The Thirty-sixth Amendment of the Constitution of Ireland (previously bill no. 29 of 2018) is an amendment to the Constitution of Ireland which permits the Oireachtas to legislate for abortion. The constitution had previously prohibited abortion, unless there was a serious risk to the life of the mother.
The proposal is often described as the Repeal of the Eighth Amendment, referring to the 1983 constitutional amendment which guaranteed the right to life of foetuses, making abortion illegal unless the pregnancy is life-threatening. The 2018 amendment replaces Article 40.3.3° of the Constitution, which was added in 1983 and amended in 1992.
The bill was introduced to the Oireachtas on 9 March 2018 by the Fine Gael minority coalition government, and completed its passage through both houses on 27 March 2018. It was put to a referendum on 25 May 2018,[1][2] and was approved by 66.4% of voters. The amendment took effect once signed into law by President Michael D. Higgins on 18 September 2018.[3]
The British Offences Against the Person Act 1861, which made "unlawful procurement of a miscarriage" a crime, remained in force after Irish independence in 1922. The Eighth Amendment of the Constitution adopted in 1983, which declares "the right to life of the unborn ... equal [to the] right to life of the mother", was instigated by the Pro-Life Amendment Campaign for fear that the 1861 prohibition might be weakened by liberal legislators or activist judges.[4] In 1992, Supreme Court ruled in the X Case that abortion is permitted where pregnancy threatens a woman's life, including by risk of suicide. No regulatory framework within the limited scope of the X case judgement was passed until the Protection of Life During Pregnancy Act 2013, impelled by A, B and C v Ireland (2010) in the European Court of Human Rights and death of Savita Halappanavar in 2012 after miscarriage.[5] The 2013 Act repealed the 1861 Act, and makes "destruction of unborn human life" a crime. In the three years 2014–2016, a total of 77 legal abortions were performed under the 2013 Act.[6]
Illegal surgical abortions in Ireland have been practically unknown since the UK's Abortion Act 1967 allowed Irish women to travel to Great Britain for a legal abortion. The 13th and 14th amendments to the constitution, passed in 1992 after the X Case, guarantee the right to information about foreign abortions and to travel abroad for an abortion. The number of women at UK abortion clinics giving Irish addresses peaked at 6,673 in 2001, and was 3,265 in 2016.[7] The decline is partly due to unregulated use of abortion pills illegally delivered from online pharmacies.[8]
While left-wing parties and feminists opposed the 1983 amendment, and have advocated its repeal, this was not supported by the two largest parties for most of the interim: Fianna Fáil, and Fine Gael. In the 2010s, while both parties' leadership opposed broad liberalisation, some accepted the argument for abortion in cases like fatal foetal abnormalities and pregnancy resulting from rape or incest, which are not permitted by the 1983 amendment. These became the focus of campaigning after the 2013 Act. The Abortion Rights Campaign, a pro-choice alliance formed in 2012, holds an annual "March for Choice" in Dublin.[9]Anti-abortion groups have countered with a "Rally for Life".[10] In the run up to the 2016 general election, a number of parties committed to a referendum to repeal the Eighth Amendment (Labour,[11]Green Party,[12]Social Democrats,[13]Sinn Féin,[14] and Workers' Party[15]) and a group of feminist law academics published model legislation to show what a post-Eighth Amendment abortion law could look like.[16]
A Fine Gael–led government under Taoiseach Enda Kenny took office after the 2016 election with a programme which promised a randomly selected Citizens' Assembly to report on possible changes to the Eighth Amendment, which would be considered by an Oireachtas committee, to whose report the government would respond officially in debates in both houses of the Oireachtas. Leo Varadkar replaced Enda Kenny as Taoiseach on 14 June 2017 and promised to hold a referendum on abortion in 2018.[17] The Citizens' Assembly, chaired by Supreme Court judge Mary Laffoy,[18] discussed the issue from November 2016 to April 2017 with invited experts and stakeholders, and voted to recommend repealing the existing text and replacing it with an explicit mandate for the Oireachtas to legislate on abortion.[19] It also made recommendations for the consequent legislation, which were more liberal than media commentators had expected.[20] The assembly's report was considered from September to December 2017 by a special Oireachtas committee of 21 members, which also discussed the issue with invited experts; its recommendations by majority vote were broadly similar to those of the assembly.[21] However, it said that because of difficulties legislating for rape and incest, abortion should be legal up to 12 weeks' gestation without restriction; on the other hand, it did not favour socio-economic grounds for abortion after 12 weeks.[22] In January 2018, Minister for HealthSimon Harris opened the Dáil debate on the committee's report by listing the numbers from each county who travelled to Great Britain for an abortion in 2016.[23]Fianna Fáil leader Micheál Martin declared that he had changed his view on the issue and gave his support for Repeal of the Eighth Amendment and for the committee's recommendations.[24]
Further action was called into question by a July 2016 High Court ruling that a foetus was a child within the meaning of Article 42A of the Constitution, which guarantees children's rights. The Supreme Court agreed to expedite the government's appeal of the decision, and on 7 March 2018 overturned the High Court judgement, ruling that a foetus was not a child and had no rights other than the right to life mentioned in Article 40.3.3°.[25]
Changes to the text
The Amendment replaced the text of Article 40.3.3°,[26] which read:
The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.
