Belfast-based student launches court battle for right to vote in abortion referendum

The matter came before Mr Justice Charles Meenan in the judicial review list this week, who adjourned the application to 9 April because a date has yet to be set for the referendum and the relevant legislation has not yet been enacted.

He directed that the application brought by Roisin Morelli should be made on notice to the Taoiseach, Minister for Housing, Planning and Local Government, the Minister for Foreign Affairs and Trade, the Minister for Health, the Minister for Justice and Equality and the Attorney General.

The student claims citizens of Northern Ireland are also Irish citizens and have a constitutional right to vote in such referenda, including the proposed referendum on the repeal of the Eighth Amendment.

Ms Morelli, represented by Madden & Finucane, seeks various orders and declarations, including a declaration that the respondent’s refusal to allow her to vote in referenda is null and void, and breaches both her constitutional rights and the Good Friday Agreement.

She seeks a declaration that the failure or refusal to allow her vote is inconsistent with the respondent’s constitutional imperative of achieving a united Ireland under article 3.1, in accordance with the GFA.

She further seeks declarations that sections of the Referendum Act and the Electoral Act 1992 that disqualify her from voting in referenda are unconstitutional, and the failure to allow her vote in the referendum breaches section 3 of the European Convention on Human Rights.

She also seeks orders quashing any decision by the state not to allow her vote in referenda, and the respondents take all necessary steps to allow her vote in referenda, and damages.

Her solicitor, Michael Halleron, said the case is a matter of national importance and all Irish citizens on the island of Ireland should be entitled to vote in the referendum.

Aodhan O Faolain, Ireland International News Agency Ltd.