Taoiseach Enda Kenny has said he has reminded Ministers from the Independent Alliance of the principle of collective Cabinet responsibility.
“So while I am not in a position, as the leader of my own party, to dictate to others who are not members of the party, in that sense I am not subject to an agreement we would have internally in our party,’’ he added.
“But those who sit at the Cabinet table, as I have reminded Ministers, have a duty in terms of defence of the Constitution and Cabinet collective responsibility.’’
Mr Kenny was responding in the Dáil to the decision by Ministers who are members of the Independent Alliance to vote for Independent TD Mick Wallace's fatal foetal abnormalities Bill.
Labour leader Brendan Howlin said article 30 of the Constitution stated that the Attorney General shall be the adviser to the Government on matters of law.
Rejected
“Members of the Government now believe that is simply an advice to be taken, rejected, weighed against others,’’ Mr Howlin added.
He asked if Mr Kenny accepted that under article 30 there was one authoritative legal adviser to the Government and that members of his Government would be bound that constitutional precept.
Mr Kenny said he believed the Attorney General was the legal adviser to the Government under the Constitution and he fully accepted her advice.
Mr Kenny said his Government did not have a majority and could not act as one in relation to the Bill.
“I have already reminded Ministers of their responsibilities,’’ said Mr Kenny.
Inadequate
He said that he was concerned at the clarity of how inadequate the Bill was in the view coming from the medical profession. “I have a conscience about that and would not vote for something that would not be in their interest,’’ he said.
He said the programme for government had a commitment to set up a citizens assembly to reflect on the Eight Amendment to the Constitution.
“It will be up and running by October and will be the first issue that the citizens assembly will reflect on,’’ he said.
He said that when they came back with their recommendations, whatever they might be, it would be a matter for a Dáil committee, with access to legal, constitutional and medical advice, to make its recommendations to the House.
“And then everybody can vote freely, in accordance with their conscience,’’ he added.
Labour TD Joan Burton said Mr Kenny’s status as Taoiseach had been badly damaged and diminished in recent days, with a number of Ministers in open revolt over stated policy.
Mr Kenny said the Cabinet had dealt with 36 or 37 items earlier. “Just because people have strong views about particular issues does not mean there is open revolt,’’ he added.