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<!-- When the bill has been published, this page should be moved to [[Thirty-fifth Amendment of the Constitution (Repeal of the Eighth Amendment) Bill 2018]], or whatever name it takes -->
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The [[Government of Ireland]] has proposed holding a '''constitutional referendum on abortion''' in [[2018]]. [[Taoiseach]] [[Leo Varadkar]] has said he is committed to the referendum taking place in May or June 2018.<ref>{{cite news|url=https://www.thetimes.co.uk/article/varadkar-warns-of-abortion-hurdles-cbgxdt0pl|title=Advice of law chief sought on referendum|last=Coyne|first=Ellen|date=17 January 2018|accessdate=18 January 2018|publisher=''The Times''}}</ref> The referendum will ask voters whether the [[Eighth Amendment of the Constitution of Ireland|Eighth Amendment]] of the [[Constitution of Ireland]] should be repealed.<ref>{{cite news|url=https://www.thetimes.co.uk/article/varadkar-abortion-vote-is-not-on-12-week-access-sqflrt7gq|title=Varadkar: Abortion vote is not on 12-week access|last1=Bray|first1=Jennifer|last2=Coyne|first2=Ellen|date=16 January 2018|accessdate=18 January 2018|publisher=''The Times''}}</ref> The Government is still considering whether to propose inserting text into the Constitution asserting the right of the [[Oireachtas]] to legislate on abortion.<ref>{{cite news|url=https://www.irishlegal.com/10392/attorney-general-advise-government-risks-not-replacing-eighth-amendment/|title=Attorney General to advise Government on ‘risks’ of not replacing Eighth Amendment|date=17 January 2018|accessdate=18 January 2018|publisher=''Irish Legal News''}}</ref>
The [[Government of Ireland]] has proposed holding a '''constitutional referendum on abortion''' in 2018. Article 40.3.3° currently protects the right to life of the unborn, creating a constitutional bar on abortion unless the life of the pregnant woman is directly at risk. [[Taoiseach]] [[Leo Varadkar]] has said he is committed to the referendum taking place in May or June 2018.<ref>{{cite news|url=https://www.thetimes.co.uk/article/varadkar-warns-of-abortion-hurdles-cbgxdt0pl|title=Advice of law chief sought on referendum|last=Coyne|first=Ellen|date=17 January 2018|accessdate=18 January 2018|publisher=''The Times''}}</ref> The referendum will ask voters whether the [[Eighth Amendment of the Constitution of Ireland|Eighth Amendment]] of the [[Constitution of Ireland]] should be repealed.

==Proposed change to the text==
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The Government is still considering whether to remove the current provision entirely or to replace it with text asserting the right of the [[Oireachtas]] to legislate on abortion.<ref>{{cite news|url=https://www.thetimes.co.uk/article/varadkar-abortion-vote-is-not-on-12-week-access-sqflrt7gq|title=Varadkar: Abortion vote is not on 12-week access|last1=Bray|first1=Jennifer|last2=Coyne|first2=Ellen|date=16 January 2018|accessdate=18 January 2018|publisher=''The Times''}}</ref> <ref>{{cite news|url=https://www.irishlegal.com/10392/attorney-general-advise-government-risks-not-replacing-eighth-amendment/|title=Attorney General to advise Government on ‘risks’ of not replacing Eighth Amendment|date=17 January 2018|accessdate=18 January 2018|publisher=''Irish Legal News''}}</ref>

==Background==
The [[Eighth Amendment of the Constitution of Ireland|Eighth Amendment]] was approved by referendum in 1983. This amendment gave [[fetal rights|constitutional protection to the life of the unborn]]. Since the passage of the [[Protection of Life During Pregnancy Act 2013]], there has been a significant increase in calls to repeal the Eighth Amendment to allow legislation on increased access to abortion.


