Jump to content

Thirty-sixth Amendment of the Constitution of Ireland: Difference between revisions

From Wikipedia, the free encyclopedia
Browse history interactively
← Previous editNext edit →
Content deleted Content added
VisualWikitext
→Oireachtas debate: Passed in Seanad
Line 18: Line 18:
In September 2017 the Oireachtas Committee on the 8th Amendment began work considering how to give effect to this recommendation. It reported 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>
In September 2017 the Oireachtas Committee on the 8th Amendment began work considering how to give effect to this recommendation. It reported 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>


==Proposed legislation==
==Proposed subsequent legislation==
The [[Department of Health (Ireland)|Department of Health]] published a Policy Paper on Regulation of Termination of Pregnancy on 9 March 2018.<ref name="DoHPP">{{cite web|url=http://health.gov.ie/blog/publications/policy-paper-on-regulation-of-termination-of-pregnancy/|title=Policy Paper on Regulation of Termination of Pregnancy|publisher=[[Department of Health (Ireland)|Department of Health]]|date=9 March 2018|access-date=9 March 2018}}</ref> This provides an outline of the policies for legislation which would repeal and replace the [[Protection of Life During Pregnancy Act 2013]] if the Amendment of Constitution Bill is passed in a referendum. Under this scheme, abortion would be permissible in circumstances where:
The [[Department of Health (Ireland)|Department of Health]] published a [[policy paper]] on "Regulation of Termination of Pregnancy" on 9 March 2018.<ref name="DoHPP">{{cite web|url=http://health.gov.ie/blog/publications/policy-paper-on-regulation-of-termination-of-pregnancy/|title=Policy Paper on Regulation of Termination of Pregnancy|publisher=|date=9 March 2018|access-date=9 March 2018}}</ref> This provides an outline of the policies for legislation which would repeal and replace the [[Protection of Life During Pregnancy Act 2013]] if the Amendment of Constitution Bill is passed in a referendum. Under this scheme, abortion would be permissible in circumstances where:
* there is a risk to the health of a woman, on assessment by two doctors, without a distinction between physical and mental health;
* there is a risk to the health of a woman, on assessment by two doctors, without a distinction between physical and mental health;
* there is a medical emergency, on assessment by one doctor;
* there is a medical emergency, on assessment by one doctor;
Line 28: Line 28:
* medical practitioners would have a right of conscientious objection;
* medical practitioners would have a right of conscientious objection;
* the termination of pregnancy in circumstances other than those under the proposal would be a criminal offence, but that a woman who procures or seeks to procure a termination of pregnancy for herself would not be guilty of an offence.
* the termination of pregnancy in circumstances other than those under the proposal would be a criminal offence, but that a woman who procures or seeks to procure a termination of pregnancy for herself would not be guilty of an offence.

On 27 March 2018, the cabinet agreed the general scheme of the proposed "Bill to Regulate Termination of Pregnancy", which health minister [[Simon Harris]] summarised that evening in the Seanad.<ref name="seanadstage2"/><ref>{{cite news|url=https://www.irishtimes.com/news/politics/oireachtas/six-things-to-know-about-the-abortion-bill-1.3442528|title=Six things to know about the abortion Bill|date=27 March 2018|work=[[The Irish Times]]|accessdate=28 March 2018}}</ref> It was published online the following day.<ref>{{cite web|url=http://health.gov.ie/wp-content/uploads/2018/03/General-Scheme-for-Publication.pdf |format=PDF|title=General Scheme of a Bill to Regulate Termination of Pregnancy|date=27 March 2018|publisher=[[Department of Health (Ireland)|Department of Health]]|accessdate=28 March 2018|location=Dublin}}</ref>


==Proposed change to the text==
==Proposed change to the text==

Revision as of 20:29, 28 March 2018

The Thirty-sixth Amendment of the Constitution Bill 2018 (bill no. 29 of 2018) is a proposed amendment to the constitution of Ireland which, if enacted, would remove the constitutional declaration of equal value for the life of prospective mothers and the unborn, and thus allow for the legislation of abortion. It is being proposed by the current Varadkar government.

