Thirty-sixth Amendment of the Constitution of Ireland
|Thirty-sixth Amendment of the Constitution of Ireland|
|To permit the Oireachtas to legislate for the regulation of termination of pregnancy|
Referendum: 25 May 2018|
In force: 18 September 2018
The Thirty-sixth Amendment of the Constitution of Ireland (previously bill no. 29 of 2018) is an amendment to the constitution of Ireland which permits the Oireachtas (parliament of Ireland) to legislate for abortion. The constitution had previously prohibited abortion unless there was a serious risk to the life of the mother.
The proposal is often described as the Repeal of the Eighth Amendment, referring to the 1983 constitutional amendment which guarantees the unborn the right to life, making abortion illegal unless the pregnancy is life-threatening. The 2018 bill replaces Article 40.3.3° of the Constitution, which was added in 1983 and amended in 1992.
The bill was introduced to the Oireachtas on 9 March 2018 by the Fine Gael minority coalition government, and completed its passage through both houses on 27 March 2018. It was put to a referendum on 25 May 2018 and approved by 66.4% of voters. It took effect once signed into law by the President on 18 September 2018.
- 1 Background
- 2 Proposed change to the text
- 3 Proposed subsequent legislation
- 4 Oireachtas debate
- 5 Campaign
- 6 Opinion and exit polling
- 7 Result
- 8 Reactions to the result
- 9 Challenge to referendum result
- 10 Implementing legislation
- 11 Footnotes
- 12 References
- 13 External links
The British Offences Against the Person Act 1861, which made "unlawful procurement of a miscarriage" a crime, remained in force after Irish independence in 1922. The 1983 Eighth Amendment of the Constitution, which declares "the right to life of the unborn ... equal [to the] right to life of the mother", was instigated by the Pro-Life Amendment Campaign for fear that the 1861 prohibition might be weakened by liberal legislators or activist judges. The 1992 "X case" (Attorney General v. X) ruled that abortion is permitted where pregnancy threatens a woman's life, including by risk of suicide. No regulatory framework within the limited scope of the X case judgment was passed until the Protection of Life During Pregnancy Act 2013, impelled by the 2010 A, B and C v Ireland case in the European Court of Human Rights and the 2012 death of Savita Halappanavar after miscarriage. The 2013 act repealed the 1861 act and makes "destruction of unborn human life" a crime. In the three years 2014–2016 a total of 77 legal abortions were performed under the 2013 act.
Illegal surgical abortions in Ireland have been practically unknown since the UK's Abortion Act 1967 allowed Irish women to travel to Great Britain for a legal abortion. The 13th and 14th amendments to the constitution, passed in 1992 after the X case, guarantee the right to information about foreign abortions and to travel abroad for an abortion. The number of women at UK abortion clinics giving Irish addresses peaked at 6,673 in 2001 and was 3,265 in 2016. The decline is partly due to unregulated use of abortion pills illegally delivered from online pharmacies.
While left-wing parties and feminists opposed the 1983 amendment and have advocated its repeal, this was not supported by the two largest parties for most of the interim, Fianna Fáil and Fine Gael. In the 2010s while both parties' leadership opposed broad liberalisation, some accepted the argument for abortion in cases like fatal foetal abnormalities and pregnancy resulting from rape or incest, which are not permitted by the 1983 amendment. These became the focus of campaigning after the 2013 act. The Abortion Rights Campaign, a pro-choice alliance formed in 2012, holds an annual "March for Choice" in Dublin. Pro-life groups have countered with a "Rally for Life". In the run up to the 2016 general election, a number of parties committed to a referendum to repeal the Eighth Amendment (Labour, Green Party, Social Democrats, Sinn Féin, and Workers' Party) and a group of feminist law academics published model legislation to show what a post-Eighth Amendment abortion law could look like.