This subsection shall not limit freedom to travel between the State and another state.
This subsection shall not limit freedom to obtain or make available, in the State, subject to such conditions as may be laid down by law, information relating to services lawfully available in another state.
Note: The first clause was added by the Eighth Amendment approved by referendum in 1983. The second and third clauses were added by the Thirteenth Amendment and the Fourteenth Amendment respectively approved by referendum in 1992.
As the Amendment passed, the subsection was replaced with the following text:
Provision may be made by law for the regulation of termination of pregnancy.
The Department of Health published a policy paper on "Regulation of Termination of Pregnancy" on 9 March 2018.[27] This provided an outline of the policies for legislation which would repeal and replace the Protection of Life During Pregnancy Act 2013 if the Amendment of Constitution Bill was passed in a referendum. Under this scheme, abortion would be permissible in circumstances where:
there is a risk to the health of a woman, on assessment by two doctors, without a distinction between physical and mental health;
there is a medical emergency, on assessment by one doctor;
there is a foetal condition which is likely to lead to death before or shortly after birth, on the assessment of two doctors;
up to 12 weeks of pregnancy without specific indication, with a time period after an initial assessment by a medical practitioner and the termination procedure.
The Policy Paper also proposed that:
medical practitioners would have a right of conscientious objection;
the termination of pregnancy in circumstances other than those under the proposal would be a criminal offence, but that a woman who procures or seeks to procure a termination of pregnancy for herself would not be guilty of an offence.
On 26 March 2018, TánaisteSimon Coveney announced he would support legislation on the lines of the policy paper, but suggested that this should be entrenched by requiring a two-thirds supermajority in the Dáil for any later amendment.[28] This was aimed at voters prepared to accept the policy-paper regulations, but wary of subsequent liberalisation.[28] Coveney's proposal was dismissed as unconstitutional.[28][29] On 27 March 2018, the cabinet agreed the general scheme of the proposed "Regulation of Termination of Pregnancy Bill 2018", which health minister Simon Harris summarised that evening in the Seanad.[30][31][32] The scheme was published online the following day.[32]
Even after the referendum had passed, "Abortion [would] remain illegal in almost all circumstances until the Oireachtas passes legislation providing otherwise".[33] Health Minister Simon Harris, speaking a few days before the referendum, said the Government hoped to introduce the bill in the Dáil in the autumn and to have passed it by the end of 2018.[33]
Oireachtas debate
The Thirty-sixth Amendment of the Constitution Bill was introduced by Minister for HealthSimon Harris. The debate on the Second Stage began on 9 March 2018.[34] The Bill passed all stages in the Dáil on 21 March.[35][36] The main vote on the bill was at second stage, with 110 in favour and 32 against.[37] Of the 16 who did not vote at second stage, five voted in favour in subsequent votes. At committee stage, there were votes on Section 2 of the bill (98–18) and the short title (96–20);[38] there was also a vote on the final stage (97–25).[39]Fianna FáilTDs had a free vote although Micheál Martin was reported to be upset at how many voted against the bill.[40]Fine Gael also gave a free vote, including for ministers.[41]
TDs voting on the Thirty-sixth Amendment of the Constitution Bill 2018[37][38][39][42]
In the Seanad, the second stage was held on 27 March, with a 35–10 vote in favour.[30] Remaining stages were the following day, with the bill passed 39–8 at committee stage and 40–10 at final stage.[44][2] Eight of the thirteen Fianna Fáil senators voted against, as did two of nineteen from Fine Gael, and independent Rónán Mullen.[v 8]
Notes
↑ Forty-one on second stage, plus Simon Coveney on final stage
Both Fine Gael and Fianna Fáil had allowed their TDs a free vote on the issue in the Dáil.[46] However, although Fine Gael "cannot adopt an official party position because members have been afforded a freedom of conscience vote on issues to do with the referendum",[47] on 21 April, Taoiseach and Fine Gael leader Leo Varadkar launched a Fine Gael "Vote Yes" campaign for Yes-supporting party members, along with party colleagues, including Minister for Health Simon Harris and Fine Gael referendum coordinator, Josepha Madigan.[47][48][49]
On 8 May 2018, due to controversy over the origin, number, content, and targeting of adverts on social media,[50]Facebook announced that it would block advertisements placed by foreign entities, most of whom are in the United States, and limit them to adverts placed by Irish organisations.[51][52] On 9 May, Google announced that it was blocking all adverts on the referendum from its advertising platform and YouTube, citing concerns around the integrity of elections.[53]
On 9 May, the fund-raising web pages of Together for Yes, Amnesty Ireland, and Termination for Medical Reasons were subjected to a denial-of-service attack.[54]
On 20 May, the parents of Savita Halappanavar called for a Yes vote, her father saying, "I hope the people of Ireland will vote yes for abortion, for the ladies of Ireland and the people of Ireland. My daughter, she lost her life because of this abortion law, because of the diagnosis, and she could not have an abortion. She died."[55] After the Yes vote won, Halappanavar's father thanked the people of Ireland.[56]
On 23 May, CNN reported that American-based anti-abortion groups, such as "Let Them Live", have flown to Ireland, in order to sway voters to vote No to the amendment. They entered Ireland by lying to Irish border control about their reason for coming to Ireland, claiming they were only in Ireland to document the event and nothing more.[57]
