Sinn FΘin has said it will oppose the proposed abortion referendum, according to Mr Caoimhgh∅n ╙ Caolβin. The Cavan-Monaghan TD yesterday voted against the legislation when it passed through its final stage in the Dβil.
He took that position on the Protection of Human Life in Pregnancy Bill 2001, he said, because it was incompatible with Sinn FΘin policy which states: "We accept the need for abortion where a woman's mental and physical well-being or life is at risk or in grave danger."
Mr ╙ Caolβin said the Government's proposals seek to overturn the Supreme Court in the X case and to rule out the risk of suicide as grounds for the legal termination of a pregnancy in the State.
The law, he said, would accept the "reasonable opinion" of medical practitioners that to prevent a real and sustainable risk of loss of a woman's life, a procedure may be carried out which resulted in the ending of unborn life but not where such "reasonable opinion" concludes that the woman's life was at risk by means of suicide.
"It appears to us that this proposal does not, in the words of the current Article 40.3.3, have due regard to the equal right to life of the mother." The party also believed that the constitutional/ legal mechanism being employed in this Bill was possibly unconstitutional.
"The Oireachtas will, if the referendum is passed, be required to pass legislation which it cannot amend without a further referendum. This procedure runs the risk of further lengthy litigation and yet another requirement to put the issues to the people by way of constitutional amendment."
Successive referendums had shown that the Constitution was not the place to deal with the complex issue of abortion, he said.
A spokesman for the Tβnaiste, Ms Harney, when asked the party's position following yesterday's vote, said she was "monitoring the situation closely". She was caught up yesterday, he said, in "focusing her attention on Budget activities".
Ms Harney said in the Dβil in October that the Government had not decided when the referendum would take place. However the Taoiseach, Mr Ahern, had said the previous week it was likely to be held before the end of February.
At that time her spokesman, when asked if there would be an abortion referendum before a general election, said: "I presume there will be, it's contingent on the Bill going through the House."
The legislation was passed by 74 votes to 71.