A Fine Gael-led government under Taoiseach Enda Kenny took office after the 2016 election with a programme which promised a randomly selected Citizens' Assembly to report on possible changes to the Eighth Amendment, which would be considered by an Oireachtas committee, to whose report the government would respond officially in debates in both houses of the Oireachtas. Leo Varadkar replaced Enda Kenny as Taoiseach on 14 June 2017 and promised to hold a referendum on abortion in 2018. The Citizens' Assembly, chaired by Supreme Court judge Mary Laffoy, discussed the issue from November 2016 to April 2017 with invited experts and stakeholders, and voted to recommend repealing the existing text and replacing it with an explicit mandate for the Oireachtas to legislate on abortion. It also made recommendations for the consequent legislation, which were more liberal than media commentators had expected. The assembly's report was considered from September to December 2017 by a special Oireachtas committee of 21 members, which also discussed the issue with invited experts; its recommendations by majority vote were broadly similar to those of the assembly. However, it said that because of difficulties legislating for rape and incest, abortion should be legal up to 12 weeks' gestation without restriction; on the other hand, it did not favour socio-economic grounds for abortion after 12 weeks. In January 2018, Minister for Health Simon Harris opened the Dáil debate on the committee's report by listing the numbers from each county who travelled to Great Britain for an abortion in 2016. 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.
Further action was called into question by a July 2016 High Court ruling that a foetus was a child within the meaning of Article 42A of the Constitution, which guarantees children's rights. The Supreme Court agreed to expedite the government's appeal of the decision, and on 7 March 2018 overturned the High Court judgment, ruling that a foetus was not a child and had no rights other than the right to life mentioned in Article 40.3.3.
Proposed change to the text
The Amendment proposes to replace the text of Article 40.3.3º, which reads:
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 the Eighth Amendment approved by referendum in 1983. The second and third clauses were added by the Thirteenth Amendment and the Fourteenth Amendment respectively approved by referendum in 1992.
As the amendment passed, the subsection will be replaced with the following text:
Provision may be made by law for the regulation of termination of pregnancy.
Proposed subsequent legislation
The Department of Health published a policy paper on "Regulation of Termination of Pregnancy" on 9 March 2018. This provided 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 was 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 foetal 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 proposed 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 26 March 2018, Tánaiste Simon Coveney announced he would support legislation on the lines of the policy paper, but suggested that this should be entrenched by requiring a two-thirds supermajority in the Dáil for any later amendment. This was aimed at voters prepared to accept the policy-paper regulations but wary of subsequent liberalisation. Coveney's proposal was dismissed as unconstitutional. On 27 March 2018, the cabinet agreed the general scheme of the proposed "Regulation of Termination of Pregnancy Bill 2018", which health minister Simon Harris summarised that evening in the Seanad. The scheme was published online the following day.
Even after the referendum had passed, "Abortion [would] remain illegal in almost all circumstances until the Oireachtas passes legislation providing otherwise". Health Minister Simon Harris, speaking a few days before the referendum, said the Government hoped to introduce the bill in the Dail in the autumn and to have passed it by the end of 2018.
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. The Bill passed all stages in the Dáil on 21 March. The main vote on the bill was at second stage, with 110 in favour and 32 against. 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); there was also a vote on the final stage (97–25). Fianna Fáil TDs had a free vote although Micheál Martin was reported to be upset at how many voted against the bill. Fine Gael also gave a free vote, including for ministers.
|Party / group||For||Against||Absent||Notes|
|Fine Gael||42[v 1]||2||6||Seán Barrett and Peter Fitzpatrick voted against.|
|Fianna Fáil||22[v 2]||21||1||Billy Kelleher did not vote|
|Sinn Féin||21[v 3]||1||1||Carol Nolan voted against, losing the party whip for three months. She later resigned from the party. Peadar Tóibín did not vote; Gerry Adams voted in Tóibín's seat by mistake on second stage.|
|Solidarity–People Before Profit||6||0||0|
|Independents 4 Change Group[v 4]||7||0||0|
|Social Democrats–Green Party[v 5]||5||0||0|
|Rural Independents Group[v 6]||1||6||0||Michael Harty voted in favour.|
In the Seanad, the second stage was held on 27 March, with a 35–10 vote in favour. Remaining stages were the following day, with the bill passed 39–8 at committee stage and 40–10 at final stage. Eight of the thirteen Fianna Fáil senators voted against, as did two of nineteen from Fine Gael, and independent Rónán Mullen.[v 8]
- Forty-one on second stage, plus Simon Coveney on final stage
- Twenty on second stage, plus Seán Fleming and Charlie McConalogue on later stages
- Nineteen on second stage, plus Dessie Ellis and Kathleen Funchion on later stages
- A technical group of the four Independents 4 Change party members plus three independents
- A technical group of two parties
- A technical group of independents
- Excluding Seán Ó Fearghaíl, who as Ceann Comhairle votes only in the case of a tie.