== History ==
In the run up to the [[Irish general election, 2016|2016 Irish general election]], a number of parties committed to a referendum to repeal the Eighth Amendment (Labour,<ref>{{cite web|url=https://www.labour.ie/manifesto/reproductive-healthcare/|publisher=[[Labour Party (Ireland)|Labour Party]]|accessdate=5 August 2016|title=Reproductive Healthcare|quote=Our plan for the next five years: Hold a referendum to remove Article 40.3.3 (the 8th Amendment) from the Constitution}}</ref> Green Party,<ref>{{cite web|publisher=[[Green Party (Ireland)|Green Party]]|url=https://greenparty.ie/policies/green-party-reproductive-rights-policy/|title=Reproductive Rights|accessdate=5 August 2016|quote=The Green Party supports the holding of a referendum to allow the people of Ireland determine whether or not the 8th Amendment should be repealed.}}</ref>, Social Democrats <ref>http://astaines.eu/wp-content/uploads/2016/02/Social-Democrats-2016-Building-a-Better-Future-2016-2026-Social-Democr.pdf </ref>, Sinn Féin<ref>{{cite web|url=http://www.sinnfein.ie/contents/39220|quote=Sinn Féin MEP Lynn Boylan joined Amnesty Ireland campaigners and her Sinn Féin colleagues outside Leinster House today calling for a referendum to repeal the 8th amendment.|publisher=[[Sinn Féin]]|title=Sinn Féin support the Amnesty Ireland Repeal the 8th Campaign- Lynn Boylan MEP|accessdate=5 August 2016}}</ref> and Workers' Party<ref>web|url=http://workersparty.ie/wpmanifesto/|publisher=[[Workers' Party of Ireland|Workers' Party]]</ref>) and a group of feminist law academics published model legislation to show what a post-Eighth Amendment abortion law could look like.<ref>{{Cite journal|last=Enright|first=Mairead|last2=Conway|first2=Vicky|last3=Londras|first3=Fiona de|last4=Donnelly|first4=Mary|last5=Fletcher|first5=Ruth|last6=McDonnell|first6=Natalie|last7=McGuinness|first7=Sheelagh|last8=Murray|first8=Claire|last9=Ring|first9=Sinead|date=2015-06-28|title=General Scheme of Access to Abortion Bill 2015|url=http://journals.kent.ac.uk/index.php/feministsatlaw/article/view/174|journal=feminists@law|language=en|volume=5|issue=1|issn=2046-9551}}</ref>
In the run up to the [[Irish general election, 2016|2016 Irish general election]], a number of parties committed to a referendum to repeal the Eighth Amendment (Labour,<ref>{{cite web|url=https://www.labour.ie/manifesto/reproductive-healthcare/|publisher=[[Labour Party (Ireland)|Labour Party]]|accessdate=5 August 2016|title=Reproductive Healthcare|quote=Our plan for the next five years: Hold a referendum to remove Article 40.3.3 (the 8th Amendment) from the Constitution}}</ref> Green Party,<ref>{{cite web|publisher=[[Green Party (Ireland)|Green Party]]|url=https://greenparty.ie/policies/green-party-reproductive-rights-policy/|title=Reproductive Rights|accessdate=5 August 2016|quote=The Green Party supports the holding of a referendum to allow the people of Ireland determine whether or not the 8th Amendment should be repealed.}}</ref>, Social Democrats <ref>http://astaines.eu/wp-content/uploads/2016/02/Social-Democrats-2016-Building-a-Better-Future-2016-2026-Social-Democr.pdf </ref>, Sinn Féin<ref>{{cite web|url=http://www.sinnfein.ie/contents/39220|quote=Sinn Féin MEP Lynn Boylan joined Amnesty Ireland campaigners and her Sinn Féin colleagues outside Leinster House today calling for a referendum to repeal the 8th amendment.|publisher=[[Sinn Féin]]|title=Sinn Féin support the Amnesty Ireland Repeal the 8th Campaign- Lynn Boylan MEP|accessdate=5 August 2016}}</ref> and Workers' Party<ref>web|url=http://workersparty.ie/wpmanifesto/|publisher=[[Workers' Party of Ireland|Workers' Party]]</ref>) and a group of feminist law academics published model legislation to show what a post-Eighth Amendment abortion law could look like.<ref>{{Cite journal|last=Enright|first=Mairead|last2=Conway|first2=Vicky|last3=Londras|first3=Fiona de|last4=Donnelly|first4=Mary|last5=Fletcher|first5=Ruth|last6=McDonnell|first6=Natalie|last7=McGuinness|first7=Sheelagh|last8=Murray|first8=Claire|last9=Ring|first9=Sinead|date=2015-06-28|title=General Scheme of Access to Abortion Bill 2015|url=http://journals.kent.ac.uk/index.php/feministsatlaw/article/view/174|journal=feminists@law|language=en|volume=5|issue=1|issn=2046-9551}}</ref>


