The Pro Life Campaign have been refused leave to join the defense of unborn rights against an Appeal by the State to overturn all rights of the unborn, apart from the right to life explicitly recognised by the 8th amendment. The Appeal was made after it was ruled in the High Court that the rights of the unborn extend beyond the right to life.
On Monday, Benedict Ó Floinn BL, for the organisation, told Chief Justice Frank Clarke that the group, arising from “concerns over recent developments”, wished to be joined to the action as an amicus curiae – an assistant to the court on legal issues. Mr Justice Clarke granted counsel permission to serve short notice of its application and said he would consider it Tuesday during a case management hearing concerning the appeal. Lawyers for the State told the Chief Justice that they were opposed to the PLC’s application. The following day, counsel for the PLC told the Chief Justice his side were ready to address the matter and appreciated the appeal was for hearing on February 21st and, if it was joined, was not seeking to have that date changed. He said that the PLC could bring 25 years of experience and expertise, including that of constitutional law professor William Binchy, in protecting the rights of women and their unborn children to help the court to decide the legal issues before it. Counsel for the State argued, however, that as the case concerns constitutional law, the PLC could not bring any expertise the lawyers already involved do not have.
