Thirty-sixth Amendment of the Constitution of Ireland explained

Thirty-sixth Amendment of the Constitution of Ireland
To permit the Oireachtas to legislate for the regulation of termination of pregnancy
Country:Ireland
Date:Referendum:
In force:
Yes:1,429,981
No:723,632
Invalid:6,042
Total:2,159,655
Electorate:3,367,556
Turnoutpct:64.13
Map:File:Abortion referendum 2018.svg
Mapdivision:Dáil constituency
Notes:Source: refcom.ie

The Thirty-sixth Amendment of the Constitution of Ireland (previously bill no. 29 of 2018) is an amendment to the Constitution of Ireland which permits the Oireachtas to legislate for abortion. The constitution had previously prohibited abortion, unless there was a serious risk to the life of the mother.

The proposal is often described as the Repeal of the Eighth Amendment, referring to the 1983 constitutional amendment which guaranteed the right to life of fetuses, making abortion illegal unless the pregnancy is life-threatening. The 2018 amendment replaces Article 40.3.3° of the Constitution, which was added in 1983 and amended in 1992.

The bill was introduced to the Oireachtas on 9 March 2018 by the Fine Gael minority coalition government, and completed its passage through both houses on 27 March 2018. It was put to a referendum on 25 May 2018,[1] and was approved by 66.4% of voters. The amendment took effect once signed into law by President Michael D. Higgins on 18 September 2018.[2]

Background

The British Offences Against the Person Act 1861, which made "unlawful procurement of a miscarriage" a crime, remained in force after Irish independence in 1922. The Eighth Amendment of the Constitution adopted in 1983, which declares "the right to life of the unborn ... equal [to the] right to life of the mother", was instigated by the Pro-Life Amendment Campaign for fear that the 1861 prohibition might be weakened by liberal legislators or activist judges.[3] In 1992, Supreme Court ruled in the X Case that abortion is permitted where pregnancy threatens a woman's life, including by risk of suicide. No regulatory framework within the limited scope of the X case judgement was passed until the Protection of Life During Pregnancy Act 2013, impelled by A, B and C v Ireland (2010) in the European Court of Human Rights and death of Savita Halappanavar in 2012 after miscarriage.[4] The 2013 Act repealed the 1861 Act, and makes "destruction of unborn human life" a crime. In the three years 2014–2016, a total of 77 legal abortions were performed under the 2013 Act.[5]

Illegal surgical abortions in Ireland have been practically unknown since the UK's Abortion Act 1967 allowed Irish women to travel to Great Britain for a legal abortion. The 13th and 14th amendments to the constitution, passed in 1992 after the X Case, guarantee the right to information about foreign abortions and to travel abroad for an abortion. The number of women at UK abortion clinics giving Irish addresses peaked at 6,673 in 2001, and was 3,265 in 2016.[6] The decline is partly due to unregulated use of abortion pills illegally delivered from online pharmacies.[7]

While left-wing parties and feminists opposed the 1983 amendment, and have advocated its repeal, this was not supported by the two largest parties for most of the interim: Fianna Fáil, and Fine Gael. In the 2010s, while both parties' leadership opposed broad liberalisation, some accepted the argument for abortion in cases like fatal foetal abnormalities and pregnancy resulting from rape or incest, which are not permitted by the 1983 amendment. These became the focus of campaigning after the 2013 Act. The Abortion Rights Campaign, a pro-choice alliance formed in 2012, holds an annual "March for Choice" in Dublin.[8] Anti-abortion groups have countered with a "Rally for Life".[9] In the run up to the 2016 general election, a number of parties committed to a referendum to repeal the Eighth Amendment (Labour,[10] Green Party,[11] Social Democrats,[12] Sinn Féin,[13] and Workers' Party[14]) and a group of feminist law academics published model legislation to show what a post-Eighth Amendment abortion law could look like.[15]

A Fine Gael–led government under Taoiseach Enda Kenny took office after the 2016 election with a programme which promised a randomly selected Citizens' Assembly to report on possible changes to the Eighth Amendment, which would be considered by an Oireachtas committee, to whose report the government would respond officially in debates in both houses of the Oireachtas. Leo Varadkar replaced Enda Kenny as Taoiseach on 14 June 2017 and promised to hold a referendum on abortion in 2018.[16] The Citizens' Assembly, chaired by Supreme Court judge Mary Laffoy,[17] discussed the issue from November 2016 to April 2017 with invited experts and stakeholders, and voted to recommend repealing the existing text and replacing it with an explicit mandate for the Oireachtas to legislate on abortion.[18] It also made recommendations for the consequent legislation, which were more liberal than media commentators had expected.[19] The assembly's report was considered from September to December 2017 by a special Oireachtas committee of 21 members, which also discussed the issue with invited experts; its recommendations by majority vote were broadly similar to those of the assembly.[20] However, it said that because of difficulties legislating for rape and incest, abortion should be legal up to 12 weeks' gestation without restriction; on the other hand, it did not favour socio-economic grounds for abortion after 12 weeks.[21] In January 2018, Minister for Health Simon Harris opened the Dáil debate on the committee's report by listing the numbers from each county who travelled to Great Britain for an abortion in 2016.[22] Fianna Fáil leader Micheál Martin declared that he had changed his view on the issue and gave his support for Repeal of the Eighth Amendment and for the committee's recommendations.[23]

Further action was called into question by a July 2016 High Court ruling that a foetus was a child within the meaning of Article 42A of the Constitution, which guarantees children's rights. The Supreme Court agreed to expedite the government's appeal of the decision, and on 7 March 2018 overturned the High Court judgement, ruling that a foetus was not a child and had no rights other than the right to life mentioned in Article 40.3.3°.[24]

Changes to the text

The Amendment replaced the text of Article 40.3.3°,[25] which read:

Note: The first clause was added by the Eighth Amendment approved by referendum in 1983. The second and third clauses were added by the Thirteenth Amendment and the Fourteenth Amendment respectively approved by referendum in 1992.