On 27 July 2016, the [[Government of the 32nd Dáil|new government]] headed by Taoiseach [[Enda Kenny]] appointed [[Supreme Court of Ireland|Supreme Court]] judge [[Mary Laffoy]] as chair of a [[Citizens' Assembly (Ireland)|Citizens' Assembly]] to consider a number of topics, including the Eighth Amendment.<ref>{{cite web|url=http://www.merrionstreet.ie/en/News-Room/Releases/Government_appoints_Chairperson_to_Citizens_Assembly.html|title=Government appoints Chairperson to Citizens' Assembly|work=MerrionStreet.ie|date=27 July 2016|accessdate=5 August 2016}}</ref> The Assembly [https://www.citizensassembly.ie/en/The-Eighth-Amendment-of-the-Constitution/Final-Report-on-the-Eighth-Amendment-of-the-Constitution/Final-Report-on-the-Eighth-Amendment-of-the-Constitution.html recommended] a referendum to remove and replace the 8th Amendment. In September 2017 the [http://www.oireachtas.ie/parliament/oireachtasbusiness/committees_list/eighthamendmentoftheconstitution/ Oireachtas Committee on the 8th Amendment] began its work considering how to give effect to this recommendation.
On 27 July 2016, the [[Government of the 32nd Dáil|new government]] headed by Taoiseach [[Enda Kenny]] appointed [[Supreme Court of Ireland|Supreme Court]] judge [[Mary Laffoy]] as chair of a [[Citizens' Assembly (Ireland)|Citizens' Assembly]] to consider a number of topics, including the Eighth Amendment.<ref>{{cite web|url=http://www.merrionstreet.ie/en/News-Room/Releases/Government_appoints_Chairperson_to_Citizens_Assembly.html|title=Government appoints Chairperson to Citizens' Assembly|work=MerrionStreet.ie|date=27 July 2016|accessdate=5 August 2016}}</ref> The Assembly [https://www.citizensassembly.ie/en/The-Eighth-Amendment-of-the-Constitution/Final-Report-on-the-Eighth-Amendment-of-the-Constitution/Final-Report-on-the-Eighth-Amendment-of-the-Constitution.html recommended] a referendum to remove and replace the 8th Amendment.


The 5th Annual March for Choice, organised by the Abortion Rights Campaign, took place in Dublin on Saturday 24 September 2016 marking the Global Day of Action for Access to Safe and Legal Abortion. The theme of the rally was ‘Rise and Repeal’. The attendance was estimated to be around 20,000.<ref>{{Cite news|url=http://www.irishtimes.com/news/social-affairs/thousands-taking-part-in-pro-choice-rally-in-dublin-1.2804559|title=Thousands taking part in pro-choice rally in Dublin|newspaper=The Irish Times|language=en-US|access-date=2016-11-16}}</ref>
The 5th Annual March for Choice, organised by the [[Abortion Rights Campaign]], took place in Dublin on Saturday 24 September 2016 marking the Global Day of Action for Access to Safe and Legal Abortion. The theme of the rally was ‘Rise and Repeal’. The attendance was estimated to be around 20,000.<ref>{{Cite news|url=http://www.irishtimes.com/news/social-affairs/thousands-taking-part-in-pro-choice-rally-in-dublin-1.2804559|title=Thousands taking part in pro-choice rally in Dublin|newspaper=The Irish Times|language=en-US|access-date=2016-11-16}}</ref>


For the 2017 [[International Women's Day]], a protest called [[Strike 4 Repeal]] was held in Dublin and around Ireland. A protest also happened outside the Irish Embassy in London.
For the 2017 [[International Women's Day]], a protest called [[Strike 4 Repeal]] was held in Dublin and around Ireland. A protest also happened outside the Irish Embassy in London.
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On 14 June 2017, the Taoiseach [[Leo Varadkar]] announced his government's intention to bring forward legislation to facilitate the holding of a referendum on abortion in 2018.<ref>{{cite web|url=https://inews.co.uk/essentials/news/world/irelands-new-leader-announces-abortion-referendum-despite-popes-visit/|title=Ireland's new leader announces abortion referendum despite Pope visit|date=15 June 2017|publisher=|accessdate=4 July 2017}}</ref>
On 14 June 2017, the Taoiseach [[Leo Varadkar]] announced his government's intention to bring forward legislation to facilitate the holding of a referendum on abortion in 2018.<ref>{{cite web|url=https://inews.co.uk/essentials/news/world/irelands-new-leader-announces-abortion-referendum-despite-popes-visit/|title=Ireland's new leader announces abortion referendum despite Pope visit|date=15 June 2017|publisher=|accessdate=4 July 2017}}</ref>