On 24 May, The New York Times reported that thousands of Irish citizens living around the world were travelling back to Ireland to vote in the referendum – postal or absentee voting is not generally allowed.[58] These voters coalesced online under the social mediahashtag "#HomeToVote" and in-person during their transport.[58] The journeys resembled a similar movement in advance of the 2015 Irish constitutional referendums that resulted in the approval of the Thirty-fourth Amendment of the Constitution of Ireland concerning same-sex marriage.[58] In some cases, the travelling voters may have been in breach of Irish law, which removes the right to vote in a referendum from most non-residents, as only those who have lived away for less than 18 months were legally entitled to take part in the referendum.[59] The use of the #HomeToVote hashtag was part of a larger campaign effort from activists who utilised social media, particularly Twitter, to connect and communicate with citizens.[60] Together for Yes used social media to highlight the lived experiences of women endangered by the abortion ban,[61] placing what was viewed as a private issue into the public to "mobilise emotions" online, in the hope that they would vote "Yes".[62]
Labour Party.[65] Party leader Brendan Howlin stated their long standing view was that it was a complex issue what should not be dealt with by a few lines in the constitution. Howlin said: "The Labour Party position is in the case of fatal foetal abnormality, of pregnancy by rape or incest, or where there is a threat to the health of a mother, that option should be available in the discussion between an individual woman and her clinicians."[66]
The Institute of Obstetricians and Gynaecologists: The executive committee of the Institute of Obstetricians and Gynaecologists within the Royal College of Physicians of Ireland voted 18–0, with one abstention, in favour of repeal.[70]
Amnesty International Ireland, Termination for Medical Reasons, Women's Health in Ireland, The Coalition to Repeal the Eighth, The Abortion Rights Campaign, Choice Ireland, and ROSA were all among those who registered as campaigning on a Yes Vote.[72]
The Irish Times endorsed a Yes vote in an editorial, arguing, "The Eighth Amendment has turned out to be more damaging than its critics in those febrile days dared imagine", and urging readers to "Repeal the Eighth".[73]
Endorsing a No vote
Referendum campaign posters in Dublin
Political Parties
Renua.[74][75] The political party had been established from a revolt by some Fine Gael members who rejected the whip to vote against the Protection of Life During Pregnancy Bill.[76] While they had been open to a coalition planning to legislate for abortion in 2015,[77] and had declared a neutral stance in 2016,[78] In March 2017, the party declared it was against any repeal of the amendment. Then-leader John Leahy said that, while members declaring freedom of conscience would not be asked to support or canvas, he expected that party candidates "will be required to subscribe fully to our position on this matter".[76]
The National Party[79] who launched the "Abortion Never" campaign, though the party was unregistered at this point.[80]
Save the 8th, a campaign supported by the Life Institute and Youth Defence, registered with the Standards in Public Office Commission in January 2018.[80][82] The Iona Institute, Mother and Fathers Matter and the Life Institute also all registered as campaigning for a No vote.[72]
Cherish All the Children Equally, a group of republican campaigners which described itself as "progressive, republican, and of the left", and included current and former Sinn Féin supporters at odds with the party's stance.[83]
A number of political parties, religious bodies and other organisations took a freedom of conscience vote or position, calling on individual members to decide for themselves.
Political parties
Fianna Fáil did not take a formal position on the referendum.[46] However, 31 of the party's TDs and Senators posed for a photograph showing their opposition to repealing the eighth, therefore over half of the parliamentary party supported a "No" vote.[88] Nonetheless, the party's leader Micheál Martin supported "Yes",[89] and was one of the two speakers for the "Yes" side in the final televised debate before the vote, along with Sinn Féin leader Mary Lou McDonald.[90]
Fine Gael "cannot adopt an official party position because members have been afforded a freedom of conscience vote on issues to do with the referendum".[47][46] However, Josepha Madigan, the Minister for Culture, Heritage, and the Gaeltacht, co-ordinated a campaign for "Yes"-supporting party members, which was formally launched on 21 April 2018 by Leo Varadkar and Simon Harris.[48][49][47] The campaign supported Together for Yes, and some Fine Gael TDs put up posters of their own.[91]
Religious bodies
The Catholic Church did not take an official position on the referendum, leaving public campaigning to civil groups said to ensure they were seen as "not interfering directly in the process".[92][93] Though some Church leadership, including the Irish Bishops Conference wrote pastoral letters [94] and shared messages urging parishioners to vote No.[95] This prompted the Association of Catholic Priests to issue a statement that they were concerned about using the pulpit in this manner, saying "we believe this is inappropriate and insensitive and will be regarded by some as an abuse of the Eucharist."[96]
The Church of Ireland issued statements favouring giving the Oireachtas responsibility for abortion legislation, but opposing unrestricted abortion up to 12 weeks' gestation; it concluded, "We therefore ask Church members to think through the issues involved carefully and with prayer".[97] This contrasted to their position in the 1983 referendum.[94]
The Presbyterian Church in Ireland initially supported a No vote, but later moved to a seemingly more neutral stance. Their General Council issued a congregational letter in April 2018 against changes to the Eight Amendment. They encouraged church members to " consider these matters prayerfully and with great care over the coming weeks and to vote in accordance with their conscience.” [98][99] In the weeks before the referendum they reflected on that statement saying "At this time, we felt, in order to save as many lives as possible, the Eighth Amendment should be retained. That was communicated by letter throughout our church, but that is for moral guidance. In reality, people must vote according to their conscience. We do not prescribe to people how they should vote."[94]
