seamus dubhghaill

Promoting Irish Culture and History from Little Rock, Arkansas, USA


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De Valera’s 1937 Constitution

Éamon de Valera’s new constitution, with its assertions of Ireland as a sovereign 32-county state, and its definition of Catholic morality and “women’s place” is approved on January 14, 1937.

De Valera’s 1937 constitution (Bunreacht na hÉireann) evokes a passionate rebuke of the articles defining the role and rights of women. The aspirations of 1916 had been eroded to the extent that the rights of half of the State’s citizens were reduced and effectively became second-class citizens. In 1936, while formulating the new constitution, Éamon de Valera establishes a civil service committee to assist him. They are all men. He also takes extensive advice from the president of the Supreme Court and the High Court. Both again are men. Archbishop of Dublin, John Charles McQuaid, also heavily influences the final text. There are only three women TDs at the time and none of them say a word in the Dáil debates on the draft.

Women are told that marriage should be their highest aspiration, child rearing their only creative outlet, and that economic dependence their civic duty. That in its turn produces levels of misogyny, emotional sterility and civic immaturity.

Article 41.2.1 becomes famous as ‘a woman’s place is in the home’ statement: “the State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved.”

Many women protest in public and in private during the drafting of de Valera’s constitution. The Irish Women Workers Union, many of whose members had been involved in the 1916 Easter Rising, express outrage. A letter from the secretary to de Valera, quoting the clauses which refer to the position of women says, “it would hardly be possible to make a more deadly encroachment upon the liberty of the individual.” The constitution is accepted and a combination of revisionism and isolationism in the years that follow leave the majority of Ireland’s citizens ignorant of the legacy woman had been denied.

The fundamental principle of the 1916 proclamation, which guaranteed religious and civil liberty, equal rights and equal opportunities to all citizens, echoed by the 1922 Constitution of the Irish Free State, guaranteeing those rights to every person “without distinction of sex,” had been changed.

As commander of the Boland’s Mill outpost in 1916, de Valera had been the only leader to refuse women’s participation in the Rising. As with many of the woman who fought in the Rising, in the same streets where Elizabeth O’Farrell walked through gunfire, now with Article 41 of the Constitution, de Valera closes the door on women’s progress in a more definitive way.


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Northern Ireland Opts Out of the Irish Free State

The six counties of what would become Northern Ireland opt out of the Irish Free State on December 7, 1922 and become a separate political entity with allegiance to England.

The Irish Free State Constitution Act 1922 (Session 2) is an Act of the Parliament of the United Kingdom, passed in 1922 to enact in UK law the Constitution of the Irish Free State, and to ratify the 1921 Anglo-Irish Treaty formally.

As originally enacted, the Irish Free State Constitution Act 1922 consists of a preamble, five sections (three of which are very brief), and a schedule. The schedule is the text of the Constitution of the Irish Free State (Saorstát Éireann) Act 1922, which had been passed in Ireland by the Third Dáil sitting as a constituent assembly and provisional parliament for the nascent Free State. This Irish Act itself has two schedules, the first being the actual text of the Constitution, and the second the text of the 1921 Treaty, formally the Articles of Agreement for a treaty between Great Britain and Ireland.

The Irish Act had been approved by the Irish constituent assembly on 25 October 25, 1922. The bill for the UK Act is introduced by the Prime Minister Bonar Law into the Parliament of the United Kingdom in November 1922. The bill’s third reading in the House of Commons is on November 30. The Act receives Royal assent on December 5, 1922.

On December 7, 1922, the day after the establishment of the Irish Free State, the Parliament of Northern Ireland addresses King George V requesting its secession from the Irish Free State. The address is unanimous, with the abstentionist Nationalist Party and Sinn Féin members absent. The King replies shortly thereafter to say that he has caused his Ministers and the Government of the Irish Free State to be informed that Northern Ireland is to do so.