As the Amendment passed, the subsection was replaced with the following text:

Subsequent legislation

See also: Health (Regulation of Termination of Pregnancy) Bill 2018. The Department of Health published a policy paper on "Regulation of Termination of Pregnancy" on 9 March 2018.[26] This provided an outline of the policies for legislation which would repeal and replace the Protection of Life During Pregnancy Act 2013 if the Amendment of Constitution Bill was passed in a referendum. Under this scheme, abortion would be permissible in circumstances where:

The Policy Paper also proposed that:

On 26 March 2018, Tánaiste Simon Coveney announced he would support legislation on the lines of the policy paper, but suggested that this should be entrenched by requiring a two-thirds supermajority in the Dáil for any later amendment.[27] This was aimed at voters prepared to accept the policy-paper regulations, but wary of subsequent liberalisation.[27] Coveney's proposal was dismissed as unconstitutional.[27] [28] On 27 March 2018, the cabinet agreed the general scheme of the proposed "Regulation of Termination of Pregnancy Bill 2018", which health minister Simon Harris summarised that evening in the Seanad.[29] The scheme was published online the following day.[30]

Even after the referendum had passed, "Abortion [would] remain illegal in almost all circumstances until the Oireachtas passes legislation providing otherwise". Health Minister Simon Harris, speaking a few days before the referendum, said the Government hoped to introduce the bill in the Dáil in the autumn and to have passed it by the end of 2018.[31]

Oireachtas debate

The Thirty-sixth Amendment of the Constitution Bill was introduced by Minister for Health Simon Harris. The debate on the Second Stage began on 9 March 2018.[32] The Bill passed all stages in the Dáil on 21 March.[33] [34] The main vote on the bill was at second stage, with 110 in favour and 32 against. Of the 16 who did not vote at second stage, five voted in favour in subsequent votes. At committee stage, there were votes on Section 2 of the bill (98–18) and the short title (96–20); there was also a vote on the final stage (97–25). Fianna Fáil TDs had a free vote although Micheál Martin was reported to be upset at how many voted against the bill.[35] Fine Gael also gave a free vote, including for ministers.[36]

TDs voting on the Thirty-sixth Amendment of the Constitution Bill 2018[37] [38] [39] [40]
Party / group data-sort-type="number"For !data-sort-type="number"Against !data-sort-type="number"Absent !Notes
42[41] 2 6 Seán Barrett and Peter Fitzpatrick voted against.
22[42] 21 1 Billy Kelleher did not vote
21[43] 1 1 Carol Nolan voted against, losing the party whip for three months.[44] She later resigned from the party. Peadar Tóibín did not vote; Gerry Adams voted in Tóibín's seat by mistake on second stage.
7 0 0
6 0 0
Independents 4 Change Group[45] 7 0 0
Social Democrats–Green Party[46] 5 0 0
Rural Independents Group[47] 1 6 0 Michael Harty voted in favour.
Unaligned Independents 4 2 2
Total 115 32 10[48]

In the Seanad, the second stage was held on 27 March, with a 35–10 vote in favour.[49] Remaining stages were the following day, with the bill passed 39–8 at committee stage and 40–10 at final stage.[50] [51] Eight of the thirteen Fianna Fáil senators voted against, as did two of nineteen from Fine Gael, and independent Rónán Mullen.

Notes:

Campaign

On 9 March 2018, Minister for Housing, Planning, and Local Government Eoghan Murphy established the statutory Referendum Commission to oversee the referendum campaign, with High Court judge Isobel Kennedy as chair.[52]

Both Fine Gael and Fianna Fáil had allowed their TDs a free vote on the issue in the Dáil. However, although Fine Gael "cannot adopt an official party position because members have been afforded a freedom of conscience vote on issues to do with the referendum",[53] on 21 April, Taoiseach and Fine Gael leader Leo Varadkar launched a Fine Gael "Vote Yes" campaign for Yes-supporting party members, along with party colleagues, including Minister for Health Simon Harris and Fine Gael referendum coordinator, Josepha Madigan.[53] [54] [55]

On 8 May 2018, due to controversy over the origin, number, content, and targeting of adverts on social media,[56] Facebook announced that it would block advertisements placed by foreign entities, most of whom are in the United States, and limit them to adverts placed by Irish organisations.[57] [58] On 9 May, Google announced that it was blocking all adverts on the referendum from its advertising platform and YouTube, citing concerns around the integrity of elections.[59]

On 9 May, the fund-raising web pages of Together for Yes, Amnesty Ireland, and Termination for Medical Reasons were subjected to a denial-of-service attack.[60]

On 20 May, the parents of Savita Halappanavar called for a Yes vote, her father saying, "I hope the people of Ireland will vote yes for abortion, for the ladies of Ireland and the people of Ireland. My daughter, she lost her life because of this abortion law, because of the diagnosis, and she could not have an abortion. She died."[61] After the Yes vote won, Halappanavar's father thanked the people of Ireland.[62]

On 23 May, CNN reported that American-based anti-abortion groups, such as "Let Them Live", have flown to Ireland, in order to sway voters to vote No to the amendment. They entered Ireland by lying to Irish border control about their reason for coming to Ireland, claiming they were only in Ireland to document the event and nothing more.[63]

On 24 May, The New York Times reported that thousands of Irish citizens living around the world were travelling back to Ireland to vote in the referendum – postal or absentee voting is not generally allowed.[64] These voters coalesced online under the social media hashtag "#HomeToVote" and in-person during their transport. The journeys resembled a similar movement in advance of the 2015 Irish constitutional referendums that resulted in the approval of the Thirty-fourth Amendment of the Constitution of Ireland concerning same-sex marriage. In some cases, the travelling voters may have been in breach of Irish law, which removes the right to vote in a referendum from most non-residents, as only those who have lived away for less than 18 months were legally entitled to take part in the referendum.[65] The use of the

  1. HomeToVote
hashtag was part of a larger campaign effort from activists who utilised social media, particularly Twitter, to connect and communicate with citizens.[66] Together for Yes used social media to highlight the lived experiences of women endangered by the abortion ban,[67] placing what was viewed as a private issue into the public to "mobilise emotions" online, in the hope that they would vote "Yes".[68]

Endorsing a Yes vote

Political parties
Other organisations

Endorsing a No vote

Political Parties
Other Organisations

Neutral and other positions

A number of political parties, religious bodies and other organisations took a freedom of conscience vote or position, calling on individual members to decide for themselves.