The Methodist Church in Ireland did not take a formal stance.[100] In April 2015 the Methodist Church's Council on Social Responsibility issued a statement to say that the Church was "against abortion on demand" and that "We would urge that abortion is seen as a last resort. Any provision of an abortion service does not mean that it has to be availed of, and there should be no pressure to do so".[101] This was perceived by some to be in favour of a No vote. In May 2015 clarified this statement, with saying Dr Fergus O'Ferrall "The Methodist Church would never dare to tell members how to vote" as well as "If it's not carried, the issues are not going to go away."[94]
The head imam of the Al-Mustafa Islamic Centre supported repeal of the eighth amendment and state-funded abortions in "extraordinary circumstances", but rejected "calls for abortions to be freely available until the end of the first trimester".[102]
Other organisations
The Gaelic Athletic Association reiterated its policy of neutrality on political issues, in response to media reports of various players and managers publicly taking sides.[103]
The Association of Catholic Priests took a neutral position during the referendum. They asked priests not to direct parishioners to a Yes or No vote [104]
Sherlock was withdrawn against her will by Love Both, Save the 8th and Iona Institute, who wanted the better performing Maria Steen instead. RTÉ denied the request, and Higgins was withdrawn to equalise the number of speakers on both sides. Sinn Féin clarified that Tóibín's views differ from his party's. Audience members contributed to the debate.
During the course of the referendum campaign some surveys asked if respondents supported the proposed legislation allowing termination for any reason for the first 12 weeks of pregnancy. The following results were recorded:
A mural outside the Bernard Shaw Pub in Portobello, Dublin, depicting Savita Halappanavar and calling for a Yes vote. After the result was announced, hundreds of Yes supporters left handwritten messages and flowers at the mural.
Polls opened at 07:00 IST (UTC+1) and closed at 22:00 IST on 25 May 2018. Twelve offshore islands voted the day before, to allow for possible delays delivering ballot boxes to the count centres.[112] Counting began at 09:00 on 26 May. All Irish citizens entered on the electoral register were eligible to vote. A total of 3,229,672 people were on the annual electoral register (as of 15 February 2018) and an additional 118,389 electors were added to the supplementary register by the closing date of 8 May 2018,[113][114][115] an unusually high number of late registrations.[116]Dáil constituencies were used to organise the voting, with the returning officer for each appointed by the city or county council, and results sent to the national returning officer in Dublin. Although a close result had been expected by observers,[117][118] an exit poll conducted by The Irish Times predicted a 68% Yes result,[119] while one conducted by RTÉ predicted a similar Yes result of 69.4%.[120] The day after the vote, Save the 8th campaign conceded defeat.[121]
Thirty-sixth Amendment of the Constitution Bill 2018[122]
According to exit polls by The Irish Times[124] and by RTÉ,[125] every age group voted Yes, except those aged 65 and over, with the highest Yes vote being from the youngest age groups. The details were:
Age group
Yes
No
Irish Times
RTÉ
Irish Times
RTÉ
18 to 24
87%
87.6%
13%
12.4%
25 to 34
83%
84.6%
17%
15.4%
35 to 49
74%
72.8%
26%
27.2%
50 to 64
63%
63.7%
37%
36.3%
65 and over
40%
41.3%
60%
58.7%
By gender
According to the exit polls,[124][125] both genders voted Yes, with women doing so somewhat more heavily than men. The details were:
Gender
Yes
No
Irish Times
RTÉ
Irish Times
RTÉ
Female
70%
72.1%
30%
27.9%
Male
65%
65.9%
35%
34.1%
By urban-rural
According to the exit polls,[124][125] both urban and rural voters voted Yes, with urban voters doing so more heavily than rural ones. The details were:
Urban-Rural
Yes
No
Irish Times
RTÉ
Irish Times
RTÉ
Urban
71%
72.3%
29%
27.7%
Rural
60%
63.3%
40%
36.7%
Reactions to the result
Ireland
Yes side
"Yes" supporters at Dublin Castle after the Referendum results were declared
Taoiseach Leo Varadkar said: "I think what we've seen today really is the culmination of a quiet revolution that's taken place in Ireland for the past 10 or 20 years. This has been a great exercise in democracy, and the people have spoken. The people have said we want a modern constitution for a modern country, that we trust women, and we respect them to make the right decision, the right choices about their own health care."[126]
Tánaiste Simon Coveney said: "For me, the margin of victory is important, but equally important is that there is no Dublin versus the rest or no urban/rural divide – in virtually every part of the country, people have voted in big numbers to allow the government and the Oireachtas to change Ireland for the better."[126]
Orla O'Connor, director of the National Women's Council and co-director of Together for Yes, thanked "Yes" voters, saying: "This is phenomenal. This was a grass-roots, people campaign, and I think what today will show is that this is a people's referendum. Presuming that these exit polls are correct, the public haven't just spoken, this is a resounding roar from Irish people about the horrors of the Eighth and how women should no longer be treated as second-class citizens in our society."[126]
No side
Cora Sherlock, of the LoveBoth campaign, said: "This is a very sad day for Ireland, that people have voted for abortion. We need to remember what they have won. All that is being offered is abortion. There has been no talking about why Irish woman travel, what options could have been put on the table."[126][127]
Declan Ganley tweeted: "I've been thinking about conscientious objection. I will not pay for the killing of Ireland's unborn children, I cannot be a party to it. So, there will need to be a way to exempt conscientious objectors taxes from paying for them in any way, shape, or form."[128]
Catholic Bishop Kevin Doran said: "While the Catholic Church is a family, and nobody ever gets struck off, what I'd say to a Catholic who voted Yes is this: If you voted Yes, knowing and intending that abortion would be the outcome, then you should consider coming to Confession."[129] This statement caused controversy, leading to former President of Ireland Mary McAleese weighing in to say that baptised voters showed that freedom of conscience trumped the Church's view of mortal sin.[130][131]
United Kingdom