- Jennifer Murnane O'Connor (FF) voted no on second stage; Paul Coghlan (FG) voted no on final stage; nine other senators voted no both times.
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.
Both Fine Gael and Fianna Fáil had allowed their TDs a free vote on the issue in the Dáil. However, although Fine Gael "cannot adopt an official party position because members have been afforded a freedom of conscience vote on issues to do with the referendum", on 21 April Taoiseach and Fine Gael leader Leo Varadkar launched a Fine Gael 'Vote Yes' campaign for Yes-supporting party members, along with party colleagues, including Minister for Health Simon Harris and Fine Gael referendum coordinator, Josepha Madigan.
On 8 May 2018, due to controversy over the origin, number, content and targeting of adverts on social media, Facebook announced that it would block advertisements placed by foreign entities, most of whom are in the United States, and limit them to adverts placed by Irish organisations. On 9 May, Google announced that it was blocking all adverts on the referendum from its advertising platform and YouTube, citing concerns around the integrity of elections.
On 20 May, the parents of Savita Halappanavar called for a Yes vote, her father saying "I hope the people of Ireland will vote yes for abortion, for the ladies of Ireland and the people of Ireland. My daughter, she lost her life because of this abortion law, because of the diagnosis, and she could not have an abortion. She died." After the landslide Yes vote, Halappanavar's father thanked the people of Ireland.
On 23 May, CNN reported that American-based anti-abortion groups, such as "Let Them Live", have flown to Ireland in order to sway voters to vote No to the amendment. They entered into Ireland by lying to Irish border control about their reason for coming to Ireland, claiming they were only in Ireland to document the event and nothing more, therefore breaking Irish law by their activities—they did not obtain a "Volunteer Visa", required to do voluntary work.
Endorsing a Yes vote
- Political parties
- Communist Party of Ireland
- Green Party
- Labour Party
- Solidarity–People Before Profit
- Social Democrats
- Sinn Féin
- The Workers' Party
- Other organisations
- Together for Yes, an umbrella group bringing together many pro-repeal organisations, including the Irish Council for Civil Liberties, the Irish Family Planning Association, the Union of Students in Ireland, SIPTU, and Inclusion Ireland, the national association for people with an intellectual disability.
- The Institute of Obstetricians and Gynaecologists: The executive committee of the Institute of Obstetricians and Gynaecologists within the Royal College of Physicians of Ireland voted 18–0, with one abstention, in favour of repeal.
- The Irish Congress of Trade Unions and constituent members Unite, Mandate, the Communications Workers' Union, and SIPTU published a newspaper with many articles calling for a Yes vote on International Workers' Day.
- The Irish Times endorsed a Yes vote in an editorial, arguing "the Eighth Amendment has turned out to be more damaging than its critics in those febrile days dared imagine" and urging readers to "Repeal the Eighth".
Endorsing a No vote
- Political parties
- Other organisations
- The Pro Life Campaign, who campaigned under the slogan "Love Both".
- Save the 8th, a campaign supported by the Life Institute and Youth Defence, registered with the Standards in Public Office Commission in January 2018.
- Abortion Never, a campaign backed by the unregistered National Party.
- Cherish All the Children Equally, a group which describes itself as "progressive, republican and of the left", and includes Sinn Féin supporters disillusioned with the party's stance.
- The Irish Catholic Bishops' Conference said repealing the Eighth Amendment would be "a shocking step" and "a manifest injustice".
- The Presbyterian Church in Ireland.
- The Islamic Cultural Centre of Ireland.
- The Orange Order.
Neutral and other positions
- The Church of Ireland issued statements favouring giving the Oireachtas responsibility for abortion legislation, but opposing unrestricted abortion up to 12 weeks' gestation; it concluded, "We therefore ask Church members to think through the issues involved carefully and with prayer".
- Down Syndrome Ireland issued a statement that "it is up to each individual to make their own decision about which way to vote" and condemning the use of a baby with Down Syndrome in a poster by "Save the 8th".
