TD defends proposed bill declared unconstitutional by Whelan

An Independent TD has urged Government ministers to ignore the advice of the Attorney General on the constitutionality of a proposed bill, the Irish Examiner reports.

Mick Wallace has brought forward a private member’s bill which would allow abortion in the case of fatal foetal abnormality.

Last week, Health Minister Simon Harris consulted the Attorney General Máire Whelan for her view on whether the bill is unconstitutional in order to inform the position of a number of Government ministers who agree with it in principle.

Ms Whelan said the bill, given its similarity to unconstitutional legislation proposed by Clare Daly in 2013, is unconstitutional.

But Mr Wallace has insisted it is for the courts, not the Attorney General, to decide if legislation is unconstitutional.

He told the Irish Examiner: “I want to see that opinion published. It cannot be used as a fig leaf to cover the inaction of politicians. The truth is that all it is an opinion.

“Actual unconstitutionality can only be determined by the courts. So why not allow the bill to pass, get the President under Article 26 to refer it to the Supreme Court?”