UK Prime Minister Theresa May contacted Taoiseach Leo Varadkar, and posted to Twitter, saying: "The Irish Referendum yesterday was an impressive show of democracy which delivered a clear and unambiguous result. I congratulate the Irish people on their decision and all of #Together4Yes on their successful campaign."[132] However, she later reiterated her position that abortion is considered a devolved matter in Northern Ireland, and, accordingly, that the UK government would not intervene.[133] This followed a statement from Arlene Foster, leader of the Northern Ireland's anti-abortion DUP, whose votes were needed to give May's Conservativegovernment its parliamentary majority, that the issue should be decided by the Northern Ireland Assembly.[133]
Senior Conservatives, such as Commons Health Committee chairperson Sarah Wollaston and education minister Anne Milton, backed calls for a free vote on the issue, while LabourMPStella Creasy said she would table an amendment on the matter to the Domestic Violence Bill and said that over 150 parliamentarians had expressed support for the change, and Labour's shadow Attorney GeneralShami Chakrabarti called the issue a test for May's feminism.[133] May's spokesperson refused to say whether Conservative MPs would be given a free vote in such a "hypothetical" situation, but said that there had been free votes on the abortion issue in the past.[133]
Northern Ireland
The result re-opened the debate about the legality of abortion in Northern Ireland. In all constituent countries of the United Kingdom but Northern Ireland, abortion is legal in many circumstances under the Abortion Act 1967. Abortion in Northern Ireland has historically been considered a devolved matter, to be decided by the Northern Ireland Assembly.[134]
In Belfast, a rally took place advocating for the liberalisation of abortion laws in Northern Ireland,[135] where there were calls for the UK government to step in.[136] UK intervention to liberalise abortion laws in Northern Ireland is opposed by the Democratic Unionist Party, then largest party in Northern Ireland and which supported the then-minority Conservative government in the UK.[137]
Elsewhere
Speaking from his home in Karnataka, south-west India, Andanappa Yalagi, the father of Savita Halappanavar (who died from sepsis in 2012 after being refused an abortion in Galway), thanked the Irish people for their "historic vote".[56]
CanadianPrime MinisterJustin Trudeau, who, when visiting Dublin in 2017, had urged Taoiseach Leo Varadkar to liberalise Ireland's abortion laws as a fundamental human rights issue, phoned to congratulate him, and also tweeted: "What a moment for democracy and women's rights. Tonight, I spoke with Taoiseach @campaignforLeo and his team and congratulated them on the Yes side's referendum victory legalising abortion in Ireland."[132]
The Provisional Referendum Certificate was signed by Barry Ryan, the Referendum Returning Officer, on 28 May 2018, and published in Iris Oifigiúil on 29 May.[140][141] Challenges against the validity of the referendum must be brought within seven days of publication.[141][142]
Three petitions challenging the result were made within the deadline, by Joanna Jordan, Charles Byrne, and Ciarán Tracey.[143] These alleged variously that the Referendum Commission information booklet was biased and that the electoral register was unreliable, with unexplained deletion of older voters' details and failure to delete those of emigrants who were thus able to travel back to vote despite being ineligible.[143] Jordan's unsuccessful petition against the children's rights amendment delayed its enactment from 2012 until 2015. Enactment of the 2015 marriage equality amendment was similarly delayed for three months.[144]
The applications seeking leave to bring judicial review proceedings were heard in the High Court from 26 to 29 June.[145][146][147] Tracey withdrew and leave was refused for another man, Diarmaid McConville, to take over his application.[146] On 20 July, Justice Peter Kelly ruled against the other two applicants, saying they had failed to provide prima facie evidence of anything likely to have changed the result of the vote,[148] but left them a week to challenge this in the Court of Appeal.[149]Costs were awarded against both applicants.[150] Byrne did not appeal,[151] while Jordan's appeal was heard on 17 August.[152]
Separately, on 31 July, the Court of Appeal rejected McConville's appeal against the refusal to allow him to take over Tracey's petition application, but gave him time to apply to the Supreme Court,[153] which on 16 August denied him leave to appeal.[154] On 27 August, the Court of Appeal dismissed Jordan's challenge, with Justice George Birmingham stating that "Jordan's assertions were so entirely devoid of substance that we can only conclude they were made with reckless and irresponsible abandon".[155] Before the 31 August deadline,[155] Jordan applied to the Supreme Court for leave to appeal; the court decided on 7 September to refuse to hear the appeal,[156][157] thus allowing the amendment to be signed into law by President Higgins on 18 September 2018.[3]
Even though the referendum had been carried, abortion remained "illegal in almost all circumstances until the Oireachtas passes legislation providing otherwise", which the Government originally hoped to introduce into the Dáil in the autumn, and to have passed by the end of 2018.[33] After the referendum, there were calls for the process to be sped up,[158] and health minister Simon Harris said that the bill would be introduced before the summer recess and become law by the autumn.[159]The Irish Times reported on 6 June that the Dáil second stage would begin on 11 July, possibly extending the Dáil term, and that remaining Oireachtas stages would be in September and October.[160] The introduction of legislation was held up until after the processing of the petitions against the referendum result.[156]
Media had speculated before the vote that a narrow Yes majority would encourage No-supporting legislators to obstruct or weaken the legislative provisions compared to the draft published in March.[161] Conversely, media said afterwards that the large majority made such moves unlikely;[162] in particular, Fianna Fáil opponents would not "stand in the way" of the "will of the people".[163]
On 5 December, the Health (Regulation of Termination of Pregnancy) Bill passed final stages in the Dáil, where it was approved by 90 votes to 15 (with 12 abstentions). On 13 December, Seanad Éireann approved the bill by 27 votes to 5. On 20 December 2018, PresidentMichael D. Higgins signed the bill into law, officially legalising abortion in Ireland for the first time for non-life-threatening reasons.