- Fianna Fáil did not take a formal position on the referendum. However, 31 of the party's TDs and Senators posed for a photograph, showing their opposition to repealing the eighth. This means over half of the parliamentary party are supporting a No vote. Nonetheless the party's leader Micheál Martin supports 'Yes', and, along with Sinn Féin leader Mary Lou McDonald, was one of the two speakers for the 'Yes' side in the final televised debate before the vote.
- Fine Gael "cannot adopt an official party position because members have been afforded a freedom of conscience vote on issues to do with the referendum". However, Josepha Madigan, the Minister for Culture, Heritage and the Gaeltacht, co-ordinated a campaign for Yes-supporting party members, which was formally launched on 21 April 2018 by Leo Varadkar and Simon Harris. The campaign supported Together for Yes, rather than put up posters of its own.
- The Gaelic Athletic Association reiterated its policy of neutrality on political issues, in response to media reports of various players and managers publicly taking sides.
- The head imam of the Al-Mustafa Islamic Centre supported repeal of the eighth amendment and state funded abortions in "extraordinary circumstances" but rejected "calls for abortions to be freely available until the end of the first trimester".
Television debates during the referendum campaign
|Date||Programme||Channel||Moderator||Yes advocates||No advocates||Notes||Refs|
|27 April||The Late Late Show||RTÉ One||Ryan Tubridy||Peter Boylan (obstetrician); Mary Favier (GP, Together for Yes)||Wendy Grace (journalist); Caroline Simons (lawyer, Love Both)||The debate was the last segment of the chat show. Members of the audience also spoke.|||
|14 May||Claire Byrne Live||RTÉ One||Claire Byrne||Orla O'Connor (National Women's Council of Ireland), Peter Boylan (obstetrician), Mary Lou McDonald (Sinn Féin leader)||Maria Steen (lawyer, Save the Eighth); John Monaghan (obstetrician); Mary Butler (Fianna Fáil TD)||There was criticism of boisterous reactions from audience members during the debate.|||
|22 May||Prime Time||RTÉ One||Miriam O'Callaghan||Simon Harris (Fine Gael minister); [ Mary Higgins (obstetrician) withdrawn]||Peadar Tóibín (Sinn Féin TD); [ Cora Sherlock (Love Both) withdrew]||Sherlock was withdrawn against her will by Love Both, Save the 8th and Iona Institute, who wanted the better performing Maria Steen instead. RTÉ denied the request, and Higgins was withdrawn to equalise the number of speakers on both sides. Sinn Féin clarified that Tóibín's views differ from his party's. Audience members contributed to the debate.|||
|23 May||Pat Kenny Tonight||TV3||Pat Kenny||Regina Doherty (Fine Gael minister); Colm O'Gorman (Amnesty International Ireland)||Rónán Mullen (independent senator); Maria Steen (Iona Institute; Save The 8th)|||
|23 May||The Tonight Show||TV3||Matt Cooper and Ivan Yates||Mícheál Martin (Fianna Fáil leader);
Mary Lou McDonald (Sinn Féin leader)
|Declan Ganley (businessman); Theresa Lowe (lawyer, former broadcaster)|||
Opinion and exit polling
When voters were asked whether they voted for the amendment, exit polls showed the following results:
|Polling organisation/client||Sample size||Yes||No||Lead|
|25 May 2018||Behaviour & Attitudes/RTÉ (exit poll)||3,800||69.4%||30.6%||38.8%|
|25 May 2018||Ipsos MRBI/Irish Times (exit poll)||>4,500||68%||32%||36%|
When respondents were asked if they would support the amendment, opinion polls showed the following results:
