Michéal Martin: ‘Likely’ that Constitution will have to explicitly assert right to legislate on abortion

Fianna Fáil leader Michéal Martin has said he feels it is “likely” that the right of the Oireachtas to legislate on abortion will need to be explicitly inserted into the Constitution if the Eighth Amendment is repealed.

In a dramatic intervention yesterday, Mr Martin (pictured) revealed that he backed repeal and the Oireachtas committee on the Eighth Amendment’s recommendation to legislate to allow abortion within the first 12 weeks of a pregnancy.

However, he added: “There remains a significant issue concerning whether we should simply remove the amendment or replace it.

“Before deciding on this I would like to see the legal advice which the government says is being prepared. However, I feel it is likely that we may need to agree a replacement which gives certainty to the Oireachtas’ right to legislate. This need not be a complex provision, but it may be the only way to prevent significant unintended consequences in future court cases which are inevitable.”

Mr Martin said the government needed to provide “clarity on important pieces of legal advice”, including how the Oireachtas committee recommendations could be implemented in law.