↑ 62% agreed with the statement that the law needs to change to recognise a woman's right to choose. 56% agreed that the 12 weeks proposal, while they had "reservations" about it, was a "reasonable compromise" and would be an "improvement on the current situation". 41% agreed with the statement: "I agree the law needs to be changed, but the proposal for abortion on request up to 12 weeks goes too far." 40% said that abortion "is wrong and should not be made more widely available".[110]
↑ 53% consists of 42% 'About right' + 11% 'Not far enough', as against 32% 'Too far', with 15% 'Don't know'
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Rónán Thomas Mullen is an Irish independent senator and former delegate to the Council of Europe. He is the leader of the Human Dignity Alliance, an extra-parliamentary anti-abortion political party formed in 2018. He was elected to the Seanad for the National University constituency in July 2007 and re-elected in 2011, 2016 and 2020. He has topped the poll in every NUI Seanad election from 2011. Mullen is a frequent media commentator on social and political topics. The first National University of Ireland senator appointed to the Council of Europe, he received international coverage for his role in defeating the McCafferty Report which sought to limit the right to conscientious objection for medical staff in the case of abortions.
Three referendums were held in Ireland on 25 November 1992, the same day as the 1992 general election. Each was on a proposed amendment of the Irish constitution relating to the law on abortion. They were enumerated as the Twelfth, Thirteenth and Fourteenth Amendments. The proposed Twelfth Amendment was rejected by voters while both the Thirteenth and Fourteenth were approved.
The Twenty-fifth Amendment of the Constitution Bill 2001 was a proposed amendment to the Constitution of Ireland to tighten the constitutional ban on abortion. It would have removed the threat of suicide as a grounds for legal abortion in the state, as well as introducing new penalties for anyone performing an abortion, by giving constitutional status to legislation proposed to be enacted after the amendment. It was narrowly rejected in a referendum held on 6 March 2002, with 50.4% against.
The Twenty-eighth Amendment of the Constitution Bill 2008 was a proposed amendment to the Constitution of Ireland that was put to a referendum in 2008. The purpose of the proposed amendment was to allow the state to ratify the Treaty of Lisbon of the European Union.
The Twenty-eighth Amendment of the Constitution Act 2009 is an amendment of the Constitution of Ireland which permitted the state to ratify the Treaty of Lisbon of the European Union. It was approved by referendum on 2 October 2009.
Pro Life Campaign (PLC) is an Irish anti-abortion advocacy organisation. Its primary spokesperson is Cora Sherlock. It is a non-denominational organisation which promotes anti-abortion views, and opposes abortion in all circumstances, including cases of rape and incest.
The Thirty-first Amendment of the Constitution (Children) Act 2012 amended the Constitution of Ireland by inserting clauses relating to children's rights and the right and duty of the state to take child protection measures. It was passed by both Houses of the Oireachtas (parliament) on 10 October 2012, and approved at a referendum on 10 November 2012, by 58% of voters on a turnout of 33.5%. Its enactment was delayed by a High Court case challenging the conduct of the referendum. The High Court's rejection of the challenge was confirmed by the Supreme Court on 24 April 2015. It was signed into law by the President on 28 April 2015.
The Thirty-second Amendment of the Constitution Bill 2013 was a proposal to amend the Constitution of Ireland to abolish Seanad Éireann, the upper house of the Irish parliament, the Oireachtas. The proposal was rejected by the electorate in a referendum on 4 October 2013 by 51.7% voting against to 48.3% in favour.
The Protection of Life During Pregnancy Act 2013 was an Act of the Oireachtas which, until 2018, defined the circumstances and processes within which abortion in Ireland could be legally performed. The act gave effect in statutory law to the terms of the Constitution as interpreted by the Supreme Court in the 1992 judgment in the X Case. That judgment allowed for abortion where pregnancy endangers a woman's life, including through a risk of suicide. The provisions relating to suicide had been the most contentious part of the bill. Having passed both Houses of the Oireachtas in July 2013, it was signed into law on 30 July by Michael D. Higgins, the President of Ireland, and commenced on 1 January 2014. The 2013 Act was repealed by the Health Act 2018, which commenced on 1 January 2019.
