Ministers abandon abortion legislation approach

The Government has abandoned the idea of using Article 27 of the Constitution as the mechanism for legislating for abortion in limited circumstances.

The notion was first advanced by the Taoiseach, Mr Ahern, during the general election campaign when he announced that he would publish a Green Paper on abortion before taking constitutional and/or legislative action on the issue.

Article 27, which has never been used, would enable a majority of the members of the Seanad and not less than one-third of the members of the Dail to petition the President to allow a Bill to be put to the people in a referendum, on the grounds that it was "of such national importance" that the will of the people ought to be ascertained.

It is understood that Government members have turned cold on the proposal recently because it would be perceived as an undemocratic way of dealing with such a sensitive social question. A majority of not less than one-third of voters on the electoral register would be required to defeat such a Bill.

Senior Government sources are now believed to be contemplating a straightforward constitutional amendment to enable the terms of abortion legislation to be put to a referendum. This was the device used in the Divorce Act. It is not intended, at this point, to attempt to change the Supreme Court's decision in the X case in 1992 which allows for abortion where there is a real and substantial risk to the life, as well as the health, of the mother, including the risk of suicide.

Meanwhile, the main antiabortion groups reacted strongly to the findings in yesterday's Irish Times/MRBI opinion poll that 77 per cent of voters believe that abortion should be permitted in limited circumstances. Only 18 per cent of voters were against abortion in any circumstances.

The Pro-Life Campaign said the proposition that abortion was needed to save the life and health of mothers was put forward by those who favoured the availability of legalised abortion. It was rejected by the medical profession "because there is no evidence to support it".

It claimed that the poll, as previous Irish Times/MRBI polls had done, actually perpetuated the myth that abortion was needed to save life and health. Youth Defence, which became involved in the recent legal efforts to prevent C from having an abortion, said the only poll that could possibly be acceptable was one taken of the electorate as a whole in a referendum on an amendment to outlaw abortion in Ireland. The group also questioned the methodology and findings of the poll.

The Minister of State, Ms Liz O'Donnell, said the poll was evidence of "the innate compassion of the Irish people". She said the Cabinet sub-committee, of which she is a member, would now proceed with the preparation of a Green Paper to look at the options available, in the light of the legal, moral, ethical and health issues involved. They hoped to have the Green Paper drafted by next June.

Ms O'Donnell believed that the Government could proceed in the confident knowledge that there was a widespread awareness of the complex issues involved.

The Democratic Left deputy, Ms Liz McManus, said the poll appeared to indicate a significant change in public opinion on the abortion issue.

The poll findings were welcomed by the Pro-Choice Campaign and the Irish Family Planning Association.