|Polling organisation/client||Sample size||Yes||No||Undecided||Lead|
|10–16 May 2018||Red C/Sunday Business Post||1,015||56%||27%||17%||29%|
|14–15 May 2018||Ipsos MRBI/Irish Times||1,200||44%||32%||24%||12%|
|3–15 May 2018||Behaviour & Attitudes/The Sunday Times||935||52%||24%||19%||28%|
|18–30 Apr 2018||Millward Brown/Sunday Independent||1,003||45%||34%||18%[note 1]||11%|
|19–25 Apr 2018||Red C/Sunday Business Post||1,000||53%||26%||19%||27%|
|5–17 Apr 2018||Behaviour & Attitudes/The Sunday Times||928||47%||29%||21%||18%|
|16–17 Apr 2018||Ipsos MRBI/Irish Times[note 2]||1,200||47%||28%||20%||19%|
|15–22 Mar 2018||Red C/Sunday Business Post||1,000||56%||26%||18%||30%|
|6–13 Mar 2018||Behaviour & Attitudes/The Sunday Times||900||49%||27%||20%||22%|
|1–13 Feb 2018||Behaviour & Attitudes/The Sunday Times||926||49%||30%||21%||19%|
|18–25 Jan 2018||Red C/Sunday Business Post||1,003||60%||20%||20%||40%|
|25 Jan 2018||Ipsos MRBI/Irish Times||N/A||56%||29%||15%||27%|
|4–5 Dec 2017||Ipsos MRBI/Irish Times||1,200||62%||26%||13%||36%|
During the course of the referendum campaign some surveys asked if respondents supported the proposed legislation allowing termination for any reason for the first 12 weeks of pregnancy. The following results were recorded:
|Polling organisation/client||Sample size||Yes||No||Undecided||Lead|
|10–16 May 2018||Red C/Sunday Business Post||1,015||52%||34%||13%[note 3]||18%|
|3–15 May 2018||Behaviour & Attitudes/The Sunday Times||935||44%||34%||22%||10%|
|18–30 Apr 2018||Millward Brown/Sunday Independent||1,003||53%[note 4]||32%||15%||21%|
|19–25 Apr 2018||Red C/Sunday Business Post||1,000||47%||32%||21%||15%|
|4–18 Apr 2018||Ireland Thinks/Irish Daily Mail||1,026||46%||31%||16%||15%|
|5–17 Apr 2018||Behaviour & Attitudes/The Sunday Times||928||43%||36%||21%||7%|
|6–13 Mar 2018||Behaviour & Attitudes/The Sunday Times||900||43%||35%||22%||8%|
|1–13 Feb 2018||Behaviour & Attitudes/The Sunday Times||926||43%||35%||22%||8%|
|14–22 Dec 2017||Ireland Thinks/Irish Daily Mail||1,144||53%||27%||20%||26%|
Polls opened at 07:00 IST (UTC+1) and closed at 22:00 IST on 25 May 2018. Twelve offshore islands voted the day before, to allow for possible delays delivering ballot boxes to the count centres. Counting began at 09:00 on 26 May. All Irish citizens entered on the electoral register were eligible to vote. A total of 3,229,672 people were on the annual electoral register (as of 15 February 2018) and an additional 118,389 electors were added to the supplementary register by the closing date of 8 May 2018, an unusually high number of late registrations. Dáil constituencies were used to organise the voting, with the returning officer for each appointed by the city or county council, and results sent to the national returning officer in Dublin. Although a close result had been expected by observers, an exit poll conducted by The Irish Times predicted a 68% Yes result, while one conducted by RTÉ predicted a similar Yes result of 69.4%. The day after the vote, Save the 8th campaign defeat.
|Invalid or blank votes||6,042||0.28|
|Registered voters and turnout||3,367,556||64.13|
|Constituency||Electorate||Turnout (%)||Votes||Proportion of votes|
|Dublin Bay North||108,209||71.60%||57,754||19,573||74.69%||25.31%|
|Dublin Bay South||78,892||54.94%||33,919||9,928||78.49%||21.51%|
Analysis of results
The turnout of voters, at 2,159,655, was the highest thus far in any Irish constitutional referendum. This beat the previous record, which had been held by the 2015 marriage equality referendum, by 209,930 votes.