Political parties

Religious bodies

Other organisations

Television debates during the referendum campaign

Television debates during the referendum campaign
Date Programme Channel Moderator "Yes" advocates !"No" advocates Notes Refs
27 April The Late Late Show Ryan TubridyPeter Boylan (obstetrician); Mary Favier (GP, Together for Yes)Wendy Grace (journalist); Caroline Simons (lawyer, Love Both)The debate was the last segment of the chat show. Members of the audience also spoke.[112]
14 May Claire Byrne Live RTÉ One Claire ByrneOrla O'Connor (National Women's Council of Ireland), Peter Boylan (obstetrician), Mary Lou McDonald (Sinn Féin leader)Maria Steen (lawyer, Save the Eighth); John Monaghan (obstetrician); Mary Butler (Fianna Fáil TD)There was criticism of boisterous reactions from audience members during the debate.[113]
22 May Prime Time RTÉ One Miriam O'CallaghanSimon Harris (Fine Gael minister); [Mary Higgins (obstetrician) withdrawn]Peadar Tóibín (Sinn Féin TD); [[[Cora Sherlock]] (Love Both) withdrew]Sherlock was withdrawn against her will by Love Both, Save the 8th and Iona Institute, who wanted the better performing Maria Steen instead. RTÉ denied the request, and Higgins was withdrawn to equalise the number of speakers on both sides. Sinn Féin clarified that Tóibín's views differ from his party's. Audience members contributed to the debate.[114] [115]
23 May Pat Kenny Tonight Pat KennyRegina Doherty (Fine Gael minister); Colm O'Gorman (Amnesty International Ireland)Rónán Mullen (independent senator); Maria Steen (Iona Institute; Save The 8th)[116]
23 May The Tonight Show TV3 Matt Cooper and Ivan YatesMícheál Martin (Fianna Fáil leader);
Mary Lou McDonald (Sinn Féin leader)		Declan Ganley (businessman); Theresa Lowe (lawyer, former broadcaster)

Opinion and exit polling

When voters were asked how they voted, exit polls showed the following results:

Date(s)
conducted		Polling organisation/clientSample sizeYesNoLead
data-sort-value="2018-05-25" 25 May 2018 Behaviour & Attitudes/RTÉ (exit poll) 3,800 69.4% 30.6% 38.8%
data-sort-value="2018-05-25" 25 May 2018 Ipsos MRBI/Irish Times (exit poll) >4,500 68% 32% 36%

When respondents were asked if they would support the amendment, opinion polls showed the following results:

Date(s)
conducted		Polling organisation/clientSample sizeYesNoUndecidedLead
data-sort-value="2018-05-20" 10–16 May 2018 Red C/Sunday Business Post 1,015 56% 27% 17% 29%
data-sort-value="2018-05-17" 14–15 May 2018 Ipsos MRBI/Irish Times 1,200 44% 32% 24% 12%
3–15 May 2018 Behaviour & Attitudes/The Sunday Times 935 52% 24% 19% 28%
data-sort-value="2018-04-30 18–30 Apr 2018 Millward Brown/Sunday Independent 1,003 45% 34% 18%11%
data-sort-value="2018-04-25" 19–25 Apr 2018 Red C/Sunday Business Post[117] 1,000 53% 26% 19% 27%
data-sort-value="2018-04-17a" 5–17 Apr 2018 Behaviour & Attitudes/The Sunday Times928 47% 29% 21% 18%
data-sort-value="2018-04-17" 16–17 Apr 2018 Ipsos MRBI/Irish Times1,20047% 28% 20% 19%
data-sort-value="2018-03-15" 15–22 Mar 2018 Red C/Sunday Business Post1,000 56% 26% 18% 30%
data-sort-value="2018-03-06" 6–13 Mar 2018 Behaviour & Attitudes/The Sunday Times 900 49% 27% 20% 22%
data-sort-value="2018-02-13" 1–13 Feb 2018 Behaviour & Attitudes/The Sunday Times926 49% 30% 21% 19%
data-sort-value="2018-01-18" 18–25 Jan 2018 Red C/Sunday Business Post[118] 1,003 60% 20% 20% 40%
data-sort-value="2018-01-25" 25 Jan 2018 Ipsos MRBI/Irish Times56% 29% 15% 27%
data-sort-value="2017-12-05" 4–5 Dec 2017 Ipsos MRBI/Irish Times1,20062% 26% 13% 36%

During the course of the referendum campaign some surveys asked if respondents supported the proposed legislation allowing termination for any reason for the first 12 weeks of pregnancy. The following results were recorded:

Date(s)
conducted		Polling organisation/clientSample sizeYesNoUndecidedLead
10–16 May 2018 Red C/Sunday Business Post 1,015 52% 34% 13% 18%
3–15 May 2018 Behaviour & Attitudes/The Sunday Times935 44% 34% 22% 10%
data-sort-value="2018-04-30a" 18–30 Apr 2018 Millward Brown/Sunday Independent 1,003 53% 32% 15% 21%
data-sort-value="2018-04-25" 19–25 Apr 2018 Red C/Sunday Business Post1,000 47% 32% 21% 15%
data-sort-value="2018-04-18" 4–18 Apr 2018 Ireland Thinks/Irish Daily Mail1,026 46% 31% 16% 15%
data-sort-value="2018-04-17" 5–17 Apr 2018 Behaviour & Attitudes/The Sunday Times928 43% 36% 21% 7%
data-sort-value="2018-03-20" 6–13 Mar 2018 Behaviour & Attitudes/The Sunday Times 900 43% 35% 22% 8%
data-sort-value="2018-02-13" 1–13 Feb 2018 Behaviour & Attitudes/The Sunday Times926 43% 35% 22% 8%
data-sort-value="2017-12-22" 14–22 Dec 2017 Ireland Thinks/Irish Daily Mail1,144 53% 27% 20% 26%

Result

Polls opened at 07:00 IST (UTC+1) and closed at 22:00 IST on 25 May 2018. Twelve offshore islands voted the day before, to allow for possible delays delivering ballot boxes to the count centres.[119] Counting began at 09:00 on 26 May. All Irish citizens entered on the electoral register were eligible to vote. A total of 3,229,672 people were on the annual electoral register (as of 15 February 2018) and an additional 118,389 electors were added to the supplementary register by the closing date of 8 May 2018,[120] [121] [122] an unusually high number of late registrations.[123] Dáil constituencies were used to organise the voting, with the returning officer for each appointed by the city or county council, and results sent to the national returning officer in Dublin. Although a close result had been expected by observers,[124] [125] an exit poll conducted by The Irish Times predicted a 68% Yes result,[126] while one conducted by RTÉ predicted a similar Yes result of 69.4%.[127] The day after the vote, Save the 8th campaign conceded defeat.[128]

