Taoiseach says abortion poll has no European dimension

The Taoiseach denied that a protocol to the Maastricht Treaty would have to be renegotiated because of the abortion referendum.

Mr Ahern, replying to a series of Opposition questions, also said the referendum would be held in February at the earliest. "January is not the month for any kind of elections, if they can be avoided."

The Fine Gael leader, Mr Michael Noonan, asked if Mr Ahern was aware that his predecessors in government negotiated a protocol to the Maastricht Treaty, effectively to prevent legislation in respect of abortion being imposed by way of secondary legislation from the European Union.

"My legal advice is that while the protocol protects the existing Constitution, in particular Article 40.3.3, this protection would not extend to the new amendment proposed by the Government unless the protocol is renegotiated."

Mr Ahern replied: "I am advised there is nothing in the Government's proposal that has a European law dimension, and it does not affect any area of law in which the European Union or the European Court of Justice has jurisdiction under EU law.

"The terms of the law envisaged by the amendment relate solely to Irish domestic criminal law: defining and prohibiting abortion within Ireland and they are specially drafted to have no effect outside Ireland or on travel to and from Ireland.

"The proposed change to the Constitution does not affect in any way the status of the 17th protocol to the Maastricht Treaty and does not in any way dilute or require any amendment to the protocol or any declaration or action by any other member-state."

Pressed by the Labour leader, Mr Ruair∅ Quinn, to publish the legal advice given to the Government, the Taoiseach said it was not the case that there was one enormous document available.

"Right through the deliberations of the Cabinet sub-committee, the Attorney General gave his advice, both verbally and in writing, on all aspects, and I have that available to me.

"I will give that advice in the form of replies to the very detailed questions which have been asked. I cannot do any more."

Asked by Mr Noonan if the Government would be open to accepting amendments to the Bill, the Taoiseach said that anything improving it would be considered.

Mr Joe Higgins (Socialist Party, Dublin West) said it would be more honest if the Taoiseach presented each woman with a crisis pregnancy with a map of England, and, perhaps, a ferry ticket, because the Government did not want to know anything about them and preferred to shut their eyes to their predicament.