Wednesday, July 31, 2013

Pro-life groups expected to fight new law on abortion

Protection of Life During Pregnancy Act - fit for purpose ? | Drivetime -  RTÉ Radio 1

A CHALLENGE to the abortion law is expected to be launched in the near future. But there are doubts over the ability of pro-life groups to go to the courts without sufficient grounds.

President Michael D Higgins signed the historic abortion legislation into law yesterday.

The President had until today to decide if he was going to sign the Protection of Life During Pregnancy Bill 2013 or refer it to the Supreme Court to test its constitutionality.

President Higgins's decision to sign the law is in line with the advice he received from some prominent members of the Council of State, as revealed in yesterday's Irish Independent.

The Pro-Life Campaign said the passage of the abortion legislation bill into law was a "very sad day for our country".

The group vowed to devote its energies to the repeal of "this unjust law".

Campaign spokesperson Caroline Simons said the group would give "very careful consideration" to the best way to bring this about.

"For the first time in our history it makes it legal to deliberately target the life of an innocent human being," Ms Simons said.

"We have seen the biggest ever gatherings of pro-life people in recent weeks.

"The passage of this bill into law marks a new beginning, not an end for pro-life activism," she added.

The Government welcomed the President's decision to sign the legislation as it believed the bill was constitutional.

Coalition sources expect a challenge to the legislation, but say there is also uncertainty around who exactly would have a justifiable case to take to court.

"The real difficulty will be for somebody to find a ground on which to take a case. There's a presumption there will be a challenge but on what grounds," a source said.

A statement from Aras an Uachtarain at precisely 12 noon yesterday said: "President Higgins has today signed the bill into law."

The President's signature of the bill means the historic legislation is now enacted.

The bill means the X Case has finally been legislated for, 21 years after the case of a suicidal pregnant teenaged girl, who was raped, being denied an abortion.

Under Article 31 of the Constitution, President Higgins convened a meeting of the Council of State to discuss the legislation.

Former President Mary Robinson and former Taoiseach John Bruton both recommended that the abortion legislation not be referred to the Supreme Court.

CONTENTIOUS

In written submissions to President Michael D Higgins, the two former office holders said the contentious bill should be signed into law and allow it to be challenged in the courts through individual cases.

While he didn't express an opinion to the Council of State, there was a sense after the meeting that the President would sign the bill.

President of the High Court, Mr Justice Nicholas Kearns, told the meeting that there was no question the legislation would be challenged in the courts.

The President of the High Court felt there was a risk of cases being taken and felt that the legislation was going to be challenged if it was signed into law.