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President convenes Council of State over abortion legislation

The President is to convene the Council of State to discuss the proposed abortion Bill. The group...
Newstalk
Newstalk

21.25 24 Jul 2013


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President convenes Council of...

President convenes Council of State over abortion legislation

Newstalk
Newstalk

21.25 24 Jul 2013


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The President is to convene the Council of State to discuss the proposed abortion Bill.

The group will meet next Monday to discuss whether the Protection of Life During Pregnancy Bill is constitutional. The outcome of that meeting will likely guide the President in deciding whethar to sign the Bill into law, or to send it to the Supreme Court for a further test. If it's sent to the Supreme Court, it will become the 15th Bill to have its legality tested by the country's highest court.

Given the delicate constitutional situation that led to the X Case ruling, it's perhaps no surprise that a Bill to legislate for X is being given such scrutiny.

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The Council of State is made up of the living former Presidents, the current and former Taoisigh, senior Oireachtas office holders, and the heads of the Supreme and High Court.

The Protection of Life During Pregnancy Bill 2013 was sent to the President to be signed into law on Tuesday after it was passed by the Seanad by 39 votes to 14.

It's the first time the Council of State has met since Michael D. Higgins took office, and the President doesn't have to follow the group's advice if he doesn't agree with it.

If President Higgins does decide to send the Bill to the Supreme Court, it will have 60 days to make its decision - meaning a ruling could be issued any time before the end of September.

If the abortion Bill is referred and upheld by the Court - it can never be challenged on constitutional grounds again by a citizen in the court - and it will automatically become law.

 


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