Results by constituency
ConstituencyElectorateVotesProportion of votes
YesNoYesNo
Carlow–Kilkenny112,70461.99%44,21125,41863.50%36.50%
Cavan–Monaghan91,60263.39%32,11525,78955.46%44.54%
Clare83,22564.37%34,32819,07964.28%35.72%
Cork East85,64363.80%34,94119,55064.12%35.88%
Cork North-Central84,41262.45%33,63918,90864.02%35.98%
Cork North-West68,83065.93%27,19418,05460.10%39.90%
Cork South-Central87,52466.73%40,07118,13868.84%31.16%
Cork South-West60,35667.35%26,14714,38764.51%35.49%
Donegal118,90157.06%32,55935,09148.13%51.87%
Dublin Bay North108,20971.60%57,75419,57374.69%25.31%
Dublin Bay South78,89254.94%33,9199,92878.49%21.51%
Dublin Central48,00251.52%18,8635,79076.51%23.49%
Dublin Fingal95,92670.39%51,84015,52376.96%23.04%
Dublin Mid-West71,55867.30%35,19212,83873.27%26.73%
Dublin North-West62,27062.76%28,47710,48973.08%26.92%
Dublin Rathdown64,88770.11%34,52910,84576.10%23.90%
Dublin South-Central76,91459.60%34,20111,53074.79%25.21%
Dublin South-West106,58868.58%54,64218,30174.91%25.09%
Dublin West67,13867.77%33,59511,79474.02%25.98%
Dún Laoghaire95,37268.52%50,24314,95377.06%22.94%
Galway East69,63163.47%26,52517,54660.19%39.81%
Galway West107,72659.90%42,42221,90665.95%34.05%
Kerry111,10862.41%40,28528,85158.27%41.73%
Kildare North85,58763.76%40,05814,39973.56%26.44%
Kildare South63,19061.34%27,30711,33970.66%29.34%
Laois63,86062.01%24,23215,26461.35%38.65%
Limerick City77,83662.01%32,16915,94166.87%33.13%
Limerick County67,59262.45%24,44817,64458.08%41.92%
Longford–Westmeath89,66559.30%30,87622,11358.27%41.73%
Louth106,18465.89%46,42923,33366.55%33.45%
Mayo91,37762.09%32,28724,28757.07%42.93%
Meath East67,75565.61%30,68613,65269.21%30.79%
Meath West65,65162.94%26,34314,85063.95%36.05%
Offaly66,12064.71%24,78117,90858.05%41.95%
Roscommon–Galway63,15865.70%23,67717,70957.21%42.79%
Sligo–Leitrim95,95461.08%34,68523,73059.38%40.62%
Tipperary113,54663.84%42,73129,51659.15%40.85%
Waterford83,10764.30%37,01616,29669.43%30.57%
Wexford110,49466.27%49,93423,06968.40%31.60%
Wicklow99,06274.48%54,62918,93174.26%25.74%
Total3,367,55664.13%1,429,981723,63266.40%33.60%

Analysis of results

The turnout of voters, at 2,159,655, was the highest thus far in any Irish constitutional referendum. This beat the previous record, which had been held by the 2015 marriage equality referendum, by 209,930 votes.

Results by regionAll four regions voted Yes, ranging from 57.5% Yes for Connacht-Ulster to 75.5% for Dublin.
Regional Results[129]
RegionVotesProportion of votes
YesNoYesNo
Connacht–Ulster61.3%224,270166,05857.5%42.5%
Dublin65.7%433,255140,93475.5%24.5%
Leinster (excluding Dublin)64.7%399,487200,27666.6%33.4%
Munster64.0%372,969216,36463.3%36.7%
Total64.1%1,429,981723,63266.4%33.6%
By ageAccording to exit polls by The Irish Times[130] and by RTÉ,[131] every age group voted Yes, except those aged 65 and over, with the highest Yes vote being from the youngest age groups. The details were:
Age groupYes No
Irish TimesRTÉIrish TimesRTÉ
18 to 2487%87.6%13%12.4%
25 to 3483%84.6%17%15.4%
35 to 4974%72.8%26%27.2%
50 to 6463%63.7%37%36.3%
65 and over40%41.3%60%58.7%
By genderAccording to the exit polls,[130] [131] both genders voted Yes, with women doing so somewhat more heavily than men. The details were:
GenderYesNo
Irish TimesRTÉIrish TimesRTÉ
Female70% 72.1%30%27.9%
Male65%65.9%35%34.1%
By urban-ruralAccording to the exit polls,[130] [131] both urban and rural voters voted Yes, with urban voters doing so more heavily than rural ones. The details were:
Urban-RuralYesNo
Irish TimesRTÉIrish TimesRTÉ
Urban71%72.3%29%27.7%
Rural60%63.3%40%36.7%

Reactions to the result

Ireland

Yes sideTaoiseach Leo Varadkar said: "I think what we've seen today really is the culmination of a quiet revolution that's taken place in Ireland for the past 10 or 20 years. This has been a great exercise in democracy, and the people have spoken. The people have said we want a modern constitution for a modern country, that we trust women, and we respect them to make the right decision, the right choices about their own health care."[132]

Tánaiste Simon Coveney said: "For me, the margin of victory is important, but equally important is that there is no Dublin versus the rest or no urban/rural divide – in virtually every part of the country, people have voted in big numbers to allow the government and the Oireachtas to change Ireland for the better."

Orla O'Connor, director of the National Women's Council and co-director of Together for Yes, thanked "Yes" voters, saying: "This is phenomenal. This was a grass-roots, people campaign, and I think what today will show is that this is a people's referendum. Presuming that these exit polls are correct, the public haven't just spoken, this is a resounding roar from Irish people about the horrors of the Eighth and how women should no longer be treated as second-class citizens in our society."

