President Michael Higgins is to convene a meeting of the Council of State to decide whether to refer the Government’s abortion Bill to the Supreme Court.

The President has the power, under Article 26 of the Constitution, to refer contentious legislation to the Court to assess its constitutionality.

The meeting is set to take place next Monday.  

The Council of State is made up about 25 current and former senior office holders and appointees by the President himself.

The membership includes Taoiseach Enda Kenny and his predecessors, Brian Cowen, Bertie Ahern, Albert Reynolds and Liam Cosgrave, although Mr Reynolds is not expected to attend due to ill health.

Former Presidents Mary McAleese and Mary Robinson are also members.

Mr Higgins received the bill yesterday and now has between five and seven days to sign or refer the bill, under Article 26 of the Constitution.

If he refers it to the Supreme Court, it will either be upheld or struck down. If upheld, it can never be challenged again.

Meanwhile, Transport Minister Leo Varadkar is the latest Cabinet minister to voice his support for abortion being allowed in cases of fatal foetal abnormalities.

He said he would support a family member who was raped and wanted to have an abortion.

However, speaking on Today FM’s Ray D’Arcy Show, Mr Varadkar aid if there was a referendum to liberalise abortion it wouldn’t necessarily be passed.

Justice Minister Alan Shatter has already stated his support for a referendum to allow abortion in cases of rape, while Tanaiste Eamon Gilmore has promised to hold a referendum if Labour gets back into power, to allow abortion in cases of fatal foetal abnormality or when pregnancy results from rape or incest.

Mr Shatter said yesterday it was an “unacceptable cruelty” that a rape victim can only have her pregnancy terminated if she is suicidal.