Sir, – It is my understanding that Ireland being a constitutional democracy, the decisions and policies of the government must always comply with the provisions of the Constitution.
In that context, I am at a loss to understand how, as reported in The Irish Times (News, December 3rd), the Government can decide that it should compensate a mother, who travelled to England to terminate her pregnancy after being told her baby would die before or shortly after birth, for the non-availability of abortion here in Ireland.
The reason that an abortion was not legally available in this case was because the Constitution protects the right to life of the unborn. No treaty, nor any interpretation of such treaty by any UN committee, can, as I understand it, override the Constitution, unless, as in the case of EU treaties, express provision has been made in the Constitution for it to do so.
In acceding to a demand, ruling or opinion of a UN body to compensate for the non-availability of abortion under the provisions of our Constitution, it would seem that the Government would be acting ultra vires [beyond its legal power].
Furthermore, it would also appear that the Government in doing so desires to anticipate whatever decision the people may make in any future referendum by establishing a fait accompli in favour of a pro-abortion position, and in particular one favouring the abortion of babies that are diagnosed as suffering from life-limiting disorders.
If the Government is indeed acting unconstitutionally in allocating taxpayers’ money in this way, does that not constitute a misappropriation of public funds?
The Government can hardly claim it is acting in ignorance of the constitutional position.
A further concern is that this is being done at a time when the Citizens’ Assembly is meant to be considering these questions in an objective and impartial manner. One feels that decisions of this kind are intended to have an influence on the assembly.
Perhaps the Government might clarify its position?
– Yours, etc,
PETER CARVILL
Sandymount,
Dublin 4.