President Michael Higgins has signed the Government’s abortion Bill into law after meeting yesterday with the Council of State to discuss whether to refer it to the Supreme Court to assess its constitutionality.

It now remains open to individuals to challenge its constitutionality in court.

Two senior members of the Council had recommended that he sign the legislation into law without referring it, precisely so that it could be challenged in individual cases.

President Mary Robinson and former Taoiseach John Bruton both recommended that the President should not use his powers under Article 26 to refer the Bill to the Supreme Court, the Irish Independent reports.

President Higgins had until tomorrow to decide whether or not to refer the Bill.

The Council of State debated the Protection of Life in Pregnancy Bill 2013 for almost four hours yesterday.

President of the High Court, Mr Justice Nicholas Kearns, said there was no question the legislation would be challenged in the courts.

Former Taoiseach Bertie Ahern gave a history of the issue, particularly from his own time in office, while his successor as Taoiseach, Brian Cowen, gave a more legalistic assessment of the legislation.

Former President Mary McAleese also gave her legal assessment of the legislation.

Mrs Robinson, Mr Bruton and former Taoiseach Albert Reynolds were the only three members not in attendance at Aras an Uachtarain yesterday.

But Mrs Robinson and Mr Bruton sent in written submissions, which were circulated amongst the members in recent days.

Although the former President would be regarded as liberal and the former Taoiseach as conservative, both felt it shouldn’t be referred to the Supreme Court and cases should be allowed to happen.

“Mary Robinson was of the same view as John Bruton. Leave it to case law,” a source said.

All 21 members of the Council of State present gave their view on the legislation as the President went around the table seeking opinions.

The advice given to Mr Higgins generally broke down into three categories: sign the bill into law; refer it to the Supreme Court; or sign into law to allow Supreme Court challenges.