Archive for April 6, 2018

On the Eighth Amendment Referendum

Posted in Maynooth, Politics with tags , , , , on April 6, 2018 by telescoper

When I was walking to lunch yesterday I saw that there was some sort of demonstration on the road (the R148) that divides the North and South Campuses at Maynooth University:

It was all a bit confusing as it seemed to be a protest and a counter-protest all in the same place. It turned out after asking a few people that the original demonstration was by a group calling itself the Irish Centre for Bioethical Reform (ICBR), which is  a fringe anti-abortion group that specialises in putting up gory images to make their point. They have been pulling a series of stunts in the area ahead of the forthcoming Referendum on the Repeal of the Eighth Amendment of the Constitution of Ireland, which will take place on 25th May 2018.

The Eighth Amendment introduced Article 40.3.3 into the constitution. This was subsequently amended twice (following referendums) and now reads:

The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.

This subsection shall not limit freedom to travel between the State and another state.

This subsection shall not limit freedom to obtain or make available, in the State, subject to such conditions as may be laid down by law, information relating to services lawfully available in another state.

The counter-demonstration (which seemed to involve more people) deployed the simple device of standing in front of the the ICBR demonstration so their lurid images were hard to see. This is why I couldn’t quite see what was going on as I walked past.

Anyway, for the record, I’ll state that I support the campaign to repeal the Eight Amendment, which effectively prohibits abortion in Ireland. I realise that abortion is an emotive ethical issue for many people, but it strikes me as a new arrival in Ireland that the fundamental thing is that Eight Amendment is basically a muddle, and that it really does not belong in the Constitution anyway. In my opinion it is regrettable that it was ever passed (which it was, after another referendum campaign, in 1983). If the repeal side wins the referendum then the existing Eight Amendment (which is Article 40.3.3) will be replaced with

Provision may be made by law for the regulation of termination of pregnancy.

(Incidentally, that would be the 36th Amendment of the Constitution of Ireland. It is in the drafting and amending of any such provisions that emerge when the ethical issues should be debated. The matter for the referendum is (or should be) simpler than this: it’s just about whether the existing Article should be scrapped.

Incidentally, a number of people have asked me if UK citizens resident in Ireland can vote in this referendum, as Irish citizens resident in the UK could in the Brexit referendum in 2016. The answer to that question is `no’: British citizens in Ireland can vote in local elections, elections to the Dáil, and European Elections (although presumably that will change if the UK leaves the European Union); they cannot vote in any referendum or in the election of the President (which will take place later this year). Irish citizens can vote in every election and referendum.

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