- Results by Region
All four regions voted Yes, ranging from 57.5% Yes for Connacht-Ulster to 75.5% for Dublin.
|Region||Turnout (%)||Votes||Proportion of votes|
|Leinster (excluding Dublin)||64.7%||399,487||200,276||66.6%||33.4%|
- By age
According to exit polls by The Irish Times and by RTÉ every age group voted Yes except those aged 65 and over, with the highest Yes vote being from the youngest age groups. The details were:
|Irish Times||RTÉ||Irish Times||RTÉ|
|18 to 24||87%||87.6%||13%||12.4%|
|25 to 34||83%||84.6%||17%||15.4%|
|35 to 49||74%||72.8%||26%||27.2%|
|50 to 64||63%||63.7%||37%||36.3%|
|65 and over||40%||41.3%||60%||58.7%|
- By gender
|Irish Times||RTÉ||Irish Times||RTÉ|
- By urban-rural
|Irish Times||RTÉ||Irish Times||RTÉ|
Reactions to the result
- Yes supporters
Taoiseach Leo Varadkar said: "I think what we've seen today really is the culmination of a quiet revolution that’s taken place in Ireland for the past 10 or 20 years. This has been a great exercise in democracy and the people have spoken. The people have said we want a modern constitution for a modern country, that we trust women and we respect them to make the right decision, the right choices about their own healthcare."
Tánaiste Simon Coveney said: "For me, the margin of victory is important but equally important is that there is no Dublin versus the rest or no urban/rural divide – in virtually every part of the country, people have voted in big numbers to allow the government and the Oireachtas to change Ireland for the better."
Orla O'Connor, director of the National Women's Council and co-director of Together for Yes thanked Yes voters, saying: "This is phenomenal. This was a grassroots, people campaign and I think what today will show is that this is a people's referendum. Presuming that these exit polls are correct, the public haven’t just spoken, this is a resounding roar from Irish people about the horrors of the Eighth and how women should no longer be treated as second class citizens in our society."
- No supporters
Cora Sherlock, of the LoveBoth campaign, said: "This is a very sad day for Ireland, that people have voted for abortion. We need to remember what they have won. All that is being offered is abortion. There has been no talking about why Irish woman travel, what options could have been put on the table."
Declan Ganley tweeted: "I've been thinking about conscientious objection. I will not pay for the killing of Ireland's unborn children, I cannot be a party to it. So there will need to be a way to exempt conscientious objectors taxes from paying for them in any way, shape or form."
Catholic Bishop Kevin Doran said: "While the Catholic Church is a family and nobody ever gets struck off what I'd say to a Catholic who voted Yes is this, if you voted Yes knowing and intending that abortion would be the outcome then you should consider coming to confession."
UK Prime Minister Theresa May contacted Taoiseach Leo Varadkar, and posted to Twitter, saying "The Irish Referendum yesterday was an impressive show of democracy which delivered a clear and unambiguous result. I congratulate the Irish people on their decision and all of #Together4Yes on their successful campaign." However, she later reiterated her position that abortion is considered a devolved matter in Northern Ireland, and accordingly that the UK government would not intervene. This followed a statement from Arlene Foster, leader of the Northern Ireland's anti-abortion DUP, whose votes are needed to give May's Conservative Government its Parliamentary majority, that the issue should be decided by the Northern Ireland Assembly.
But senior Conservatives, such as Commons Health Committee chairperson Sarah Wollaston and education minister Anne Milton, backed calls for a free vote on the issue, while Labour MP Stella Creasy said she would table an amendment on the matter to the Domestic Violence Bill and said that over 150 parliamentarians had expressed support for the change, and Labour's shadow Attorney General Shami Chakrabarti called the issue a test for May's feminism. May's spokesperson refused to say whether Conservative MPs would be given a free vote in such a "hypothetical" situation, but said that there had been free votes on the abortion issue in the past.
- Northern Ireland
The result re-opened the debate about the legality of abortion in Northern Ireland. In all constituent countries of the United Kingdom but Northern Ireland, abortion is legal in many circumstances under the Abortion Act 1967. Abortion in Northern Ireland has historically been considered a devolved matter to be decided by the Northern Ireland Assembly.
In Belfast a rally took place advocating for the liberalisation of abortion laws in Northern Ireland, where there were calls for the UK government to step in. UK intervention to liberalise abortion laws in Northern Ireland is opposed by the Democratic Unionist Party, the largest party in Northern Ireland and which currently supports the minority Conservative government in the UK.
- Speaking from his home in Karnataka, south-west India, Andanappa Yalagi, the father of Savita Halappanavar (who died from sepsis in 2012 after being refused an abortion in Galway), thanked the Irish people for their "historic vote".