In September 2017 the [http://www.oireachtas.ie/parliament/oireachtasbusiness/committees_list/eighthamendmentoftheconstitution/ Oireachtas Committee on the 8th Amendment] began its work considering how to give effect to this recommendation. It report in December 2017, and the report was debated in both Houses of the Oireachtas in January 2018. [[Minister for Health (Ireland)|Minister for Health]] [[Simon Harris]] opened the Dáil debate in support of the recommendations of the Committee by listing the numbers who travelled from each county in 2016 for an abortion.<ref>{{Cite web |first=Simon |last=Harris |url=http://health.gov.ie/blog/speeches/speech-by-mr-simon-harris-td-minister-for-health-report-of-the-joint-committee-on-the-eighth-amendment-of-the-constitution-dail-eireann/ |publisher=Department of Health |title=Speech by Mr Simon Harris TD, Minister for Health – Report of the Joint Committee on the Eighth Amendment of the Constitution – Dáil Éireann |date=17 January 2018 |access-date=20 January 2018 |quote=In 2016, 3,265 Irish women travelled to the UK alone and we know that Irish women travel to other countries like the Netherlands too.}}</ref> [[Fianna Fáil]] leader [[Micheál Martin]] declared that he had changed his view on the issue and gave his support for Repeal of the Eighth Amendment and for the Committee's recommendations.<ref>{{Cite web |first=Shona |last=Murray |url=https://www.independent.ie/irish-news/politics/fianna-fil-leader-michel-martin-backs-repeal-of-the-eighth-amendment-36504489.html |publisher=[[Irish Independent]] |title=Fianna Fáil leader Micheál Martin backs repeal of the Eighth Amendment |date=18 January 2018 |access-date=20 January 2018 |quote=Following a long period of reflection and assessment of evidence before the Oireachtas Committee, I believe that we should remove the Eighth Amendment from Bunreacht na hÉireann and I will vote accordingly}}</ref>
== Procedure ==

==Oireachtas Debate==
{{Expand section|date=January 2018}}
{{Expand section|date=January 2018}}


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{{Reflist}}
{{Reflist}}


{{Amendments of the Constitution of Ireland}}
{{Abortion in the Republic of Ireland}}
{{Abortion in the Republic of Ireland}}


Revision as of 16:40, 20 January 2018

The Government of Ireland has proposed holding a constitutional referendum on abortion in 2018. Article 40.3.3° currently protects the right to life of the unborn, creating a constitutional bar on abortion unless the life of the pregnant woman is directly at risk. Taoiseach Leo Varadkar has said he is committed to the referendum taking place in May or June 2018.[1] The referendum will ask voters whether the Eighth Amendment of the Constitution of Ireland should be repealed.

Proposed change to the text

The Government is still considering whether to remove the current provision entirely or to replace it with text asserting the right of the Oireachtas to legislate on abortion.[2] [3]

Background

The Eighth Amendment was approved by referendum in 1983. This amendment gave constitutional protection to the life of the unborn. Since the passage of the Protection of Life During Pregnancy Act 2013, there has been a significant increase in calls to repeal the Eighth Amendment to allow legislation on increased access to abortion.

In the run up to the 2016 Irish general election, a number of parties committed to a referendum to repeal the Eighth Amendment (Labour,[4] Green Party,[5], Social Democrats [6], Sinn Féin[7] and Workers' Party[8]) and a group of feminist law academics published model legislation to show what a post-Eighth Amendment abortion law could look like.[9]

On 27 July 2016, the new government headed by Taoiseach Enda Kenny appointed Supreme Court judge Mary Laffoy as chair of a Citizens' Assembly to consider a number of topics, including the Eighth Amendment.[10] The Assembly recommended a referendum to remove and replace the 8th Amendment.

