Attorney General fights claims she is ‘undermined’ by Cabinet abortion bill split

Attorney General Máire Whelan has fought off claims that she has been undermined in her role by Government ministers who will vote for a bill which she said was unconstitutional.

Ms Whelan was asked by Health Minister Simon Harris to advise whether proposed legislation to allow abortion in cases of fatal foetal abnormality was lawful under the Constitution.

Ms Whelan eventually concluded that Mick Wallace’s bill, given its similarity to unconstitutional legislation proposed by Clare Daly in 2013, is unconstitutional.

However, Government ministers from the Independent Alliance indicated that they would still give support to the bill, causing a major split within the Cabinet.

A source with knowledge of the Attorney General’s office insisted to The Irish Times that a Government minister’s support for an unconstitutional bill was not “resignation territory” for Ms Whelan.

The source added: “The Attorney General is an adviser to the Government as a whole, acting collectively. Is the Government, as a government, making a decision on the Wallace Bill? If not, then the opinion of the Attorney General is not as relevant.”

A spokesperson for the Government said Ms Whelan is not considering her position.