Joanna Tuffy (Dublin Mid West, Labour) | Oireachtas source

This legislation is unconstitutional. The Bill says that fatal foetal abnormality means a medical condition suffered by a foetus that is incompatible with life outside of the womb. However, the Constitution protects unborn life within the womb. As the legislation would permit termination of life within the womb I believe it is unconstitutional on that ground. One can get involved in theological arguments and fine details, but on its face this legislation is unconstitutional. That is also the advice from the Attorney General.

It is our duty as legislators to legislate within the Constitution. Article 19 prohibits passing legislation which is repugnant to the Constitution in any way. That is our duty as legislators and it is particularly the duty of the Government not to put forward legislation that is unconstitutional. Some of the people who argue for this Bill to be passed would have said, in respect of the legislation regarding the X case, that the Oireachtas had a duty to legislate because the Constitution and the Supreme Court judgment on what the Constitution says required such legislation. On the other hand, they press people to vote for legislation that is unconstitutional.

Ours is not an à la carteConstitution. We must legislate within it. If one wishes to legislate outside the Constitution, the way to do so is by putting forward a proposal-----

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