Two students today launched a High Court challenge to the proposed abortion referendum.
Trinity College students Ms Joanna Morris, a law student, and Ms Sian Ni Mhaoldomhnaigh, a post graduate politics student, told the court the Government’s proposed mechanism to change the law is unconstitutional.
The students contend that Article 46.4 of the Constitution - "A Bill containing a proposal a proposal or proposals for the amendment of this Constitution shall not contain any other proposal" - will be breached if the proposed Twenty-Fifth Amendment Bill is voted on in its current form.
They argue two separate and distinct amendments to the Constitution are contained within the proposals as well as an amendment to the Offences Against the Person Act 1861, contrary to Article 46.4.
Therefore, the students contend the Government is obliged to hold two referendums, the first to amend Article 46.4 and the second on the proposal to amend the criminal laws of the State with the Protection of Human Life in Pregnancy Act 2002. This piece of legislation has yet to come before the Dáil.
The Government inserted the caveat "not withstanding Article 46.4" as a means of dealing with this issue. The students contend this is insufficient.
If their case is successful it will not cause the proposed abortion referendum to collapse.
However, the Government will be forced to delay announcing the date of referendum and it may obligate the holding of two referendums.
Mr Justice Finnegan adjourned the case pending representation for the State until next Monday.
