A third legal attempt to halt the abortion referendum will be heard by the High Court tomorrow.
Mr Justice Kearns yesterday allowed Dr Michael Forde SC, representing Mr Patrick Doherty, Cootehill, Co Cavan, to bring at short notice an application for an injunction restraining the holding of the referendum on March 6th. The judge directed the application to be heard tomorrow by Mr Justice Kelly.
In his proceedings, Mr Doherty is claiming the 25th Amendment of the Constitution (Protection of Human Life in Pregnancy) Bill 20002 is repugnant to Article 46 of the Constitution, which stipulates how the Constitution may be amended.
He claims the Bill purports to amend Article 46 by dis-applying it and by also introducing substantive amendments. This, he contends, cannot be done simultaneously but requires at least two steps. Mr Doherty is also seeking a declaration that the Bill conflicts with Article 46 and that the outcome of any referendum which proceeds on March 6th would be null and void.