No sideCora Sherlock, of the LoveBoth campaign, said: "This is a very sad day for Ireland, that people have voted for abortion. We need to remember what they have won. All that is being offered is abortion. There has been no talking about why Irish woman travel, what options could have been put on the table."[133]

Declan Ganley tweeted: "I've been thinking about conscientious objection. I will not pay for the killing of Ireland's unborn children, I cannot be a party to it. So, there will need to be a way to exempt conscientious objectors taxes from paying for them in any way, shape, or form."[134]

Catholic Bishop Kevin Doran said: "While the Catholic Church is a family, and nobody ever gets struck off, what I'd say to a Catholic who voted Yes is this: If you voted Yes, knowing and intending that abortion would be the outcome, then you should consider coming to Confession.".[135] This statement caused controversy, leading to former President of Ireland Mary McAleese weighing in to say that baptised voters showed that freedom of conscience trumped the Church's view of mortal sin.[136] [137]

United Kingdom

UK Prime Minister Theresa May contacted Taoiseach Leo Varadkar, and posted to Twitter, saying: "The Irish Referendum yesterday was an impressive show of democracy which delivered a clear and unambiguous result. I congratulate the Irish people on their decision and all of #Together4Yes on their successful campaign."[138] However, she later reiterated her position that abortion is considered a devolved matter in Northern Ireland, and, accordingly, that the UK government would not intervene.[139] This followed a statement from Arlene Foster, leader of the Northern Ireland's anti-abortion DUP, whose votes were needed to give May's Conservative government its parliamentary majority, that the issue should be decided by the Northern Ireland Assembly.[139]

Senior Conservatives, such as Commons Health Committee chairperson Sarah Wollaston and education minister Anne Milton, backed calls for a free vote on the issue, while Labour MP Stella Creasy said she would table an amendment on the matter to the Domestic Violence Bill and said that over 150 parliamentarians had expressed support for the change, and Labour's shadow Attorney General Shami Chakrabarti called the issue a test for May's feminism.[139] May's spokesperson refused to say whether Conservative MPs would be given a free vote in such a "hypothetical" situation, but said that there had been free votes on the abortion issue in the past.[139]

Northern IrelandThe result re-opened the debate about the legality of abortion in Northern Ireland. In all constituent countries of the United Kingdom but Northern Ireland, abortion is legal in many circumstances under the Abortion Act 1967. Abortion in Northern Ireland has historically been considered a devolved matter, to be decided by the Northern Ireland Assembly.[140] In Belfast, a rally took place advocating for the liberalisation of abortion laws in Northern Ireland,[141] where there were calls for the UK government to step in.[142] UK intervention to liberalise abortion laws in Northern Ireland is opposed by the Democratic Unionist Party, then largest party in Northern Ireland and which supported the then-minority Conservative government in the UK.[143]

Elsewhere

Challenge to referendum result

The Provisional Referendum Certificate was signed by Barry Ryan, the Referendum Returning Officer, on 28 May 2018, and published in Iris Oifigiúil on 29 May.[146] [147] Challenges against the validity of the referendum must be brought within seven days of publication.[147] [148]

Three petitions challenging the result were made within the deadline, by Joanna Jordan, Charles Byrne, and Ciarán Tracey. These alleged variously that the Referendum Commission information booklet was biased and that the electoral register was unreliable, with unexplained deletion of older voters' details and failure to delete those of emigrants who were thus able to travel back to vote despite being ineligible.[149] Jordan's unsuccessful petition against the children's rights amendment delayed its enactment from 2012 until 2015. Enactment of the 2015 marriage equality amendment was similarly delayed for three months.[150]

The applications seeking leave to bring judicial review proceedings were heard in the High Court from 26 to 29 June.[151] [152] [153] Tracey withdrew and leave was refused for another man, Diarmaid McConville, to take over his application.[152] On 20 July, Justice Peter Kelly ruled against the other two applicants, saying they had failed to provide prima facie evidence of anything likely to have changed the result of the vote,[154] but left them a week to challenge this in the Court of Appeal.[155] Costs were awarded against both applicants.[156] Byrne did not appeal,[157] while Jordan's appeal was heard on 17 August.[158]

Separately, on 31 July, the Court of Appeal rejected McConville's appeal against the refusal to allow him to take over Tracey's petition application, but gave him time to apply to the Supreme Court,[159] which on 16 August denied him leave to appeal.[160] On 27 August, the Court of Appeal dismissed Jordan's challenge, with Justice George Birmingham stating that "Jordan's assertions were so entirely devoid of substance that we can only conclude they were made with reckless and irresponsible abandon".[161] Before the 31 August deadline,[161] Jordan applied to the Supreme Court for leave to appeal; the court decided on 7 September to refuse to hear the appeal,[162] [163] thus allowing the amendment to be signed into law by President Higgins on 18 September 2018.[2]

Implementing legislation

See main article: Health (Regulation of Termination of Pregnancy) Act 2018. Even though the referendum had been carried, abortion remained "illegal in almost all circumstances until the Oireachtas passes legislation providing otherwise", which the Government originally hoped to introduce into the Dáil in the autumn, and to have passed by the end of 2018.[31] After the referendum, there were calls for the process to be sped up,[164] and health minister Simon Harris said that the bill would be introduced before the summer recess and become law by the autumn.[165] The Irish Times reported on 6 June that the Dáil second stage would begin on 11 July, possibly extending the Dáil term, and that remaining Oireachtas stages would be in September and October.[166] The introduction of legislation was held up until after the processing of the petitions against the referendum result.[162]

Media had speculated before the vote that a narrow Yes majority would encourage No-supporting legislators to obstruct or weaken the legislative provisions compared to the draft published in March.[167] Conversely, media said afterwards that the large majority made such moves unlikely;[168] in particular, Fianna Fáil opponents would not "stand in the way" of the "will of the people".[169]

An updated general scheme of the Health (Regulation of Termination of Pregnancy) Bill 2018 was published by the Department of Health on 10 July.[170] The final text was agreed by the cabinet at a meeting on 27 September and published the same day.[171] Its second reading in the Dáil was introduced by minister Simon Harris on 4 October.[172]

On 5 December, the Health (Regulation of Termination of Pregnancy) Bill passed final stages in the Dáil, where it was approved by 90 votes to 15 (with 12 abstentions). On 13 December, Seanad Éireann approved the bill by 27 votes to 5.

On 20 December 2018, President Michael D. Higgins signed the bill into law, officially legalising abortion in Ireland for the first time for non-life-threatening reasons.