An amendment to the constitution must pass both Houses of the Oireachtas and be approved by Irish citizens voting in a referendum. The government intends to hold this referendum on 25 May 2018.[1]

Background

Abortion has been subject to specific criminal liability in Ireland since the Offences Against the Person Act 1861, an act of the Parliament of the United Kingdom which continued to have effect after Irish independence in 1922. The Eighth Amendment in 1983 added specific protection for the life of the unborn to the Constitution of Ireland. In 2013, the provisions of the 1861 Act were repealed and superseded by the Protection of Life During Pregnancy Act 2013, under which the termination of pregnancy remained an offence except where performed in circumstances where the life of the pregnant woman was at risk, including from a risk of suicide.

The Campaign to Repeal the Eighth Amendment has its roots in the Anti-Amendment Campaign in the 1983 referendum campaign, and in abortion rights groups which have been active since then, particularly at the referendums held in 1992 and in 2002. Since the passage of the 2013 Act, 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,[2] Green Party,[3] Social Democrats,[4] Sinn Féin[5] and Workers' Party[6]) and a group of feminist law academics published model legislation to show what a post-Eighth Amendment abortion law could look like.[7]

On 27 July 2016, the new government led 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.[8] The Assembly recommended a referendum to remove and replace the Eighth Amendment.[9]

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.[10]

On 14 June 2017, on his first day as Taoiseach, Leo Varadkar announced the government's intention to introduce legislation to facilitate the holding of a referendum on abortion in 2018.[11]

In September 2017 the Oireachtas Committee on the 8th Amendment began work considering how to give effect to this recommendation. It reported 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.[12] 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.[13]

Proposed subsequent legislation

The Department of Health published a policy paper on "Regulation of Termination of Pregnancy" on 9 March 2018.[14] This provides an outline of the policies for legislation which would repeal and replace the Protection of Life During Pregnancy Act 2013 if the Amendment of Constitution Bill is passed in a referendum. Under this scheme, abortion would be permissible in circumstances where:

  • there is a risk to the health of a woman, on assessment by two doctors, without a distinction between physical and mental health;
  • there is a medical emergency, on assessment by one doctor;
  • there is a fetal condition which is likely to lead to death before or shortly after birth, on the assessment of two doctors;
  • up to 12 weeks of pregnancy without specific indication, with a time period after an initial assessment by a medical practitioner and the termination procedure.

The Policy Paper also proposes that:

  • medical practitioners would have a right of conscientious objection;
  • the termination of pregnancy in circumstances other than those under the proposal would be a criminal offence, but that a woman who procures or seeks to procure a termination of pregnancy for herself would not be guilty of an offence.

On 27 March 2018, the cabinet agreed the general scheme of the proposed "Bill to Regulate Termination of Pregnancy", which health minister Simon Harris summarised that evening in the Seanad.[15][16] It was published online the following day.[17]

Proposed change to the text

The Amendment proposes to replace the current text of Article 40.3.3º.[18] This provision currently reads as follows:

The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.

This subsection shall not limit freedom to travel between the State and another state.

This subsection shall not limit freedom to obtain or make available, in the State, subject to such conditions as may be laid down by law, information relating to services lawfully available in another state.

Note: The first clause was added by Eighth Amendment approved by referendum in 1983. The second and third clauses were approved by referendum in 1992 by the Thirteenth Amendment and the Fourteenth Amendment respectively.

If the amendment is passed, the subsection would be replaced with the following text:

Provision may be made by law for the regulation of termination of pregnancy.

Oireachtas debate

The Thirty-sixth Amendment of the Constitution Bill was introduced by Minister for Health Simon Harris. The debate on the Second Stage began on 9 March 2018.[19] The Bill passed all stages in the Dáil on 21 March.[20][21] The main vote on the bill was at second stage, with 110 in favour and 32 against.[22] Of the 16 who did not vote at second stage, five voted in favour in subsequent votes. At committee stage, there were votes on Section 2 of the bill (98–18) and the short title (96–20);[23] there was also a vote on the final stage (97–25).[24] Fianna Fáil TDs had a free vote although Micheál Martin was reported to be upset at how many voted against the bill.[25] Fine Gael also gave a free vote, including for ministers.[26]