The Citizens' Assembly is a citizens' assembly established in Ireland in 2016 to consider several political questions including the Constitution of Ireland. Questions considered include: abortion, fixed term parliaments, referendums, population ageing, and climate change. Over 18 months a report is produced on each topic. The government is required to respond officially to the reports in the Oireachtas (parliament); as of 9 April 2019 responses have been given on three of the five topics.
Cora Sherlock is a writer, blogger and campaigner in the Irish anti-abortion movement. She is deputy chairperson of the Pro Life Campaign. In 2014, she was included in BBC's 100 Women series.
Together for Yes (TFY) is an abortion rights campaign group in Ireland. It campaigned successfully for a Yes vote in the 2018 referendum to ratify the Thirty-sixth Amendment, which removed the Eighth Amendment's constitutional ban on abortion in Ireland.
The Thirty-seventh Amendment of the Constitution is an amendment to the constitution of Ireland which removed the constitution's requirement to criminalise "publication or utterance of blasphemous matter". The amendment was effected by an act of the Oireachtas — the Thirty-seventh Amendment of the Constitution Act 2018, which was introduced in Dáil Éireann, passed by the Dáil and Seanad, approved by the people in a referendum, before it was signed into law by the president.
The Health Act 2018 is an Act of the Oireachtas which defines the circumstances and processes within which abortion may be legally performed in Ireland. It permits termination under medical supervision, generally up to 12 weeks' pregnancy, and later if pregnancy poses a serious health risk or there is a fatal foetal abnormality.
The Thirty-eighth Amendment of the Constitution of Ireland is an amendment to the Constitution of Ireland which altered the provisions regulating divorce. It removed the constitutional requirement for a defined period of separation before a Court may grant a dissolution of marriage, and eased restrictions on the recognition of foreign divorces. The amendment was effected by an act of the Oireachtas, the Thirty-eighth Amendment of the Constitution Act 2019.
The government of Ireland held two referendums on 8 March 2024 on proposed amendments to the Constitution of Ireland. The Thirty-ninth Amendment of the Constitution Bill 2023 proposed to expand the constitutional definition of family to include durable relationships outside marriage. The Fortieth Amendment of the Constitution (Care) Bill 2023 proposed to replace a reference to women's "life within the home" and a constitutional obligation to "endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home" with a gender-neutral article on supporting care within the family.
↑ "Reproductive Healthcare". Labour Party. Archived from the original on 5 August 2016. Retrieved 5 August 2016. Our plan for the next five years: Hold a referendum to remove Article 40.3.3 (the 8th Amendment) from the Constitution
↑ "Reproductive Rights". Green Party. Archived from the original on 19 September 2016. Retrieved 5 August 2016. The Green Party supports the holding of a referendum to allow the people of Ireland determine whether or not the 8th Amendment should be repealed.
↑ Enright, Mairead; Conway, Vicky; Londras, Fiona de; Donnelly, Mary; Fletcher, Ruth; McDonnell, Natalie; McGuinness, Sheelagh; Murray, Claire; Ring, Sinead (28 June 2015). "General Scheme of Access to Abortion Bill 2015". Feminists@law. 5 (1). ISSN2046-9551. Archived from the original on 1 April 2016. Retrieved 18 January 2018.
↑ Joint Committee on the Eighth Amendment of the Constitution (December 2017). "Report"(PDF). Oireachtas. §§2.19–2.24, 2.37–2.40. Archived(PDF) from the original on 23 May 2018. Retrieved 22 May 2018.
↑ Murray, Shona (18 January 2018). "Fianna Fáil leader Micheál Martin backs repeal of the Eighth Amendment". Irish Independent. Archived from the original on 21 January 2018. Retrieved 20 January 2018. Following a long period of reflection and assessment of evidence before the Oireachtas Committee, I believe that we should remove the Eighth Amendment from Bunreacht na hÉireann and I will vote accordingly
1 2 3 4 Sarah Bardon Political Reporter (17 April 2018). "Taoiseach to launch campaign for pro-repeal FG members". Irish Times. Archived from the original on 21 June 2018. Retrieved 21 April 2018. Taoiseach Leo Varadkar is to launch a campaign for Fine Gael members in favour of repealing the Eighth Amendment. Mr Varadkar and a number of senior Ministers will hold an event this weekend outlining why they believe people should vote "Yes" in the forthcoming referendum on the Amendment. … The decision may cause some friction within the party, as there are many Fine Gael TDs and Senators who are opposed to repealing the Constitutional provision, which places the life of the unborn on an equal footing to the life of the mother. Fine Gael cannot adopt an official party position because members have been afforded a freedom of conscience vote on issues to do with the referendum.
↑ Hayat and Samiel-Azran, Tsahi and Tal (2017). "You too, Second Screeners? Second Screeners' Echo Chambers During the 2016 U.S. Elections Primaries". Journal of Broadcasting & Electronic Media. 61 (2): 305. doi:10.1080/08838151.2017.1309417. S2CID148973729.
