President Michael D Higgins will next Monday consult with the Council
of State on the Protection of Life During Pregnancy Bill before
deciding whether to refer it to the Supreme Court.President Higgins began reviewing the abortion legislation yesterday amid calls for it to be referred to the court to test its constitutionality.
He has a week to decide whether to sign the legislation into law or whether he will need to refer the legislation to the Supreme Court.
This is the first time the President has convened the Council of State, a group of current and former office holders and others who are available to him, since taking office.
The council is made up of current and former taoisigh, tánaistí, and supreme court chief justices. It also includes the president of the High Court, the ceann comhairle, the cathaoirleach of the Seanad, and attorneys general. A number on the council are also appointed by the President himself.
If the President refers the bill to the Supreme Court, it will be obliged to hand down its ruling no later than 60 days after the date of reference.
Earlier Independent TD Mattie McGrath said the Bill should be referred to the Supreme Court.
He said he was sure the President, whom he described as a man of “the utmost integrity”, would review the bill in a just and impartial manner but still wanted the Council of State to be convened.
The Tipperary TD claimed a “lack of any advocacy mechanism for the unborn child” and the “lack of term limits in which an abortion can be carried out” could result in the Bill being sent back for amendment to the Houses of the Oireachtas.
Transport Minister Leo Varadkar has previously said he thinks the Bill should be referred to the court while Frances Fitzgerald, the minister for children, has said it is up to the President if he refers the legislation onwards.