After the Statute of Westminster 1931, the UK government recognises the right of the Irish government to amend or repeal the UK act, but in fact the Irish government does not do so until it is formally repealed as spent by the Statute Law Revision Act 2007. The Irish government amends the Irish act in 1933 and the 1937 Constitution of Ireland repeals the entire Free State constitution. The UK Judicial Committee of the Privy Council rules in 1935 that the 1933 Act had implicitly amended the UK Act with respect to the jurisdiction of the Free State. The Supreme Court of Ireland has taken the view that the Free State constitution was enacted by the Irish Act, not by the subsequent UK Act. This reflects the view of popular sovereignty rather than parliamentary sovereignty, with the constitution’s legitimacy ultimately springing from the 1922 Irish general election.


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Birth of Justice Catherine McGuinness

Catherine McGuinness (née Ellis), retired Irish judge, is born in Belfast, Northern Ireland on November 14, 1934. She serves as a Judge of the Supreme Court of Ireland from 2000 to 2006, a Judge of the High Court from 1996 to 2000, a Judge of the Circuit Court from 1994 to 1996 and a Senator for the University of Dublin from 1979 to 1981 and between 1983 and 1987. She is appointed by President Michael D. Higgins to the Council of State from 1988 to 1990 and 2012 to 2019.

McGuinness is President of the Law Reform Commission from 2007 to 2009. In May 2013, she is appointed Chair of the National University of Ireland Galway Governing Authority.

McGuinness is educated in Alexandra College, Trinity College Dublin and the King’s Inns. In the 1960s she works for the Labour Party. She is called to the Irish Bar in 1977 at age 42. In 1989, she is called to the Inner Bar.

In 1979, McGuinness is elected as an independent candidate to Seanad Éireann at a by-election on December 11, 1979 as a Senator for the University of Dublin constituency, following the resignation of Senator Conor Cruise O’Brien, taking her seat in the 14th Seanad. She is re-elected at the 1981 elections to the 15th Seanad, and in 1983 to the 17th Seanad, where she serves until 1987, losing her seat to David Norris. She is appointed to the Council of State on May 2, 1988 by President Patrick Hillery and serves until 1990.

McGuinness is appointed a judge of the Circuit Court in 1994, the first woman to hold that office in Ireland. In 1996, she is appointed to the High Court and remains there until her appointment to the Supreme Court in January 2000.

In November 2005, McGuinness is appointed Adjunct Professor at the Faculty of Law, National University of Ireland, Galway. She is also appointed President of the Law Reform Commission in 2005, and holds that position until 2011.

In April 2009, McGuinness is awarded a “Lord Mayor’s Award” by Lord Mayor of Dublin Eibhlin Byrne “for her contribution to the lives of children and families in the city through her pioneering work.” In September 2010, she is named as one of the “People of the Year” for “her pioneering, courageous and long-standing service to Irish society.” In November 2012, she wins the Irish Tatler Hall of Fame Award.

In addition to her judicial career, McGuinness serves on the Employment Equality Agency, Kilkenny Incest Investigation, the Forum for Peace and Reconciliation, the National Council of the Forum on End of Life in Ireland and the Irish Universities Quality Board. In June 2011, she becomes patron of the Irish Refugee Council. In November 2011, she is appointed Chairperson of the “Campaign for Children.”

McGuinness has received honorary doctorates from the University of Ulster, the National University of Ireland, the University of Dublin, the Higher Education and Training Awards Council (HETAC) and the Royal College of Surgeons in Ireland. In February 2013, she accepts the Honorary Presidency of Trinity College, Dublin’s Free Legal Advice Centre.

In January 2014, McGuinness is appointed by Minister for Communications, Energy and Natural Resources, Pat Rabbitte, to chair the expert panel to oversee the preparation of reports on the best underground route options to compare with the Grid Link and Grid West high voltage power lines in Ireland. In March 2015, McGuinness receives an Alumni Award from Trinity College Dublin.

McGuinness is married to broadcaster and writer Proinsias Mac Aonghusa from 1954 until his death in 2003 and has three children. She resides in Blackrock, Dublin.


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Geraldine Kennedy Appointed Editor of The Irish Times

Geraldine Kennedy, Irish journalist and politician, is appointed editor of The Irish Times on October 11, 2002, becoming the first female editor of a national daily newspaper.