↑ Mairead, Enright (2018). "The enemy of the good': Reflections on Ireland's new abortion legislation". Feminists@Law. 8 (2): 7.
↑ O'Brien, Stephen (3 June 2018). "How the 'no' campaign fell apart". The Sunday Times. Archived from the original on 23 November 2019. Retrieved 4 June 2018. According to one source familiar with the exchanges, "There was a consensus it should be somebody other than Cora. We felt there was a real danger of it not going well. As it turned out, it would hardly have mattered. But she took it very, very badly." Another source said Sherlock was understandably disappointed at being taken off the show, but "there was a big surge of demand from across the pro-life organisations for Maria to go on; she was the unanimous choice because she'd done exceptionally well the week before on Claire Byrne Live". ... She will continue as a member of the Pro Life Campaign, Love Both's parent organisation, and insists "there is no longer-term damage" to her relationship with that group.
↑ Ben Kelly (29 April 2018). "Ireland abortion referendum: Repeal the eighth campaign maintains lead as Irish are urged to come 'Home To Vote'". Archived from the original on 6 May 2018. Retrieved 6 May 2018. Repeal the Eighth: Latest poll shows 47% for Yes and 32% for No ... Poll shows support for Repeal falls when 12 week limit is suggested ... A new poll published today shows that while 53% of people want the 8th amendment repealed, that falls to 47% when the government's proposal of terminations up to 12 weeks is included. ... The Red C poll, published today in the Sunday Business Post, shows that while 26% oppose repealing the 8th, this rises to 32% when the 12 week limit is introduced. ... Hugh O'Connell Repeal Yes 53% (-3) No 26% (=) D/K 21% (+2) 12 weeks Yes 47% (-5) No 32% (-1) D/K 21% (+6)
↑ "Register of Electors 2018/2019"(PDF). Department of Housing, Planning and Local Government. 15 February 2018. Archived(PDF) from the original on 24 May 2018. Retrieved 24 May 2018.
1 2 3 Leahy, Pat (25 May 2018). "Irish Times exit poll projects Ireland has voted by landslide to repeal Eighth Amendment". The Irish Times. Archived from the original on 26 May 2018. Retrieved 25 May 2018. More than 4,500 voters were interviewed by Ipsos MRBI as they left polling stations on Friday. Sampling began at 7am and was conducted at 160 locations across every constituency throughout the day. The margin of error is estimated at +/- 1.5 per cent.
1 2 3 "RTÉ exit poll on the Eighth Amendment projects: Yes 69.4% No 30.6%". RTÉ. 25 May 2018. Archived from the original on 26 May 2018. Retrieved 26 May 2018. The sample size was 3,800 with a margin of error of +/- 1.6%. The exit poll was conducted by RTÉ in conjunction with a number of Irish universities and was carried out by Behaviour & Attitudes.
1 2 3 4 "Reaction: 'The country has listened. Women have spoken'". The Irish Times. 26 May 2018.
↑ "The Latest: Macron: Ireland makes history with abortion vote". Washington Post. Associated Press. 27 May 2018. Retrieved 1 June 2018. 1:45 p.m. French President Emmanuel Macron says that Ireland has made history with its abortion referendum in which voters chose to abolish a ban on terminations. Macron tweeted that "this vote will stand as an essential symbol for women's freedom".[dead link]
↑ "Referendum Act, 1994, Section 42". Irish Statute Book. Archived from the original on 12 June 2018. Retrieved 2 June 2018. PART IV - Referendum Petitions - Section 42-(2) A referendum petition in relation to a provisional referendum certificate shall not be presented to the High Court unless that court, on application made to it in that behalf by or on behalf of the person proposing to present it not later than seven days after the publication in Iris Oifigiúil of the certificate, by order grants leave to the person to do so.
↑ Sandra Hurley (20 July 2018). "High Court refuses challenge to referendum result". RTÉ News. Archived from the original on 20 July 2018. Retrieved 21 July 2018. President of the High Court, Mr Justice Peter Kelly said the applicants did not demonstrate prima facie evidence of matters likely to have a material effect on the referendum result as a whole.; Kelly, Peter (20 July 2018). "[2018] IEHC 437: Byrne -v- Ireland & ors". courts.ie. Courts Service of Ireland. Archived from the original on 27 July 2018. Retrieved 27 July 2018.; Kelly, Peter (20 July 2018). "[2018] IEHC 438: Jordan -v- Ireland & ors". courts.ie. Courts Service of Ireland. Archived from the original on 27 July 2018. Retrieved 27 July 2018.
↑ Dunne, Elizabeth; Charleton, Peter; O'Malley, Iseult (16 August 2018). "[2018] IESCDET 123: Tracey -v- Ireland and Ors". Judgements & Determinations. Courts Service of Ireland. Archived from the original on 9 September 2018. Retrieved 9 September 2018.
↑ "Harris to bring abortion legislation to Dáil before summer recess". thejournal.ie. 28 May 2018. Archived from the original on 30 May 2018. Retrieved 2 June 2018. Taoiseach Leo Varadkar said over the weekend that laws giving effect to Friday's referendum could be enacted before the end of the year, but campaigners had called for a shorter timeline. The Together for Yes campaign has called on the government to pass legislation allowing for the terminations of pregnancies before the summer break.
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