The Fourteenth Amendment of the Constitution Act 1992 (previously

bill Bill(s) may refer to: Common meanings * Banknote, paper cash (especially in the United States) * Bill (law), a proposed law put before a legislature * Invoice, commercial document issued by a seller to a buyer * Bill, a bird or animal's beak Pla ...

no. 26 of 1992) is an

amendment An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change for better. Amendments can add, remove, or update parts of these agreements. The ...

to the

Constitution of Ireland The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the fundamental law of Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democracy, is broadly within the traditi ...

which specified that the protection of the right to life of the unborn does not limit the right to distribute information about services in foreign countries. It was approved by

referendum A referendum (plural: referendums or less commonly referenda) is a Direct democracy, direct vote by the Constituency, electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a Representative democr ...

on 25 November 1992 and signed into law on 23 December of the same year. On 25 May 2018, a referendum was passed to replace the current provisions on the right to life of the unborn, on travel and on information with a clause allowing legislation on the termination of pregnancy.

Background

The

Society for the Protection of Unborn Children Society for the Protection of Unborn Children is an anti-abortion organisation in the United Kingdom which also opposes assisted suicide and abortifacient birth control. History and support SPUC was formed in 1966 amid parliamentary debates ...

had successfully obtained two injunctions affecting the availability of information on abortion services outside of the state. In ''Attorney General (Society for the Protection of Unborn Children (Ireland) Ltd.) v Open Door Counselling Ltd. and Dublin Wellwoman Centre Ltd.'' (1988), an injunction was granted restraining two counseling agencies from assisting women to travel abroad to obtain abortions or informing them of the methods of communications with such clinics, and in ''Society for the Protection of Unborn Children (Ireland) Ltd. v Grogan'' (1989), an injunction was granted restraining three students' unions from distributing information in relation to abortion available outside the state. The Fourteenth Amendment overturned these judgments and allowed for information on abortion under terms regulated by law. On the same day, two referendums were held in response to aspects of the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

decision in the X Case decided in March 1992: the Twelfth Amendment which would have excluded the risk of suicide as grounds for an abortion, which was defeated, and the Thirteenth Amendment, to permit travel outside of the state to obtain an abortion, which was approved. These three referendums were held on the same day as the 1992 general election.

Changes to the text

Insertion of a new paragraph in Article 40.3.3º: The subsection relating to abortion had originally been added with the Eighth Amendment in 1983. With the approval of the Thirteenth Amendment and the Fourteenth Amendment, the full text of Article 40.3.3º read as the follows:

Oireachtas debates

A previous amendment to the constitution had been proposed in a

private member's bill A private member's bill is a bill (proposed law) introduced into a legislature by a legislator who is not acting on behalf of the executive branch. The designation "private member's bill" is used in most Westminster system jurisdictions, in wh ...

by Labour Party TD

Brendan Howlin Brendan Howlin (born 9 May 1956) is an Irish Labour Party politician who has been a Teachta Dála (TD) for the Wexford constituency since 1987. He previously served as Leader of the Labour Party from 2016 to 2020, Minister for Public Expendit ...

on 12 May 1992. This proposed to insert the following subsection after Article 40.3.3º: This was defeated at Second Stage the following day by 62 votes to 67. The Fourteenth Amendment was proposed in the Dáil by

Minister for Justice A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Justi ...

Pádraig Flynn Pádraig Flynn (born 9 May 1939) is a former Irish Fianna Fáil politician who served as European Commissioner for Social Affairs from 1993 to 1999, Minister for Industry and Commerce and Minister for Justice from 1992 to 1993, Minister for th ...

on 21 October 1992. It was passed in the Dáil on 22 October and in the Seanad on 30 October. It then proceeded to a referendum on 25 November.

Result

Aftermath

The legislation anticipated by the Fourteenth Amendment was provided for in the Regulation of Information (Services Outside the State For Termination of Pregnancies) Act 1995. This bill was referred by the President to the Supreme Court prior to its enactment, which upheld it as constitutional, having assigned counsel to argue that it provided inadequate protection to the life of the unborn, and counsel to argue that it provided inadequate protection to the rights of a woman. It was found to be constitutional and signed into law on 12 May 1995.

Repeal

On 25 May 2018, the

Thirty-sixth Amendment of the Constitution Bill 2018 The Thirty-sixth Amendment of the Constitution of Ireland (previously bill no. 29 of 2018) is an amendment to the Constitution of Ireland which permits the Oireachtas to legislate for abortion. The constitution had previously prohibited abortio ...

was passed by referendum. After it was signed into law, it replaced the previous text of Article 40.3.3º with the following text:

References

External links

Fourteenth Amendment of the Constitution Act 1992Referendum (Amendment) (No. 2) Act 1992
* ttp://www.irishstatutebook.ie/en/constitution/index.html Full text of the Constitution of Irelandbr>Oireachtas Debates: Fourteenth Amendment of the Constitution Bill 1992
{{Abortion in the Republic of Ireland 1992 in Irish law 1992 in Irish politics 1992 referendums 14 14 14 14 November 1992 events in Europe 1992 in women's history Amendment, 14