The proposed abortion referendum would redefine unborn human life and remove the right to abortion where the mother was at risk from suicide, opposition TDs argued yesterday.
Deputies raised issues with the Minister for Health, Mr Martin, at the Dβil select committee on the abortion Bill, a preliminary stage of the legislative procedure. The Bill provides the proposed wording of the new abortion referendum.
At the meeting, deputies argued that the proposed 25th amendment to the Constitution conflicted with the existing article which provides for the right to life of the unborn and of the mother, including allowing abortion where she was at risk from suicide.
This had been affirmed by the Supreme Court in its ruling arising from the X case.
The new amendment was: "In particular, the life of the unborn in the womb shall be protected in accordance with the provisions of the Protection of Human Life in Pregnancy Act 2002."
Deputies said the Bill, which would be enacted if the referendum was passed, redefined unborn human life as being after implantation which could be from three to 10 days after fertilisation. The suicide element was removed.
Ms Liz McManus TD (Lab) said they were being asked to put into the Constitution another section which would lead to conflict between the two. People had a right to expect that what they were presented with was not contradictory.
"The existing article protects the right to life of the unborn and the right of the mother to life, including the risk of suicide. The new amendment only protects the right to life of the unborn after implantation and protects the right to life of the mother but excludes suicide. They are saying different things about the same issues," she said.
Ms Frances Fitzgerald (FG) said the amendment offered less protection for women. Clearly, if the new amendment was withdrawing protection on the mental health issue, there was a conflict.
On the unborn, Mr Gay Mitchell (FG) said the proposed amendment weakened their right to life.
The Minister said he had obtained advice from a Constitutional lawyer.
"Clearly there is a key issue here, as to whether the articles conflict with each other. The advice I received is that the articles are read together," he said.
It meant that if there was a Supreme Court challenge, the judges would not look at one article in isolation.
He agreed it did have the effect of removing the suicide element but said it did not in any way weaken the right to life of the unborn.
Ms Fitzgerald said the new amendment defined unborn in a different way.
The Minister said the Bill did not redefine human life. It defined abortion in terms of a criminal offence. In the existing article suicide risk remained as a factor.