Once the proposed constitutional amendment on abortion was out of the way, many of those who had lobbied for it would turn their attention to having the morning after pill and the IUD outlawed as abortifacients, Mr Brendan Ryan (Lab) contended. Some of these people did not agree with the approach being taken by the Government, regarding it as too liberal. They had a singular obsession with keeping this country different.
Dr Mary Henry (Ind) said that the Minister for Health, Mr Martin, had stated that bringing in legislation in conjunction with the 25th Amendment to the Constitution would make it certain that the morning after pill and the post-coital IUD were legal. It would not do anything of the sort, she said.
Mr Denis O'Donovan (FF) said the morning after pill and the IUD were widely used. There had never been a challenge to either of them in the past 10 or 15 years. He believed it would be almost impracticable , if not impossible, to challenge any woman on their use, on a civil or a criminal basis.
An unsuccessful attempt was made to enable the President to refer the Bill to the Supreme Court to test its constitutionality.
Dr Henry said she was very shocked that this right was being taken away from the President in this instance, especially as the head of State had shown her interest in this area of human life when she addressed both Houses of the Oireachtas some time ago.
Ms Madeleine Taylor-Quinn (FG) said the Government proposal to withdraw the President's right represented one of the most fundamental erosions of our Constitution. It was an underhand way of undermining the constitutional powers of the President.
Ms Mary Jackman (FG) said that what the Government was trying to do in regard to the non-application of Article 26 would get the people's attention. They would ask themselves why this unprecedented action was being suggested.
Dr Dermot Fitzpatrick (FF) said the corollary of what Opposition members were saying was that the people could not be trusted to make an informed decision on the proposed constitutional change. That was naivete of the highest order.
Ms Helen Keogh (FG) warned the Minister that he had opened up a minefield .
The Minister for Health, Mr Martin, asked how anything could be in breach of the Constitution if the people had decided on the issue. "It's not about not trusting Presidents or Supreme Courts. We're devising a mechanism to determine the will of the people. There is absolutely no necessity of going through other mechanisms to second-guess a decision of the people themselves."