External links

Official:

News:

Notes and References

  1. News: Government can meet timeline to hold abortion referendum – Donohoe . Vivienne . Clarke . 9 March 2018 . 9 March 2018 . . 22 November 2018 . https://web.archive.org/web/20181122135646/https://www.irishtimes.com/news/politics/abortion-referendum/government-can-meet-timeline-to-hold-abortion-referendum-donohoe-1.3420911 . live .
  2. News: Eighth Amendment repealed after bill is signed into law. Fitzgerald. Martina. 18 September 2018. RTÉ News. 18 September 2018. 18 September 2018. https://web.archive.org/web/20180918044748/https://www.rte.ie/news/ireland/2018/0918/994438-cabinet/. live.
  3. Quinlan. John A.. The Right to Life of the Unborn--An Assessment of the Eighth Amendment to the Irish Constitution. BYU L. Rev.. September 1984. 1984 . 3. 371–402 . 11655795 . 22 May 2018. 23 May 2018. https://web.archive.org/web/20180523100818/https://digitalcommons.law.byu.edu/cgi/viewcontent.cgi?article=2735&context=lawreview. live.
  4. O'Sullivan. Catherine. Jennifer . Schweppe . Eimear A. . Spain . Article 40.3.3° and the Protection of Life During Pregnancy Bill 2013: the impetus for, and process of, legislative change . Irish Journal of Legal Studies. 20 July 2013. 1–17.
  5. Web site: Third Annual Report of notifications in accordance with the Protection of Life During Pregnancy Act 2013 laid before the Houses of the Oireachtas. Department of Health. 29 June 2017. en. 22 May 2018. 27 May 2018. https://web.archive.org/web/20180527232259/https://health.gov.ie/blog/press-release/third-annual-report-of-notifications-in-accordance-with-the-protection-of-life-during-pregnancy-act-2013-laid-before-the-houses-of-the-oireachtas/. live.
  6. Web site: Abortion in Ireland: Statistics. Irish Family Planning Association. 22 May 2018. en. 22 May 2018. https://web.archive.org/web/20180522051128/https://www.ifpa.ie/Hot-Topics/Abortion/Statistics. dead.
  7. Web site: How many women in Ireland request abortion pills? How safe are they? Are they illegal?. thejournal.ie. 23 May 2018. 26 May 2018. 26 May 2018. https://web.archive.org/web/20180526161920/http://www.thejournal.ie/abortion-pill-questions-4002257-May2018/. live.
  8. News: Ní Aodha. Gráinne. How Dublin's March for Choice was reported around the world. 22 May 2018. TheJournal.ie. 1 October 2017. en. 23 May 2018. https://web.archive.org/web/20180523100227/http://www.thejournal.ie/march-for-choice-international-media-3624566-Oct2017/. live.
  9. News: Tens of thousands march in support of Eighth Amendment. 22 May 2018. RTE.ie. 1 July 2017. en. 23 May 2018. https://web.archive.org/web/20180523172538/https://www.rte.ie/news/2017/0701/887020-march-for-life/. live.
  10. Web site: Reproductive Healthcare. Labour Party. 5 August 2016. Our plan for the next five years: Hold a referendum to remove Article 40.3.3 (the 8th Amendment) from the Constitution. 5 August 2016. https://web.archive.org/web/20160805182006/https://www.labour.ie/manifesto/reproductive-healthcare/. live.
  11. Web site: Green Party. Reproductive Rights. 5 August 2016. The Green Party supports the holding of a referendum to allow the people of Ireland determine whether or not the 8th Amendment should be repealed.. 19 September 2016. https://web.archive.org/web/20160919162253/https://greenparty.ie/policies/green-party-reproductive-rights-policy/. dead.
  12. Web site: Building a Better Future 2016-2026. Social Democrats. 39. 18 January 2018. 27 March 2016. https://web.archive.org/web/20160327121503/http://astaines.eu/wp-content/uploads/2016/02/Social-Democrats-2016-Building-a-Better-Future-2016-2026-Social-Democr.pdf. live.
  13. Web site: Sinn Féin support the Amnesty Ireland Repeal the 8th Campaign- Lynn Boylan MEP. Sinn Féin MEP Lynn Boylan joined Amnesty Ireland campaigners and her Sinn Féin colleagues outside Leinster House today calling for a referendum to repeal the 8th amendment.. Sinn Féin. 5 August 2016. 16 August 2016. https://web.archive.org/web/20160816161746/http://www.sinnfein.ie/contents/39220. live.
  14. Web site: Workers' Party Manifesto. Workers' Party. 18 January 2018. 12 December 2017. https://web.archive.org/web/20171212140705/http://workersparty.ie/wpmanifesto/. live.
  15. Enright. Mairead. Conway. Vicky. Londras. Fiona de. Donnelly. Mary. Fletcher. Ruth. McDonnell. Natalie. McGuinness. Sheelagh. Murray. Claire. Ring. Sinead. 2015-06-28. General Scheme of Access to Abortion Bill 2015. Feminists@law. en. 5. 1. 2046-9551. 18 January 2018. 1 April 2016. https://web.archive.org/web/20160401084125/http://journals.kent.ac.uk/index.php/feministsatlaw/article/view/174. live.
  16. Web site: Ireland's new leader announces abortion referendum despite Pope visit. 15 June 2017. 4 July 2017. 8 July 2017. https://web.archive.org/web/20170708053901/https://inews.co.uk/essentials/news/world/irelands-new-leader-announces-abortion-referendum-despite-popes-visit/. live.
  17. Web site: Government appoints Chairperson to Citizens' Assembly. MerrionStreet.ie. 27 July 2016. 5 August 2016. 15 August 2016. https://web.archive.org/web/20160815010741/http://www.merrionstreet.ie/en/News-Room/Releases/Government_appoints_Chairperson_to_Citizens_Assembly.html. live.
  18. Web site: Final Report on the Eighth Amendment of the Constitution. Citizens' Assembly. 29 June 2017. 21 January 2018. 4 December 2017. https://web.archive.org/web/20171204190631/https://www.citizensassembly.ie/en/The-Eighth-Amendment-of-the-Constitution/Final-Report-on-the-Eighth-Amendment-of-the-Constitution/Final-Report-on-the-Eighth-Amendment-of-the-Constitution.html. live.
  19. News: McGreevy. Ronan. Why did Citizens' Assembly take liberal view on abortion?. 22 May 2018. The Irish Times. 30 June 2017. 23 May 2018. https://web.archive.org/web/20180523172548/https://www.irishtimes.com/news/social-affairs/why-did-citizens-assembly-take-liberal-view-on-abortion-1.3138280. live.