Kennedy is born on September 1, 1951 in Tramore, County Waterford. She studies at Dublin Institute of Technology and begins her journalistic career with a regional newspaper, The Munster Express. She moves to The Cork Examiner after less than a year, but spends only a few years there before joining The Irish Times.

On the foundation of the Sunday Tribune in 1980, Kennedy joins it as the paper’s political correspondent. The paper’s publisher, John Mulcahy, had become familiar with her when she had contributed to his journal Hibernia. When the Tribune briefly ceases production, she moves to the Sunday Press.

In 1982, Kennedy’s telephone, along with those of two other journalists, is tapped by former Minister for Justice Seán Doherty. Early in 1987, Kennedy successfully sues the incumbent Charles Haughey-led Fianna Fáil government for illegally tapping her phone. The revelation in 1992 that Haughey had ordered the phone taps leads to his resignation as Taoiseach.

Kennedy stands in the 1987 Irish general election as a candidate for the newly formed Progressive Democrats party in Dún Laoghaire. She comes third in the poll, winning 9.4% of the first-preference vote. She is one of fourteen Progressive Democrats TDs elected to Dáil Éireann in that election — a feat the party never achieves again. She is appointed the party’s spokesperson for foreign affairs. She stands again in the 1989 Irish general election and wins 9% of the first-preference vote but fails to retain her seat.

Following her election defeat, Kennedy returns to The Irish Times, then edited by Conor Brady, whom she had worked with at the Tribune when he was the editor. She avoids party-political journalism for several years, but she returns to covering politics in the early 1990s, and becomes The Irish Times‘ political editor in 1999. She becomes the newspaper’s first female editor upon the departure of Conor Brady in October 2002. One of her rivals for the editor’s chair is the paper’s high-profile columnist, Fintan O’Toole.

Kennedy is paid more than the editor of Britain’s top non-tabloid newspaper The Daily Telegraph, which has a circulation of about nine times that of The Irish Times. Later columnist Fintan O’Toole tells the Sunday Independent, “We as a paper are not shy of preaching about corporate pay and fat cats but with this there is a sense of excess. Some of the sums mentioned are disturbing. This is not an attack on Ms. Kennedy, it is an attack on the executive level of pay. There is double-standard of seeking more job cuts while paying these vast salaries.”

In September 2006, Kennedy approves the publication of an article in The Irish Times giving confidential details of investigations being made into payments purported to have been made in 1993 to Taoiseach Bertie Ahern. She refuses, upon request of the investigating Mahon Tribunal, to provide details of the source of the printed information. She responds that the documents have since been destroyed. Her refusal causes the Tribunal to seek High Court orders compelling her to provide details of the source. On October 23, 2007, the High Court grants the orders compelling her to go before the Tribunal and answer all questions. In its judgment, the High Court, criticising her decision to destroy the documents, says it is an “astounding and flagrant disregard of the rule of law.” In 2009, however, the Supreme Court of Ireland overturns this ruling, holding that the High Court had not struck the correct balance between the journalists’ right to protect their source and the tribunal’s right to confidentiality.

Kennedy announces on March 12, 2011 her intention to retire from The Irish Times by September, after a nine-year term as editor. She actually retires in June, and is succeeded by news editor, Kevin O’Sullivan, who succeeds her as editor on June 23, 2011.

In August 2012, Kennedy is appointed Adjunct Professor of Journalism at the University of Limerick. She has been awarded five honorary doctorates from Irish universities.


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Birth of Hugh Kennedy, Politician, Barrister & Judge

File source: http://commons.wikimedia.org/wiki/File:Hugh_Kennedy.jpgHugh Edward Kennedy, Fine Gael politician, barrister and judge, is born in Abbotstown, Dublin on July 11, 1879. He serves as Attorney General of Ireland from 1922 to 1924, a Judge of the Supreme Court of Ireland from 1924 to 1936 and Chief Justice of Ireland from 1924 to 1936. He serves as a Teachta Dála (TD) for the Dublin South constituency from 1923 to 1927. As a member of the Irish Free State Constitution Commission, he is also one of the constitutional architects of the Irish Free State.

