Former Minister for Finance Michael Noonan has issued a warning about the effect of an upcoming Supreme Court case on unborn rights could have on the pro-life debate. Addressing a meeting of the Fine Gael parliamentary party yesterday, he advised his colleagues to be conscious of the case where the Supreme Court is to hear an appeal of a High Court ruling which found the unborn had rights beyond those expressed in the Eighth Amendment. Mr Noonan did not express an opinion on the committee’s recommendations but said the Government needed to be mindful of the legal realities.
The case is due to be heard in late February, but it is not clear whether a ruling might be handed down by the time any potential referendum is held. The outcome of the case could put a wrench in the Government’s strategy as they are planning to publish abortion legislation in tandem with any legislation to hold an abortion referendum. If the Government decide for straight repeal of the Eighth amendment, they will not only be opening the way for widespread abortion, they would also be deleting the constitutional right to life of the unborn. However, any legislation that has been mooted so far has only addressed possible abortion scenarios, and not the rights of the unborn child. After the legislation is published, the Supreme Court could subsequently rule that the unborn child has no rights beyond the right to life. Overnight then, the referendum to repeal the Eighth amendment would become a referendum to remove the last remaining vestige of recognition of the rights of the unborn.
At the meeting yesterday, the Tánaiste, Simon Coveney, also expressed concern about the rights of the unborn. Mr Coveney told the parliamentary party he accepted there was a need for some change but wanted protection for the unborn and the mother.
