said this view was based on a "radical misunderstanding" of Article 46.4.
He said the Attorney General, Mr Michael McDowell's advice was that there was only one proposal in the Bill: that to amend the Constitution.
He said the text of possible legislation on abortion, set out in a schedule accompanying the Bill to amend the Constitution, is not a "proposal" and will have no legal effect unless it is enacted by the Oireachtas after a referendum.
The abortion issue took up the majority of the debate at the weekly Labour parliamentary party meeting yesterday.
As well as a discussion of the Government's proposals TDs and senators spoke about the motion passed at the party's conference in Cork last weekend which called for the introduction of abortion on the basis of a woman's right to choose. The motion was carried against the wishes of the Labour leadership.
According to party sources there was annoyance at the tabling of a motion which they saw as contradictory, and the subsequent handling of it. It was taken at the beginning of the conference when all delegates had not yet arrived. An amendment tabled by the Executive Council was lost by only one vote.
It emerged at yesterday's meeting that three TDs were particularly annoyed at the outcome of the vote - Ms Rois∅n Shorthall, Dr Mary Upton and Mr Willie Penrose.
The party's National Women's Council urged delegates to support the successful motion which said: "Conference calls on the party to reject a further divisive referendum on the issue of abortion and to support women's right to choose. Conference further asks that women should be able to exercise this right in their own country".
The party's deputy leader, Mr Brendan Howlin, said yesterday the motion was "obviously very heartfelt" but it was contradictory in that it would necessitate a change in the Constitution but stated that there should be another referendum.