Kennedy is the son of the prominent surgeon Hugh Boyle Kennedy. His younger sister is the journalist Mary Olivia Kennedy. He studies for the examinations of the Royal University of Ireland while a student at University College Dublin and King’s Inns, Dublin. He is called to the Bar in 1902. He is appointed King’s Counsel in 1920 and becomes a Bencher of King’s Inn in 1922.

During 1920 and 1921, Kennedy is a senior legal adviser to the representatives of Dáil Éireann during the negotiations for the Anglo-Irish Treaty. He is highly regarded as a lawyer by Michael Collins, who later regrets that Kennedy had not been part of the delegation sent to London in 1921 to negotiate the terms of the treaty.

On January 31, 1922, Kennedy becomes the first Attorney General in the Provisional Government of the Irish Free State. Later that year he is appointed by the Provisional Government to the Irish Free State Constitution Commission to draft the Constitution of the Irish Free State, which is established on December 6, 1922. The functions of the Provisional Government are transferred to the Executive Council of the Irish Free State. He is appointed Attorney General of the Irish Free State on December 7, 1922.

In 1923, Kennedy is appointed to the Judiciary Commission by the Government of the Irish Free State, on a reference from the Government to establish a new system for the administration of justice in accordance with the Constitution of the Irish Free State. The Judiciary Commission is chaired by James Campbell, 1st Baron Glenavy, who had also been the last Lord Chancellor of Ireland. It drafts the Courts of Justice Act 1924 for a new court system, including a High Court and a Supreme Court, and provides for the abolition, inter alia, of the Court of Appeal in Ireland and the Irish High Court of Justice. Most of the judges are not reappointed to the new courts. Kennedy personally oversees the selection of the new judges and makes impressive efforts to select them on merit alone. The results are not always happy. His diary reveals the increasingly unhappy atmosphere, in the Supreme Court itself, due to frequent clashes between Kennedy and his colleague Gerald Fitzgibbon, since the two men prove to be so different in temperament and political outlook that they find it almost impossible to work together harmoniously. In a similar vein, Kennedy’s legal opinion and choice of words could raise eyebrows amongst legal colleagues and fury in the Executive Council e.g. regarding the Kenmare incident.

Kennedy is also a delegate of the Irish Free State to the Fourth Assembly of the League of Nations between September 3-29, 1923.

Kennedy is elected to Dáil Éireann on October 27, 1923, as a Cumann na nGaedheal TD at a by-election in the Dublin South constituency. He is the first person to be elected in a by-election to Dáil Éireann. He resigns his seat when he is appointed Chief Justice of Ireland in 1924.

On June 5, 1924, Kennedy is appointed Chief Justice of Ireland, thereby becoming the first Chief Justice of the Irish Free State. He is also the youngest person appointed Chief Justice of Ireland. When he is appointed he is 44 years old. Although the High Court of Justice and the Court of Appeal had been abolished and replaced by the High Court and the Supreme Court respectively, one of his first acts is to issue a practice note that the wearing of wigs and robes will continue in the new courts. This practice is still continued in trials and appeals in the High Court and the Supreme Court (except in certain matters). He holds the position of Chief Justice until his death on December 1, 1936 in Goatstown, Dublin.

In September 2015, a biography by Senator Patrick Kennedy (no relation) is written about Kennedy called Hugh Kennedy: The Great But Neglected Chief Justice.


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Pro-Abortion Dutch Ship “Aurora” Sails into Dublin Docks

aurora-the-abortion-shipPro-choice activists sail into Dublin docks aboard the controversial pro-abortion Dutch ship Aurora on June 14, 2001. Although the trawler is equipped to carry out abortions, the purpose of its visit to Ireland is to fuel debate on the need for Irish legislation to provide women with choice.

Abortion is perhaps the last taboo in Irish society. The question of abortion still has the power to unleash emotive arguments among both pro-life and pro-choice camps. The arrival of the Aurora thrusts the issue back into the frontline of public debate.