- Canadian Prime Minister Justin Trudeau, who, when visiting Dublin in 2017, had urged Taoiseach Leo Varadkar to liberalise Ireland's abortion laws as a fundamental human rights issue, phoned to congratulate him, and also tweeted "What a moment for democracy and women’s rights. Tonight, I spoke with Taoiseach @campaignforLeo and his team and congratulated them on the Yes side’s referendum victory legalising abortion in Ireland."
- Varadkar also received messages from Xavier Bettel, Prime Minister of Luxembourg, and from Jüri Ratas, Prime Minister of Estonia.
- Finland's Foreign Minister Timo Soini, a Blue Reform MP and 'a self-described Roman Catholic', criticised the Irish abortion vote, writing that 'the world had become odd if it was necessary to find reasons to defend life'. Following a query by Green Party MP Ville Niinistö, Interior Minister Kai Mykkänen and Foreign Trade and Development Minister Anne-Mari Virolainen, both National Coalition Party MPs, insisted that Soini's position was not the official position of the Finnish Government, and that the right to abortion was a matter of human rights.
- Sweden's Foreign Minister Margot Wallström applauded the result of the referendum.
- France's President Emmanuel Macron tweeted that he welcomed the result.
Challenge to referendum result
The Provisional Referendum Certificate was signed by Barry Ryan, the Referendum Returning Officer, on 28 May 2018, and published in Iris Oifigiúil on 29 May. Challenges against the validity of the referendum must be brought within seven days of publication.
Three petitions challenging the result were made within the deadline, by Joanna Jordan, Charles Byrne, and Ciarán Tracey. These alleged variously that the Referendum Commission information booklet was biased and that the electoral register was unreliable, with unexplained deletion of older voters' details and failure to delete those of emigrants who were thus able to travel back to vote despite being ineligible. Jordan's unsuccessful petition against the children's rights amendment delayed its enactment from 2012 until 2015. Enactment of the 2015 marriage equality amendment was similarly delayed for three months.
The applications seeking leave to bring judicial review proceedings were heard in the High Court from 26 to 29 June. Tracey withdrew and leave was refused for another man, Diarmaid McConville, to take over his application. On 20 July Justice Peter Kelly ruled against the other two applicants, saying they had failed to provide prima facie evidence of anything likely to have changed the result of the vote, but left them a week to challenge this in the Court of Appeal. Costs were awarded against both applicants. Byrne did not appeal, while Jordan's appeal was heard on 17 August.
Separately, on 31 July the Court of Appeal rejected McConville's appeal against the refusal to allow him to take over Tracey's petition application, but gave him time to apply to the Supreme Court, which on 16 August denied him leave to appeal. On 27 August, the Court of Appeal dismissed Jordan's challenge, with Justice George Birmingham stating that "Jordan's assertions were so entirely devoid of substance that we can only conclude they were made with reckless and irresponsible abandon". Before the 31 August deadline, Jordan applied to the Supreme Court for leave to appeal; the court decided on 7 September to refuse to hear the appeal, thus allowing the amendment to be signed into law by President Higgins on 18 September 2018.
Even though the referendum has been carried, "Abortion will remain illegal in almost all circumstances until the Oireachtas passes legislation providing otherwise", which the Government originally hoped to introduce into the Dáil in the autumn, and to have passed by the end of 2018, according to Health Minister Simon Harris, speaking a few days before the referendum. However after the referendum there were calls for the process to be speeded up, and Harris said that the bill would be introduced before the summer recess and would be sent to the President for signature by the autumn. The Irish Times reported on 6 June that the Dáil second stage would begin on 11 July, possibly extending the Dáil term, and that remaining Oireachtas stages would be in September and October. The introduction of legislation was held up until after the processing of the petitions against the referendum result.
Media had speculated before the vote that a narrow Yes majority would encourage No-supporting legislators to obstruct or weaken the legislative provisions compared to the draft published in March. Conversely, media said afterwards that the large majority made such moves unlikely; in particular, Fianna Fáil opponents would not "stand in the way" of the "will of the people".
