Twelfth Amendment of the Constitution Bill 1992

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Twelfth Amendment of the Constitution Bill 1992
Flag of Ireland.svg
25 November 1992 (1992-11-25)

To exclude the risk of suicide as sufficient reason to legally allow an abortion
Results
Choice
Votes %
Check-71-128-204-brightblue.svg Yes572,17734.65%
Light brown x.svg No1,079,29765.35%
Valid votes1,651,47495.28%
Invalid or blank votes81,8354.72%
Total votes1,733,309100.00%
Registered voters/turnout2,542,84168.16%

The Twelfth Amendment of the Constitution Bill 1992 (bill no. 24 of 1992) was a rejected proposal to amend the Constitution of Ireland to exclude the risk of suicide as sufficient reason to legally allow an abortion. It was one of three referendums on abortion held on 25 November 1992, the date of the 1992 general election. The Thirteenth and Fourteenth Amendments were approved. As these could not be renamed, there has been no enacted Twelfth Amendment of the Constitution.

Contents

Proposed changes to the text

Proposed insertion of additional text to Article 40.3.3°:

It shall be unlawful to terminate the life of an unborn unless such termination is necessary to save the life, as distinct from the health, of the mother where there is an illness or disorder of the mother giving rise to a real and substantial risk to her life, not being a risk of self-destruction.

Background

The Eighth Amendment passed in 1983 added the following text to the Constitution as Article 40.3.3°:

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.

In March 1992, the Supreme Court held in Attorney General v. X (commonly known as the X Case), that a 14-year-old girl who had become pregnant as a result of rape could obtain an abortion in circumstances where there was a threat to her life from suicide. This amendment proposed that the possibility of suicide was not a sufficient threat to justify an abortion. The proposal was put to a referendum on 25 November 1992 but was rejected.

On the same day, the Thirteenth Amendment and Fourteenth Amendment were approved by referendum. The former guaranteed freedom of travel abroad to obtain an abortion, and the latter, access to information in Ireland with respect to the same issue. The 1992 general election was held on the same date.

Passage through the Oireachtas

The Twelfth Amendment Bill was proposed in the Dáil by Minister for Justice Pádraig Flynn. [1] The Amendment was approved by the Dáil on 27 October 1992: [2]

Twelfth Amendment of the Constitution Bill 1992: Final Stages.
Absolute majority: 83/166
VotePartiesVotes
Yes check.svgYes Fianna Fáil (63), Progressive Democrats (5)
68 / 166
No Fine Gael (35), Labour Party (13), Democratic Left (6), Green Party (1), Independent (2)
57 / 166

Fianna Fáil Senator Des Hanafin, a member of the Pro Life Campaign (PLC), did not vote for the government wording. He proposed an amendment at committee stage proposing the wording supported by the PLC:

It shall be unlawful to act in such a way as to bring about the termination of the life of an unborn unless such termination arises indirectly as a side-effect of treatment designed to protect the life of the mother.

This wording was not voted on, and the bill was approved by the Seanad on 30 October 1992. [3]

Twelfth Amendment of the Constitution Bill 1992: Final Stages.
Absolute majority: 31/60
VotePartiesVotes
Yes check.svgYes Fianna Fáil (26)
26 / 60
No Fine Gael (11), Labour Party (2), Independent (3)
17 / 60

Result

The amendment was put to a referendum on 25 November, where it was rejected.

