Government holds off setting date for abortion poll because of court case

The Taoiseach and Tánaiste have delayed their decision on the date of the abortion referendum because of a High Court case due…

The Taoiseach and Tánaiste have delayed their decision on the date of the abortion referendum because of a High Court case due to be heard tomorrow.

Two students at Trinity College have taken a case aimed at preventing the Government from setting a date for the referendum until issues relating to how the Constitution should be amended are resolved.

Mr Ahern and Ms Harney had been due to make a decision yesterday on the date, but it is understood that the Government became concerned about making an announcement before the outcome of the case.

According to a Government spokesman there was no legal impediment to making the announcement. The delay was caused, he said, because the Government did not wish to announce the date while the High Court case was being heard.

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He said Mr Ahern and Ms Harney had a discussion yesterday morning ahead of the Cabinet meeting, and some possible dates were mentioned. However, a date will not be agreed or announced until the outcome of the High Court case is known.

It is understood that even in the event of a Supreme Court appeal by the students if they lose the case, the announcement will go ahead.

In the Dáil yesterday the leader of the Labour Party, Mr Ruairí Quinn, asked Mr Ahern if he intended "to add insult to injury by holding polling day on March 8th, which is international women's day".

Mr Ahern said he was sure Mr Quinn was pleased, as he was, that "the medical protections which women are entitled to in this country will be enshrined in the first legislation to deal with this issue since the 1850s."

Ms Harney consulted with parliamentary party colleagues earlier this week to get their views on the referendum. She has said that from the outset the PDs wanted to see the "middle ground" supporting this proposal.

The High Court proceedings have been brought by Ms Johanna Morris, a law student, of Glasnevin, Dublin, and Ms Sian Ní Mhaoldomhaigh, a postgraduate politics student, of Cabra, Dublin. The Minister for the Environment is named as respondent to the action.

Dr Michael Forde SC, for the applicants, said they were not saying that the abortion amendment could not be achieved, but that the mechanism for making amendments to the Constitution should first be changed.