Eighth amendment repeal
Deputy Coppinger urged the Government to follow the Oireachtas committee recommendation of simple repeal rather than an enabling clause. The Tánaiste said no firm decision had been made, that the report and legal implications were still under review, and a meeting would be held focused on the issue.
My question is on promised legislation on repeal and a referendum on the issue of the eighth amendment.
I know the Government is getting legal advice and I want to remind it that the committee I took part in, which weighed up evidence not just over weeks but months, had its own legal adviser who outlined six options for dealing with the issue. There was no support at the committee for an enabling clause, which is one of the options the Government seems to be discussing with the Attorney General. The reason I raise this is because there is no legal certainty with any referendum but the Government could cause more uncertainty by attempting to find a wording that would basically say the Dáil has power to do this. If it seems to be giving special powers to the Oireachtas regarding this particular matter or legislation, I believe there is a danger politically of a referendum getting into great uncertainty and potentially being lost if the Government tries to find a wording for what is a minority viewpoint in the legal profession.
Comment on this
I urge the Government to stick with the recommendation of the Oireachtas committee of simple repeal. It could flounder us in massive delays on this issue.
Comment on this
As I have said previously, we need to read carefully the Oireachtas committee's report. I would say I have read it a dozen times since it was published and as many other are trying to do, I am forming a view and also trying to understand how the Government can act responsibly in terms of bringing forward those recommendations, but it has not made any firm decisions yet. We will have a meeting next Monday solely focused on this issue. The Attorney General is actively looking at legal implications of the recommendations of the committee. While I accept that the committee got its own legal advice, with respect, the Government has to get its legal advice too. When it makes decisions and recommendations in the build up to a referendum we need to make sure that our legal advice is complete. We will make decisions shortly on these issues but I take note of what the Deputy said.