The Tánaiste says no legislation surrounding abortion in cases of fatal foetal abnormalities will be constitutional so long as the eighth amendment to the constitution remains in place.

Joan Burton's comments come after the Dáil voted down legislation by 104 votes to 20 put forward by Deputy Clare Daly.

“My understanding is that in order to have constitutionally proper legislation the eighth amendment is an impediment to that,” Ms Burton said.

Ms Burton says the Government had to take the advice of the Attorney General.

“We did not advise that people vote for it, in fact the advice to us at the time was that it was going to raise enormous problems - it did and it will continue to do so, and it will be for the people to address that again,” she added.

Labour TD Anne Ferris has now lost the party whip after rebelling against the coalition and voting for the measure. Ferris said she felt she had no choice but to vote against the government.

“I feel bad having voted against my own party and the government on this but it’s an issue very close to my heart and I could not but have supported Clare Daly’s bill,” Ferris said.

“We are forcing them to go to England to have terminations of a much wanted and much loved baby. I think that is really, really wrong. That service should be available in this country,” she added.