Explainer: How can the Government resolve abortion row?

Q: Why is there a row over abortion at the moment?

Independent4Change TD Mick Wallace tabled a Bill in the Dail this week seeking a change in legislation to allow for abortions in the cases of fatal foetal abnormalities.

In normal circumstances the Government either accepts or opposes a Bill from the Opposition.

However, at its weekly meeting on Tuesday the Cabinet failed to reach agreement on how to vote.Fine Gael opposes the Bill while members of the Independent Alliance are seeking a free vote.

Q: Why is this important?

In the Programme for Government Fine Gael and the Independent Alliance agreed they would adhere to Cabinet collective responsibility.

This means when the Cabinet reaches a decision all Ministers and Ministers of State must accept this position.

Q: What is the problem?

The Attorney General has advised that the Bill is unconstitutional. That means a referendum would be required to allow for abortions in the cases of fatal foetal abnormalities.

None of the Ministers are contesting the advice of the AG.

However, the Independent Alliance is still seeking permission to abstain in the vote in the Dail next week. Only three of the five members; Minister for Transport Shane Ross, Minister of State at the Department of Health Finian McGrath and Minister of State at the Department of Jobs John Halligan - will vote in favour of the Bill. Taoiseach Enda Kenny has refused to allow that.

Q: How will this be resolved?

One side in the argument will have to back down on their position. Here are the options:

1: The Independent Alliance accepts the Government's opposition to the Bill on the advice of the Attorney General.

This seems unlikely. Having publicly declared their desire for a free vote and previously voted in favour of this legislation it will be very difficult for the three Ministers to back down.

2: The Taoiseach allows the Alliance to abstain in the vote on the basis they accept and agree the Cabinet’s decision to oppose the Bill.

This is the most likely outcome. However, this spells trouble in the long-term for the Government. Taking the issue aside, allowing Ministers to abstain or vote against spells a difficult precedent for this Government.

3: Both sides refuse to compromise.

If the Alliance votes against, or abstains, the Government could fall.

Given the difficulties arising from Brexit, a functioning Government is vital and neither side wants an election. This is the least likely outcome but considering the events of the past number of days it cannot be ruled out.

Q: What about the position of the Attorney General?

Despite what you will hear, Máire Whelan’s position is safe. If the Cabinet did not accept her advice she would have to resign.

However, the Alliance accepts her advice and agrees the Bill is unconstitutional. This is more a moral and political argument than a legal one.