The 5th Annual March for Choice, organised by the Abortion Rights Campaign, took place in Dublin on Saturday 24 September 2016 marking the Global Day of Action for Access to Safe and Legal Abortion. The theme of the rally was ‘Rise and Repeal’. The attendance was estimated to be around 20,000.[11]

For the 2017 International Women's Day, a protest called Strike 4 Repeal was held in Dublin and around Ireland. A protest also happened outside the Irish Embassy in London.

On 14 June 2017, the Taoiseach Leo Varadkar announced his government's intention to bring forward legislation to facilitate the holding of a referendum on abortion in 2018.[12]

In September 2017 the Oireachtas Committee on the 8th Amendment began its work considering how to give effect to this recommendation. It report in December 2017, and the report was debated in both Houses of the Oireachtas in January 2018. Minister for Health Simon Harris opened the Dáil debate in support of the recommendations of the Committee by listing the numbers who travelled from each county in 2016 for an abortion.[13] Fianna Fáil leader Micheál Martin declared that he had changed his view on the issue and gave his support for Repeal of the Eighth Amendment and for the Committee's recommendations.[14]

Oireachtas Debate

Opinion polling

References

  1. ^ Coyne, Ellen (17 January 2018). "Advice of law chief sought on referendum". The Times. Retrieved 18 January 2018. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help)
  2. ^ Bray, Jennifer; Coyne, Ellen (16 January 2018). "Varadkar: Abortion vote is not on 12-week access". The Times. Retrieved 18 January 2018. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help)
  3. ^ "Attorney General to advise Government on 'risks' of not replacing Eighth Amendment". Irish Legal News. 17 January 2018. Retrieved 18 January 2018. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help)
  4. ^ "Reproductive Healthcare". Labour Party. Retrieved 5 August 2016. Our plan for the next five years: Hold a referendum to remove Article 40.3.3 (the 8th Amendment) from the Constitution
  5. ^ "Reproductive Rights". Green Party. Retrieved 5 August 2016. The Green Party supports the holding of a referendum to allow the people of Ireland determine whether or not the 8th Amendment should be repealed.
  6. ^ http://astaines.eu/wp-content/uploads/2016/02/Social-Democrats-2016-Building-a-Better-Future-2016-2026-Social-Democr.pdf
  7. ^ "Sinn Féin support the Amnesty Ireland Repeal the 8th Campaign- Lynn Boylan MEP". Sinn Féin. Retrieved 5 August 2016. Sinn Féin MEP Lynn Boylan joined Amnesty Ireland campaigners and her Sinn Féin colleagues outside Leinster House today calling for a referendum to repeal the 8th amendment.
  8. ^ web|url=http://workersparty.ie/wpmanifesto/%7Cpublisher=Workers' Party
  9. ^ Enright, Mairead; Conway, Vicky; Londras, Fiona de; Donnelly, Mary; Fletcher, Ruth; McDonnell, Natalie; McGuinness, Sheelagh; Murray, Claire; Ring, Sinead (2015-06-28). "General Scheme of Access to Abortion Bill 2015". feminists@law. 5 (1). ISSN 2046-9551.
  10. ^ "Government appoints Chairperson to Citizens' Assembly". MerrionStreet.ie. 27 July 2016. Retrieved 5 August 2016.
  11. ^ "Thousands taking part in pro-choice rally in Dublin". The Irish Times. Retrieved 2016-11-16.
  12. ^ "Ireland's new leader announces abortion referendum despite Pope visit". 15 June 2017. Retrieved 4 July 2017.
  13. ^ Harris, Simon (17 January 2018). "Speech by Mr Simon Harris TD, Minister for Health – Report of the Joint Committee on the Eighth Amendment of the Constitution – Dáil Éireann". Department of Health. Retrieved 20 January 2018. In 2016, 3,265 Irish women travelled to the UK alone and we know that Irish women travel to other countries like the Netherlands too.
  14. ^ Murray, Shona (18 January 2018). "Fianna Fáil leader Micheál Martin backs repeal of the Eighth Amendment". Irish Independent. Retrieved 20 January 2018. Following a long period of reflection and assessment of evidence before the Oireachtas Committee, I believe that we should remove the Eighth Amendment from Bunreacht na hÉireann and I will vote accordingly
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