The 1990s are a time of spectacular change in the Republic of Ireland, where the will of the Roman Catholic church traditionally has had a direct influence on family life. Contraception became widely available and a referendum overturned the constitutional bar on divorce. But abortion on Irish soil remains outlawed in all but the most extreme circumstances. As it stands, a woman is only entitled to have her pregnancy terminated if otherwise she is likely to commit suicide. Pro-choice campaigners call the law hypocritical and point to the fact that every year an estimated 6,300 women travel across the Irish Sea to Great Britain, where they pay up to £1,000 to have the procedure done privately.

The 35-metre ship, a cannibalised Dutch deep-sea fishing boat, is chartered by the feminist action group Women on Waves, with the aim of carrying out abortions on board. A shipping container which has been converted into an abortion clinic, complete with gynaecological chair, has been welded to the deck of the Aurora. The mobile clinic is capable of carrying out 20 operations a day.

Originally, the ship had planned to sail 12 miles out into international waters, where it would carry out the terminations. Once there, doctors on board would also be able to distribute the RU486 abortion pill. But a question mark hangs over the mission after it is revealed that Dutch authorities did not issue the floating clinic with the appropriate paperwork that would allow it to carry out abortions.

While the Aurora‘s voyage makes news beyond Irish shores, reaction among pro-life campaigners in Ireland is mostly muted. Many feel that by keeping quiet they will starve the mission of publicity. But some organisations, such as Human Life International Ireland (HLII), do speak out. HLII has plans to launch what it calls a “Life” boat to shadow the Aurora. Spokesman for the group, David Walshe, says the aim is not to protest but to act as “a non-confrontational witness to the sanctity of human life.”

Until 1983, abortion is outlawed in Ireland under a 19th Century act instituted during British rule. In 1983 a constitutional amendment is enacted that outlaws abortion in all circumstances. But in 1992 the Supreme Court of Ireland pronounces that if a woman were suicidal she would be entitled to a termination. The law has remained largely unchanged since then and the Irish government shows no appetite for tackling the issue head-on.

(From: “Abortion ship in stormy waters,” BBC News Online, June 14, 2001)


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Fidelma Macken Nominated for European Court of Justice

fidelma-mackenFidelma Macken is nominated for the European Court of Justice on July 14, 1999, the first time a woman judge from any member country has reached such a high rank. She serves as a Judge of the Supreme Court of Ireland, the High Court and the European Court of Justice.

Macken (née O’Kelly) is born in Dublin on February 28, 1942. She is educated at King’s Inns and Trinity College Dublin. She becomes a barrister in 1972, practices as legal adviser, Patents and Trade Marks Agents (1973–1979) and becomes a Senior Counsel in 1995.

As a lawyer, Macken specialises in medical defense work and pharmaceutical actions. She acts as defense counsel in a series of cases brought by children against whooping cough vaccine manufacturers for damage allegedly caused by the vaccine. The Supreme Court nominates her to act in three referrals by the President of Ireland querying the constitutionality of new legislation before she becomes a judge.

Macken succeeds John L. Murray as Ireland’s appointee on the European Court of Justice (ECJ) from October 5, 1999 to September 22, 2004. Appointed initially for a five-year term, she is the first female appointee to the European Court of Justice but has her mandate renewed in 2003. She is reappointed a Judge of the High Court on October 18, 2004 on her return to Ireland. She serves as a Judge of the Supreme Court from 2005 to 2012.

Macken has been a lecturer in Legal Systems and Methods and Averil Deverell Lecturer in Law at Trinity College Dublin.


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Discovery of the Derrynaflan Chalice

derrynaflan-chaliceThe Derrynaflan Chalice, an 8th- or 9th-century chalice, is found as part of the Derrynaflan Hoard of five liturgical vessels on February 17, 1980 near Killenaule, County Tipperary. According to art historian Michael Ryan the hoard “represents the most complex and sumptuous expression of the ecclesiastical art-style of early-medieval Ireland as we know it in its eighth- and ninth-century maturity.” The group is among the most important surviving examples of Insular metalwork.

