The Labour TD who voted against the government on the abortion laws last night says our parliament should not be legislating in the middle of the night.

Clare Deputy Michael McNamara cast his vote against the whip on the issue of fatal foetal abnormalities just before 5am this morning.

The Labour party was quick to explain it was a 'mistake'.

Deputy McNamara has told Clare FM says he was confused but wants to see the issue of fatal foetal abnormalities addressed in the future.

And he feels he should not have been in the position of casting a vote in the early hours of the morning.