  20. Web site: Committee on the Eighth Amendment of the Constitution. Oireachtas. 22 May 2018. en-ie. 8 May 2018. 23 May 2018. https://web.archive.org/web/20180523100012/https://www.oireachtas.ie/en/committees/32/eighth-amendment-constitution/. live.
  21. Web site: Joint Committee on the Eighth Amendment of the Constitution. Report. Oireachtas. 22 May 2018. y. §§2.19–2.24, 2.37–2.40. December 2017. 23 May 2018. https://web.archive.org/web/20180523095733/https://data.oireachtas.ie/ie/oireachtas/committee/dail/32/joint_committee_on_the_eighth_amendment_of_the_constitution/reports/2017/2017-12-20_report-of-the-joint-committee-on-the-eighth-amendment-of-the-constitution_en.pdf. live.
  22. Web site: Simon . Harris . Speech by Mr Simon Harris TD, Minister for Health – Report of the Joint Committee on the Eighth Amendment of the Constitution – Dáil Éireann . Department of Health . 17 January 2018 . 20 January 2018 . In 2016, 3,265 Irish women travelled to the UK alone and we know that Irish women travel to other countries like the Netherlands too. . 21 January 2018 . https://web.archive.org/web/20180121071412/http://health.gov.ie/blog/speeches/speech-by-mr-simon-harris-td-minister-for-health-report-of-the-joint-committee-on-the-eighth-amendment-of-the-constitution-dail-eireann/ . live .
  23. News: Shona . Murray . Fianna Fáil leader Micheál Martin backs repeal of the Eighth Amendment . . 18 January 2018 . 20 January 2018 . Following a long period of reflection and assessment of evidence before the Oireachtas Committee, I believe that we should remove the Eighth Amendment from Bunreacht na hÉireann and I will vote accordingly . 21 January 2018 . https://web.archive.org/web/20180121071342/https://www.independent.ie/irish-news/politics/fianna-fil-leader-michel-martin-backs-repeal-of-the-eighth-amendment-36504489.html . live .
  24. Web site: M (Immigration - Rights of Unborn) -v- Minister for Justice and Equality & ors: Judgements: Courts Service of Ireland. Courts Service of Ireland. 14 March 2022. 23 May 2018. https://web.archive.org/web/20180523102121/http://www.courts.ie/Judgments.nsf/0/2CA87FAB5FD004FF8025824A00329063. live.
    Web site: Statement re. M & ors -v- Minister for Justice and Equality & ors [2018] IESC 14: Judgements & Determinations: Courts Service of Ireland]. Courts Service of Ireland. 22 May 2018. 23 May 2018. https://web.archive.org/web/20180523103242/http://www.courts.ie/Judgments.nsf/0/90885E9539F501F780258250005A2922. live. ; News: O'Donnell. Orla. Unborn 'does not have' inherent constitutional rights. 22 May 2018. RTE.ie. 7 March 2018. en. 28 May 2018. https://web.archive.org/web/20180528140525/https://www.rte.ie/news/2018/0307/945560-supreme-court-rights-of-unborn/. live.
  25. News: Thirty-sixth Amendment of the Constitution Bill 2018. 9 March 2018. Houses of the Oireachtas. 9 March 2018. https://web.archive.org/web/20180309182907/http://www.oireachtas.ie/viewdoc.asp?DocID=37936. live.
  26. Web site: Policy Paper on Regulation of Termination of Pregnancy. 9 March 2018. 9 March 2018. 10 March 2018. https://web.archive.org/web/20180310073950/http://health.gov.ie/blog/publications/policy-paper-on-regulation-of-termination-of-pregnancy/. live.
  27. News: Varadkar rules out Coveney's two-third majority plan on abortion. Bardon. Sarah. Vivienne. Clarke. Marie. O'Halloran. 26 March 2018. The Irish Times. 28 March 2018. 29 March 2018. https://web.archive.org/web/20180329054234/https://www.irishtimes.com/news/politics/varadkar-rules-out-coveney-s-two-third-majority-plan-on-abortion-1.3441754. live.
  28. News: Simon Coveney's plan for 'legal lock' on abortion law in tatters. Ó Cionnaith. Fiachra. Daniel. McConnell. Juno. McEnroe. 28 March 2018. Irish Examiner. 28 March 2018. 28 March 2018. https://web.archive.org/web/20180328104843/https://www.irishexaminer.com/ireland/simon-coveneys-plan-for-legal-lock-on-abortion-law-in-tatters-468838.html. live.
  29. News: Six things to know about the abortion Bill. 27 March 2018. The Irish Times. 28 March 2018. 29 March 2018. https://web.archive.org/web/20180329120913/https://www.irishtimes.com/news/politics/oireachtas/six-things-to-know-about-the-abortion-bill-1.3442528. live.
  30. Web site: General Scheme of a Bill to Regulate Termination of Pregnancy. 27 March 2018. Department of Health. 28 March 2018. Dublin. 29 March 2018. https://web.archive.org/web/20180329121111/http://health.gov.ie/wp-content/uploads/2018/03/General-Scheme-for-Publication.pdf. live.
  31. News: Harris aims for Bill on abortion to pass before end of year. 24 May 2018. The Irish Times. 26 May 2018. 27 May 2018. https://web.archive.org/web/20180527201501/https://www.irishtimes.com/news/politics/harris-aims-for-bill-on-abortion-to-pass-before-end-of-year-1.3506253. live.
  32. Ireland. Dáil Debates. Thirty-sixth Amendment of the Constitution Bill 2018: Second Stage. Dáil Éireann. 9 March 2018.
  33. Ireland. Dáil Debates. Thirty-sixth Amendment of the Constitution Bill 2018: Committee and Remaining Stages (Continued). Dáil Éireann. 21 March 2018.
  34. News: Abortion referendum to go ahead following Dáil vote. 21 March 2018. 22 March 2018. Sarah. Bardon. Marie. O'Halloran. Michael. O'Regan. The Irish Times. 22 March 2018. https://web.archive.org/web/20180322092346/https://www.irishtimes.com/news/politics/oireachtas/abortion-referendum-to-go-ahead-following-d%C3%A1il-vote-1.3435008. live.
  35. News: Micheál Martin 'furious' after 'five or six' TDs lead Fianna Fáil rejection of 8th Amendment vote. Loughlin. Elaine. Juno. McEnroe. 23 March 2018. Irish Examiner. 23 March 2018. 23 March 2018. https://web.archive.org/web/20180323033946/https://www.irishexaminer.com/ireland/micheal-martin-furious-after-five-or-six-tds-lead-fianna-fail-rejection-of-8th-amendment-vote-468632.html. live.
