Ireland for Life, an anti-abortion organisation set up to oppose the current anti-abortion referendum, is preparing to lodge a legal challenge this week to the licensing of the morning-after pill Levonelle.
According to its spokeswoman, Ms Mary Thornton, the group's legal team is preparing a submission challenging the decision of the Irish Medicines Board to license the product last year.
The board had initially refused to do so when the product was launched on the European market, on the grounds that it was an abortifacient. This decision was changed when the Government published its proposed constitutional amendment on abortion, which defined pregnancy as following the implantation of the egg in the womb.
On January 21st the solicitor for IFL, Ms Elizabeth Bruton, handed in a letter to the Irish Medicines Board asking it to withdraw the licence as it contravened Article 40.3.3 of the Constitution. She said this Article protected the unborn from the moment of conception. Levonelle appears to act in a number of ways, including preventing the implantation of the fertilised egg in the womb. This makes it an abortifacient, according to IFL.
The letter said that if the board did not withdraw the licence IFL would take judicial review proceedings of its decision. It gave the board a deadline of three days, which expired on Thursday, but Ms Thornton said they were holding off until today in case the letter was in the post. Ireland for Life is based in Galway. She said the case was at an advanced stage.
Even if the papers are lodged this week, it is unlikely that the case would be heard until after the referendum, as it could take up to six months to get a hearing unless it is found to be exceptionally urgent by the court. As it does not have a direct bearing on the referendum, this is unlikely.