TDs voting on the Thirty-sixth Amendment of the Constitution Bill 2018[22][23][24][27]
Party / group For Against None Notes
Fine Gael 42[d 1] 2 6 Seán Barrett and Peter Fitzpatrick voted against.[22]
Fianna Fáil 22[d 2] 21 1 Billy Kelleher did not vote
Sinn Féin 21[d 3] 1 1 Carol Nolan voted against and lost the party whip for three months.[28] Peadar Tóibín did not vote; Gerry Adams voted in his seat by mistake on second stage.[22]
Labour Party 7 0 0
Solidarity–People Before Profit 6 0 0
Independents 4 Change[d 4] 7 0 0
Social Democrats–Green Party[d 5] 5 0 0
Rural Independents Group[d 6] 1 6 0 Michael Harty voted in favour.
Unaligned independents 4 2 2
Total 115 32 11[d 7]
Notes
  1. ^ Forty-one on second stage, plus Simon Coveney on final stage
  2. ^ Twenty on second stage, plus Seán Fleming and Charlie McConalogue on later stages
  3. ^ Nineteen on second stage, plus Dessie Ellis and Kathleen Funchion on later stages
  4. ^ A technical group of the four Independents 4 Change party members plus three independents
  5. ^ A technical group of two parties
  6. ^ A technical group of independents
  7. ^ Excluding Seán Ó Fearghaíl, who as Ceann Comhairle does not vote.

In the 25th Seanad, the second stage was held on 27 March, with a 35–10 vote in favour.[15] Remaining stages were the following day, with the bill passed 40–10.[29] Eight of the thirteen Fianna Fáil senators voted against, as did John O'Mahony of Fine Gael and independent Rónán Mullen.[15]

Campaign

On 9 March 2018, Minister for Housing, Planning and Local Government Eoghan Murphy established the statutory Referendum Commission to oversee the referendum campaign, with High Court judge Isobel Kennedy as Chair.[30]

Yes Vote

No Vote

Neutral

Major Parties yet to adopt official position

• Sinn Féin[38]

Opinion polling

2017–18

Date(s)
conducted 		Polling organisation/client Sample size Repeal Retain Undecided Lead
25 Mar 2018 Sunday Business Post/Red C — 56% 26% 16% 30%
3 Mar 2018 Behaviour & Attitudes/The Sunday Times — 49% 27% 20% 22%
17–18 Feb 2018 Kantar Millward Brown/Sunday Independent — 50% 31% 18% 19%
28 Jan 2018 Sunday Business Post/Red C — 60% 20% 18% 40%
5 Jan 2018 Ipsos MRBI/Irish Times — 56% 29% 15% 27%
4–5 Dec 2017 Ipsos MRBI/Irish Times 1,200 62% 26% 13% 36%