  36. News: Ministers to have freedom on Eighth Amendment vote. Ó Cionnaith. Fiachra. 15 January 2018. Irish Examiner. 23 March 2018. 24 March 2018. https://web.archive.org/web/20180324041734/https://www.irishexaminer.com/ireland/ministers-to-have-freedom-on-eighth-amendment-vote-465795.html. live.
  37. Web site: KildareStreet.ie . Dáil debates . 21 March 2018 . 23 March 2018 . Thirty-sixth Amendment of the Constitution Bill 2018: Second Stage (Resumed) .
  38. Web site: KildareStreet.ie . Dáil debates . 21 March 2018 . 23 March 2018 . Thirty-sixth Amendment of the Constitution Bill 2018: Committee and Remaining Stages . 10 May 2020 . https://web.archive.org/web/20200510220458/https://www.kildarestreet.com/debates/?id=2018-03-21a.508 . live .
  39. Web site: KildareStreet.ie . Dáil debates . 21 March 2018 . 23 March 2018 . Thirty-sixth Amendment of the Constitution Bill 2018: Fifth Stage . 24 September 2021 . https://web.archive.org/web/20210924110424/https://www.kildarestreet.com/debates/?id=2018-03-21a.463 . live .
  40. News: Latest: Abortion Referendum Bill passes all stages in the Dáil . Irish Examiner . 21 March 2018 . 23 March 2018 . 24 March 2018 . https://web.archive.org/web/20180324041705/https://www.irishexaminer.com/breakingnews/ireland/latest-more-than-half-of-ff-tds-vote-against-holding-8th-amendment-referendum-833515.html . live .
  41. Forty-one on second stage, plus Simon Coveney on final stage
  42. Twenty on second stage, plus Seán Fleming and Charlie McConalogue on later stages
  43. Nineteen on second stage, plus Dessie Ellis and Kathleen Funchion on later stages
  44. Web site: Sinn Féin TD suspended after defying party line on abortion - Independent.ie. McQuinn. Cormac. 21 March 2018. Irish Independent. 23 March 2018. 21 March 2018. https://web.archive.org/web/20180321221200/https://www.independent.ie/irish-news/abortion-referendum/sinn-fin-td-suspended-after-defying-party-line-on-abortion-36730217.html. live.
  45. A technical group of the four Independents 4 Change party members plus three Independents
  46. A technical group of two parties
  47. A technical group of independents
  48. Excluding Seán Ó Fearghaíl, who as Ceann Comhairle votes only in the case of a tie.
  49. Web site: Thirty-sixth Amendment of the Constitution Bill 2018: Second Stage. 27 March 2018. Seanad debates. KildareStreet.com. 28 March 2018. 5 February 2021. https://web.archive.org/web/20210205105338/https://www.kildarestreet.com/sendebates/?id=2018-03-27a.128. live.
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  51. News: Referendum on repealing the Eighth Amendment to be held on Friday 25 May. Finn. Christina. 28 March 2018. TheJournal.ie. 28 March 2018. 28 March 2018. https://web.archive.org/web/20180328193144/http://www.thejournal.ie/referendum-abortion-2-3928550-Mar2018/. live.
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  53. News: Taoiseach to launch campaign for pro-repeal FG members. Sarah Bardon Political Reporter. Irish Times. 17 April 2018. 21 April 2018. Taoiseach Leo Varadkar is to launch a campaign for Fine Gael members in favour of repealing the Eighth Amendment. Mr Varadkar and a number of senior Ministers will hold an event this weekend outlining why they believe people should vote "Yes" in the forthcoming referendum on the Amendment. … The decision may cause some friction within the party, as there are many Fine Gael TDs and Senators who are opposed to repealing the Constitutional provision, which places the life of the unborn on an equal footing to the life of the mother. Fine Gael cannot adopt an official party position because members have been afforded a freedom of conscience vote on issues to do with the referendum.. 21 June 2018. https://web.archive.org/web/20180621152015/https://www.irishtimes.com/news/politics/taoiseach-to-launch-campaign-for-pro-repeal-fg-members-1.3464898. live.
  54. Web site: Taoiseach says Yes vote will put compassion at centre of laws. Dyane Connor. Dyane Connor. RTÉ. 21 April 2018. 21 April 2018. The Taoiseach was joined by some party colleagues to launch the Fine Gael 'Vote Yes' campaign today.. 21 April 2018. https://web.archive.org/web/20180421161834/https://www.rte.ie/news/eighth-amendment/2018/0421/956174-referendum/. live.
  55. News: 'We still wrong women in Ireland today': Fine Gael launch referendum campaign. TheJournal.ie. 21 April 2018. 21 April 2018. Taoiseach Leo Varadkar was joined by ministers, TDs, senators, and councillors calling for a Yes vote in the referendum.. 21 April 2018. https://web.archive.org/web/20180421174108/http://www.thejournal.ie/fine-gael-vote-yes-campaign-3970947-Apr2018/. live.
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  61. News: Savita's father calls for repeal as campaigns target undecided. Holland. Kitty. The Irish Times. 20 May 2018. 21 May 2018. 21 May 2018. https://web.archive.org/web/20180521193230/https://www.irishtimes.com/news/social-affairs/savita-s-father-calls-for-repeal-as-campaigns-target-undecided-1.3501906. live.
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  154. News: High Court refuses challenge to referendum result. Sandra Hurley. 20 July 2018. 21 July 2018. RTÉ News. President of the High Court, Mr Justice Peter Kelly said the applicants did not demonstrate prima facie evidence of matters likely to have a material effect on the referendum result as a whole.. 20 July 2018. https://web.archive.org/web/20180720195123/https://www.rte.ie/news/courts/2018/0720/980073-high-court-referendum-result/. live.
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  166. News: Abortion law reform to be much sooner than expected. 29 May 2018. 2 June 2018. The Irish Times. Fiach Kelly, Deputy Political Editor. Simon Harris says Bill will be tabled before summer and sent to President by autumn. 29 May 2018. https://web.archive.org/web/20180529113813/https://www.irishtimes.com/news/ireland/irish-news/abortion-law-reform-to-be-much-sooner-than-expected-1.3511855. live.
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