An updated general scheme of the Health (Regulation of Termination of Pregnancy) Bill 2018 was published by the Department of Health on 10 July. The final text was agreed by the cabinet at a meeting on 27 September and published the same day. Its second reading in the Dáil was introduced by minister Simon Harris on 4 October.
- 18% were undecided and 4% refused to answer.
- 62% agreed with the statement that the law needs to change to recognise a woman’s right to choose.
56% agreed that the 12 weeks proposal, while they had “reservations” about it, was a “reasonable compromise” and would be an “improvement on the current situation.”
41% agreed with the statement: “I agree the law needs to be changed but the proposal for abortion on request up to 12 weeks goes too far.”
40% said that abortion “is wrong and should not be made more widely available”
- 13% were undecided and 1% refused to answer.
- 53% consists of 42% 'About right' + 11% 'Not far enough', as against 32% 'Too far', with 15% 'Don't know'
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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.
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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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Taoiseach Leo Varadkar is to launch a campaign for Fine Gael members in favour of repealing the Eighth Amendment. Mr Varadkar and a number of senior Ministers will hold an event this weekend outlining why they believe people should vote “Yes” in the forthcoming referendum on the Amendment. ... The decision may cause some friction within the party, as there are many Fine Gael TDs and Senators who are opposed to repealing the Constitutional provision, which places the life of the unborn on an equal footing to the life of the mother. Fine Gael cannot adopt an official party position because members have been afforded a freedom of conscience vote on issues to do with the referendum.
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The Taoiseach was joined by some party colleagues to launch the Fine Gael 'Vote Yes' campaign today.
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Taoiseach Leo Varadkar was joined by ministers, TDs, senators, and councillors calling for a Yes vote in the referendum.
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According to one source familiar with the exchanges: “There was a consensus it should be somebody other than Cora. We felt there was a real danger of it not going well. As it turned out, it would hardly have mattered. But she took it very, very badly.” Another source said Sherlock was understandably disappointed at being taken off the show, but “there was a big surge of demand from across the pro-life organisations for Maria to go on; she was the unanimous choice because she’d done exceptionally well the week before on Claire Byrne Live”. ... She will continue as a member of the Pro Life Campaign, Love Both’s parent organisation, and insists “there is no longer-term damage” to her relationship with that group.
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Repeal the Eighth: Latest poll shows 47% for Yes and 32% for No ... Poll shows support for Repeal falls when 12 week limit is suggested ... A new poll published today shows that while 53% of people want the 8th amendment repealed, that falls to 47% when the government's proposal of terminations up to 12 weeks is included. ... The Red C poll, published today in the Sunday Business Post, shows that while 26% oppose repealing the 8th, this rises to 32% when the 12 week limit is introduced. ... Hugh O'Connell
Repeal Yes 53% (-3) No 26% (=) D/K 21% (+2)
12 weeks Yes 47% (-5) No 32% (-1) D/K 21% (+6)
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More than 4,500 voters were interviewed by Ipsos MRBI as they left polling stations on Friday. Sampling began at 7am and was conducted at 160 locations across every constituency throughout the day. The margin of error is estimated at +/- 1.5 per cent.
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1:45 p.m. French President Emmanuel Macron says that Ireland has made history with its abortion referendum in which voters chose to abolish a ban on terminations. Macron tweeted that “this vote will stand as an essential symbol for women’s freedom.”
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PART IV - Referendum Petitions - Section 42-(2) A referendum petition in relation to a provisional referendum certificate shall not be presented to the High Court unless that court, on application made to it in that behalf by or on behalf of the person proposing to present it not later than seven days after the publication in Iris Oifigiúil of the certificate, by order grants leave to the person to do so.
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Taoiseach Leo Varadkar said over the weekend that laws giving effect to Friday’s referendum could be enacted before the end of the year, but campaigners had called for a shorter timeline. The Together for Yes campaign has called on the government to pass legislation allowing for the terminations of pregnancies before the summer break.
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Simon Harris says Bill will be tabled before summer and sent to President by autumn
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|Wikimedia Commons has media related to May 25, 2018 Irish referendum.|
- Thirty-sixth Amendment of the Constitution Act 2018
- Thirty-sixth Amendment of the Constitution Bill 2018 — Oireachtas site with links to text of bill and debates
- Referendum Commission
- Referendum Returning Officer Results Page