Ireland will have a referendum on abortion this summer after a cabinet meeting last night agreed to a vote on repealing the Eighth Amendment. The historic vote will be held towards the end of May or early June.
The cabinet met for almost four hours and agreed to publish within weeks the legislation that could be introduced if the people of Ireland vote in favour of repeal. The attorney-general advised ministers that the best legal option was to allow for a “repeal and enable” process, which involves inserting a clause in the constitution stating that it is up to the Oireachtas to legislate for new abortion laws.
Simon Coveney, the tánaiste, will not be supporting the proposal to make abortion legal up until 12 weeks, as proposed by the Citizens’ Assembly and Oireachtas committee on the Eighth Amendment. He told the meeting that he was in favour of repealing and enabling, but could not support the 12-week plan. A source said that he accepted all of the other recommendations made by the committee.
Simon Harris, the health minister, said it was a “significant day” that he hoped would provide more certainty about the coming months.
Two recent polls have shown support among the public for repealing the Eighth Amendment, which gives equal rights to the life of the woman and the unborn child.
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Leo Varadkar, the taoiseach, has faced criticism for not revealing his views sooner, and came under increased pressure after Micheál Martin, the Fianna Fáil leader, backed the recommendations of the Oireachtas Committee on the Eighth Amendment.
Last night Mr Varadkar said he would support plans to allow abortions up until 12 weeks’ gestation, and would also support the rest of the Oireachtas committee’s recommendations.
“I will advocate a yes vote,” he said. “My own views have evolved — life experience does that. On the matter of the 12 weeks, people will have to make up their own minds. In making my decision to support it I listened to the views of the public, my party, family, friends, and above all women.”
On the issue of abortion in the case of rape, he said making women prove they were raped would “make them victims for the second time”.
He said he was confident the referendum could be held by the end of May, which would effectively make Friday, May 25, the most likely date. The precise date will be formally set by Eoghan Murphy, the housing minister, once the Oireachtas has passed the referendum bill. That bill should be ready by the end of March.
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Last night’s cabinet meeting began at 5.30pm and ended shortly before 9.30pm. Members agreed on the outline of the plan to bring the country to a referendum, and ministers and TDs will be free to campaign on either side of the debate.
Some members of Fine Gael, such as Patrick O’Donovan, the junior finance minister, have said that they will not be voting in favour of repeal.
Michael Creed, Joe McHugh and Paul Kehoe and Denis Naughten, the communications minister and independent TD, are thought to have varying degrees of difficulty with the 12-week regime. Mr McHugh was alone at cabinet two weeks ago in expressing his personal opposition to repeal.
Sinn Féin supports abortion only in limited circumstances, so a policy change must be approved if it is to support the recommendations.
Government sources have privately raised concerns that this opposition could lead to the legislation being subjected to amendments and changes in the Dáil if a referendum passes.
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As well as the 12-week proposal, the committee recommended terminations with no time limits for fatal foetal abnormalities and cases where the woman’s health was at risk. It said there should be no distinction drawn between a risk to mental health and a risk to physical health.
The Department of Health is likely to place a significant onus on GPs to advise and counsel patients before a decision to terminate is made.