Members of the Oireachtas abortion committee have
expressed their incredulity that the Government is likely to reject their principle recommendation for a referendum on the Eighth amendment. The committee stated that a referendum should simply repeal article 40.3.3 and replace it with nothing, whereas the Government is now likely to accept advice from the Attorney General that a replacement text should be inserted to give the Oireachtas absolute authority, above the Constitution and the Courts, for deciding abortion law.
“The advice we got was that ‘repeal simpliciter’ gives by far the most [legal] certainty and any other view is a minority one,” said Senator Catherine Noone, the chair of the Oireachtas Committee on the Eighth Amendment who released their report just before Christmas. “I can’t understand why we would deviate from the majority opinion on this”.
Another member of the committee, Fine Gael TD, Kate O’Connell said, “The overwhelming advice we got was that putting in a clause telling the Oireachtas to legislate would be an unusual way to go about things when the constitution already requires it to legislate.” She said she would like to see the advice of the Attorney general so as to “be assured as to the reason behind it”, but said she was “not sure that would happen.”
Another committee member, Lisa Chambers of Fianna Fáil, said “Our legal advice was that repeal simpliciter was the best option. . . If the government adopts a different position now, it needs to explain very clearly why.”
However, the advice of the Attorney General is rarely published and is not expected to be published this time either.