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Dáil
‹ Order of Business

Constitutional basis for abortion legislation

Summary

Deputies question whether the Attorney General supplied supporting arguments for declaring the Bill unconstitutional. The Taoiseach says the only advice communicated is its unconstitutionality and cites the constitutional limits on termination.

Did the Attorney General even give the Government any arguments?

Comment on this
Enda Kenny The Taoiseach Fine Gael

There are no briefing documents to be given to any Deputy other than to confirm that the Attorney General's formal legal advice is that this Bill is unconstitutional.

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Enda Kenny The Taoiseach Fine Gael

I would point out to Deputy Boyd Barrett-----

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Enda Kenny The Taoiseach Fine Gael

-----that the parameters within which the Legislature has to operate are the same as was the case for the Protection of Life During Pregnancy Bill 2013.

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Seán Barrett An Ceann Comhairle Fine Gael

This is not in order.

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Enda Kenny The Taoiseach Fine Gael

The current constitutional position, as confirmed by the Supreme Court, is that termination is only permissible when the continuation of the pregnancy constitutes a real risk to the life of the mother.

Comment on this

Wrong. Obviously, the Taoiseach did not read the PP v. HSE judgment.

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Enda Kenny The Taoiseach Fine Gael

Those are the parameters within which the Constitution is framed, and the Constitution is framed by vote of the people.

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