Enda Kenny (Mayo, Fine Gael) | Oireachtas source

-----to be able to bring Bills before the House. It is right and proper, and it is the Deputy's right to bring a Bill before the House. This is a very sensitive matter and all these cases are quite tragic for the woman, in particular, who is involved, the mother of the unborn child. However, Deputy Daly does not own the Constitution and neither do I. She cannot change the Constitution and neither can I. It is the people's Constitution and it is only they who can change it.

There has been a long-standing position in this country where the advice given by the Attorney General of the day has never been published. Article 15.4 of the Constitution, of which the Deputy is well aware, states quite clearly that it is not lawful for legislators to vote for something which they know is "repugnant" to the Constitution. The Deputy wants to fly in the face of all that, pass a piece of legislation and then have it tested by the Supreme Court. I suggest to Deputy Daly that it is not the way to go. This is a far more serious matter than the sensitive case she mentions. When we speak about the eighth amendment, we are talking about a range of other complicated issues beyond this particular example. When the Deputy asks that something be done, it will not be done in respect of Article 15.4 and this particular issue.

The Deputy is quite entitled to bring forward her Bill under the reform process but she does not own the Constitution. It is the people's Constitution and they are the only party who can change this. The Deputy believes we can introduce legislation contrary to the Constitution and then send it to the Supreme Court but that is not the way to go about business.

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