References

  1. ^ Clarke, Vivienne (9 March 2018). "Government can meet timeline to hold abortion referendum - Donohoe". The Irish Times. Retrieved 9 March 2018. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help)
  2. ^ "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
  3. ^ "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.
  4. ^ http://astaines.eu/wp-content/uploads/2016/02/Social-Democrats-2016-Building-a-Better-Future-2016-2026-Social-Democr.pdf
  5. ^ "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.
  6. ^ "Workers' Party Manifesto". Workers' Party.
  7. ^ 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.
  8. ^ "Government appoints Chairperson to Citizens' Assembly". MerrionStreet.ie. 27 July 2016. Retrieved 5 August 2016.
  9. ^ "Final Report on the Eighth Amendment of the Constitution". Citizens' Assembly. 29 June 2017. Retrieved 21 January 2018.
  10. ^ "Thousands taking part in pro-choice rally in Dublin". The Irish Times. Retrieved 2016-11-16.
  11. ^ "Ireland's new leader announces abortion referendum despite Pope visit". 15 June 2017. Retrieved 4 July 2017.
  12. ^ 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.
  13. ^ 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
  14. ^ "Policy Paper on Regulation of Termination of Pregnancy". 9 March 2018. Retrieved 9 March 2018.
  15. ^ a b c "Thirty-sixth Amendment of the Constitution Bill 2018: Second Stage". Seanad debates. KildareStreet.com. 27 March 2018. Retrieved 28 March 2018.
  16. ^ "Six things to know about the abortion Bill". The Irish Times. 27 March 2018. Retrieved 28 March 2018.
  17. ^ "General Scheme of a Bill to Regulate Termination of Pregnancy" (PDF). Dublin: Department of Health. 27 March 2018. Retrieved 28 March 2018.
  18. ^ "Thirty-sixth Amendment of the Constitution Bill 2018". Houses of the Oireachtas. Retrieved 9 March 2018.
  19. ^ "Thirty-sixth Amendment of the Constitution Bill 2018: Second Stage". Dáil Debates. Ireland: Dáil Éireann. 9 March 2018.
  20. ^ "Thirty-sixth Amendment of the Constitution Bill 2018: Committee and Remaining Stages (Continued)". Dáil Debates. Ireland: Dáil Éireann. 21 March 2018.
  21. ^ Bardon, Sarah; O'Halloran, Marie; O'Regan, Michael (21 March 2018). "Abortion referendum to go ahead following Dáil vote". The Irish Times. Retrieved 22 March 2018. {{cite news}}: Italic or bold markup not allowed in: |publisher= (help)
  22. ^ a b c d "Thirty-sixth Amendment of the Constitution Bill 2018: Second Stage (Resumed)". Dáil debates. KildareStreet.ie. 21 March 2018. Retrieved 23 March 2018.
  23. ^ a b "Thirty-sixth Amendment of the Constitution Bill 2018: Committee and Remaining Stages". Dáil debates. KildareStreet.ie. 21 March 2018. Retrieved 23 March 2018.
  24. ^ a b "Thirty-sixth Amendment of the Constitution Bill 2018: Fifth Stage". Dáil debates. KildareStreet.ie. 21 March 2018. Retrieved 23 March 2018.
  25. ^ Loughlin, Elaine; McEnroe, Juno (23 March 2018). "Micheál Martin 'furious' after 'five or six' TDs lead Fianna Fáil rejection of 8th Amendment vote". Irish Examiner. Retrieved 23 March 2018.
  26. ^ Ó Cionnaith, Fiachra (15 January 2018). "Ministers to have freedom on Eighth Amendment vote". Irish Examiner. Retrieved 23 March 2018.
  27. ^ "Latest: Abortion Referendum Bill passes all stages in the Dáil". Irish Examiner. 21 March 2018. Retrieved 23 March 2018.
  28. ^ McQuinn, Cormac (21 March 2018). "Sinn Féin TD suspended after defying party line on abortion - Independent.ie". Irish Independent. Retrieved 23 March 2018.
  29. ^ Finn, Christina (28 March 2018). "Referendum on repealing the Eighth Amendment to be held on Friday 25 May". TheJournal.ie. Retrieved 28 March 2018.
  30. ^ "Minister Murphy announces establishment of Referendum Commission". Department of Housing, Planning and Local Government. 9 March 2018. Retrieved 10 March 2018.
  31. ^ https://www.independent.co.uk/news/world/europe/ireland-abortion-latest-updates-when-date-what-question-irish-voter-binding-catholic-church-leo-a8185511.html
  32. ^ a b c d {{https://www.irishtimes.com/news/politics/majority-fine-gael-view-on-abortion-referendum-expected-1.3355364?mode=sample&auth-failed=1&pw-origin=https%3A%2F%2Fwww.irishtimes.com%2Fnews%2Fpolitics%2Fmajority-fine-gael-view-on-abortion-referendum-expected-1.3355364}}
  33. ^ https://www.facebook.com/AnPairtiNaisiunta/photos/a.214591842328127.1073741828.199999773787334/453654595088516/?type=3
  34. ^ https://www.facebook.com/YouthDefence/posts/10156273498972363
  35. ^ https://www.facebook.com/renuairl/posts/1281920715242736
  36. ^ https://www.facebook.com/renuairl/photos/a.620456441389170.1073741829.614189535349194/1272525352848939/?type=3&theater
  37. ^ https://www.irishtimes.com/news/politics/us-anti-abortion-groups-urge-taoiseach-to-retain-eighth-amendment-1.3428295
  38. ^ "SF unlikely to update abortion stance before referendum". The Irish Times. Retrieved 2018-03-25.
Official
News
Retrieved from "https://en.wikipedia.org/w/index.php?title=Thirty-sixth_Amendment_of_the_Constitution_of_Ireland&oldid=832944398"