Taoiseach Enda Kenny has insisted Ministers must adhere to a Cabinet agreement to oppose a Private Members’ motion allowing for terminations in the cases of fatal foetal abnormalities.
A dispute has emerged between Fine Gael and the Independent Alliance over a Bill proposed by Independents4Change TD Mick Wallace to allow for terminations in these specific cases.
It is understood Mr Kenny is adamant Ministers must accept the advice of Attorney General Máire Whelan and vote against the Bill.
The Cabinet has been informed by her that the proposed legislation is unconstitutional and contravenes article 43.3 of the Constitution, which places the life of the unborn on an equal footing to the mother.
The Taoiseach is expected to hold a Cabinet meeting this morning to agree a position before the Bill is heard in the Dáil today. A vote on it will not take place until next week but a Cabinet position must be agreed.
Collective vote
Mr Kenny has expressed a strong preference that all members of Cabinet, including Minister for Transport
Shane Ross
and Minister of State at the
Department of Health
Finian McGrath, vote collectively.
Mr Ross and Mr McGrath, both members of the Independent Alliance, have expressed a strong desire to have a free vote on the Bill. Minister of State at the Department of Jobs John Halligan is also seeking to abstain or vote in favour of the Bill.
It is understood Mr Halligan may be given some space because he is not bound by the Cabinet decision. However, final details had yet to be agreed between both sides last night.
Mr Wallace’s Bill would allow for abortion in cases of fatal foetal abnormality. Under it, two suitably qualified medical professionals – a perinatologist and an obstetrician – would be asked to certify, in good faith, if the foetus was incompatible with life.
Compromise
One of the compromises being examined by the Government is to allow the Independent Alliance Ministers have a free vote on the precondition they accept the Cabinet’s decision to oppose the Bill.
It is understood Tánaiste Frances Fitzgerald, Minister for Finance Michael Noonan and Minister for Social Protection Leo Varadkar sought to facilitate a compromise with the Alliance. However, the Taoiseach insisted the Ministers must adhere to Cabinet collective responsibility.
Mr Wallace said he is convinced the Bill is not unconstitutional and called on Ministers to stop hiding behind the Attorney General.
He said: "Using that excuse does not stand up. The Supreme Court is the only place that can determine if legislation is unconstitutional. The United Nations has told us to act in these specific and tragic cases. It is time for the Ministers to get off the fence."
He called on Mr Ross and Mr McGrath to support the Bill and said voting against it would be deeply disappointing. "They both voted in favour of it when Clare Daly moved the exact same Bill last year. They cannot now claim the Bill is unconstitutional."