Twelfth Amendment of the Constitution of Ireland Bill 1992 [4]
ChoiceVotes %
Light brown x.svg No1,079,29765.35
Yes572,17734.65
Valid votes1,651,47495.28
Invalid or blank votes81,8354.72
Total votes1,733,309100.00
Registered voters/turnout2,542,84168.16
Results by constituency [4]
ConstituencyElectorateTurnout (%)VotesProportion of votes
YesNoYesNo
Carlow–Kilkenny 81,19269.2%20,13032,90038.0%62.0%
Cavan–Monaghan 79,00470.3%20,49431,29039.6%60.4%
Clare 65,57967.9%15,50426,25137.1%62.9%
Cork East 58,16071.9%12,68427,21031.8%68.2%
Cork North-Central 68,20966.6%13,87630,02431.6%68.4%
Cork North-West 44,57875.4%9,34622,22529.6%70.4%
Cork South-Central 75,74771.1%16,86235,22432.4%67.6%
Cork South-West 44,62773.8%9,95420,63832.5%67.5%
Donegal North-East 46,93467.3%8,31321,49627.9%72.1%
Donegal South-West 48,49462.2%8,62319,66630.5%69.5%
Dublin Central 59,94161.3%11,55723,92232.6%67.4%
Dublin North 62,91769.0%16,03726,30937.9%62.1%
Dublin North-Central 64,34971.8%14,30230,81531.7%68.3%
Dublin North-East 57,88869.7%14,32925,22036.2%63.8%
Dublin North-West 57,95165.3%12,48524,25134.0%66.0%
Dublin South 84,76770.5%15,97642,42427.4%72.6%
Dublin South-Central 63,31664.4%12,65627,16431.8%68.2%
Dublin South-East 68,36658.9%10,36129,09726.3%73.7%
Dublin South-West 69,65461.9%16,83225,33039.9%60.1%
Dublin West 57,75565.0%14,46122,25839.4%60.6%
Dún Laoghaire 85,92468.7%17,28440,50329.9%70.1%
Galway East 42,60468.8%10,36416,83238.1%61.9%
Galway West 78,53963.7%15,55731,33733.2%66.8%
Kerry North 48,60669.6%9,88521,46431.5%68.5%
Kerry South 44,03470.1%10,37017,86136.7%63.3%
Kildare 77,79865.3%19,18729,87339.1%60.9%
Laois–Offaly 77,22670.2%18,91531,94737.2%62.8%
Limerick East 71,00468.6%14,79931,80031.8%68.2%
Limerick West 44,76871.3%9,08620,58130.6%69.4%
Longford–Roscommon 60,45274.9%16,15525,70138.6%61.4%
Louth 65,66667.3%16,50925,99938.8%61.2%
Mayo East 43,39268.0%10,05517,04437.1%62.9%
Mayo West 43,40768.4%11,00916,16540.5%59.5%
Meath 77,90066.0%19,57029,68839.7%60.3%
Sligo–Leitrim 60,67570.5%14,81724,88737.3%62.7%
Tipperary North 42,63374.9%10,10219,69333.9%66.1%
Tipperary South 56,70570.3%12,71324,95233.7%66.3%
Waterford 63,69267.7%13,37227,85232.4%67.6%
Westmeath 46,12867.0%10,90118,34037.3%62.7%
Wexford 75,55369.6%18,42131,37137.0%63.0%
Wicklow 76,70767.8%18,32431,69336.6%63.4%
Total2,542,84168.2%572,1771,079,29734.7%65.3%

Later developments

No legislation was enacted in the aftermath of this defeated referendum. In 2002, the proposed Twenty-fifth Amendment would have similarly excluded the risk of suicide as grounds for an abortion. On this occasion, the government proposal did have the support of the Pro Life Campaign. This too was rejected in a referendum, but by a much narrower margin.

The European Court of Human Rights found against the state in A, B and C v Ireland (2010). The government responded to this with the enactment of the Protection of Life During Pregnancy Act 2013, which provided for abortion in the cases where there was a risk to the life of the woman, including from a risk of suicide.

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References

  1. Pádraig Flynn, Minister for Justice (20 October 1992). "Twelfth Amendment of the Constitution Bill 1992: Second Stage.". Dáil Debates. Vol. 423. Ireland: Dáil Éireann. col. 1893. Archived 19 December 2020 at the Wayback Machine
  2. "Twelfth Amendment of the Constitution Bill 1992: Committee and Final Stages". Dáil Debates. Vol. 424. Ireland: Dáil Éireann. 27 October 1992. Archived 16 July 2023 at the Wayback Machine
  3. "Twelfth Amendment of the Constitution Bill 1992: Committee and Final Stages". Seanad Debates. Vol. 134. Ireland: Seanad Éireann. 30 October 1992. Archived 22 December 2020 at the Wayback Machine
  4. 1 2 "Referendum Results" (PDF). Department of Housing, Planning and Local Government . p. 46. Archived (PDF) from the original on 22 January 2023. Retrieved 27 January 2024.