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.