The hoard is probably secreted during the turbulent 10th to 12th centuries, when Viking raids and dynastic turmoil create many occasions when valuables are hidden. The early and later 10th century is marked by a particular concentration of hoarding in Ireland.

Derrynaflan, the site of an early Irish abbey, is a small island of dry land situated in a surrounding area of peat bogs, in the townland of Lurgoe, County Tipperary, northeast of Cashel. The monastery is an important foundation in the period preceding the Viking raids. The present modest ruins of a small Cistercian nave-and-chancel abbey church there, however, date from a later period.

The Derrynaflan Hoard is discovered on February 17, 1980 by Michael Webb from Clonmel and his son, also Michael, while they are exploring the ancient monastic site of Derrynaflan with a metal detector. They have permission of the owners of the land on which the ruins stand to visit the site but they have no permission to dig on the lands. A preservation order had been made in respect of the ruin under the National Monuments Act, 1930, so that it is an offence to injure or to interfere with the site. The discovery is initially kept secret for three weeks.

The behaviour of the Webbs, and nearly seven years of litigation, culminating in the Supreme Court action where they unsuccessfully seek over £5,000,000 for the find, leads to the replacement of Irish laws of treasure trove by the law in the National Monuments (Amendment) Act, 1994, with a new Section 2 being included in the legislation.

The Ardagh Chalice dates from around the same period, perhaps a century earlier, of the Derrynaflan Hoard and is found close by in neighbouring County Limerick. At the time, the ruling dynasty in Tipperary and most of Munster are the Eóganachta, while their longtime allies and possible cousins the Uí Fidgenti rule in the Limerick area. Feidlimid mac Cremthanin, king-bishop of Cashel, who becomes King of Munster in 821 and dies in 847, is a patron of the monastic foundation at Derrynaflan and has been suggested as a possible patron of the chalice.

As a masterpiece of Insular art, the Derrynaflan chalice is included in the exhibition “The Work of Angels: Masterpieces of Celtic Metalwork, 6th–9th Centuries AD” (London, 1989). The Derrynaflan Hoard is donated to the Irish State and the items are now on display in the National Museum of Ireland.


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Eighth Amendment of the Constitution of Ireland Approved

eighth-amendmentThe Eighth Amendment of the Constitution of Ireland, which introduces a constitutional ban on abortion by recognizing a right to life of an unborn child, is approved by referendum on September 7, 1983 and signed into law on October 7 of the same year. It is often referred to as the Irish Pro-Life Amendment.

The amendment is adopted during the Fine GaelLabour Party coalition government led by Garret FitzGerald but is drafted and first suggested by the previous Fianna Fáil government of Charles Haughey. The amendment is supported by Fianna Fáil and some of Fine Gael, and is generally opposed by the political left. Most of those opposed to the amendment, however, insist that they are not in favour of legalising abortion. The Roman Catholic hierarchy supports the amendment, but it is opposed by the other mainstream churches. After an acrimonious referendum campaign, the amendment is passed by 67% voting in favour to 33% voting against.

Under sections 58 and 59 of the Offences against the Person Act 1861, abortion is already illegal in Ireland. However, anti-abortion campaigners fear the possibility of a judicial ruling in favour of allowing abortion. In McGee v. Attorney General (1973), the Supreme Court of Ireland had ruled against provisions of the Criminal Law Amendment Act 1935 prohibiting the sale and importation of contraception on the grounds that the reference in Article 41 to the “imprescriptable rights, antecedent and superior to all positive law” of the family conferred upon spouses a broad right to privacy in marital affairs. In the same year, the Supreme Court of the United States ruled on similar grounds in Roe v. Wade to find a right to an abortion grounded on privacy.

The Pro-Life Amendment Campaign (PLAC) is founded in 1981 to campaign against a ruling in in Ireland similar to Roe. Prior to the 1981 general election, PLAC lobbies the major Irish political parties – Fianna Fáil, Fine Gael, and the Labour Party – to urge the introduction of a Bill to allow the amendment to the constitution to prevent the Irish Supreme Court so interpreting the constitution as giving a right to abortion. The leaders of the three parties – respectively Charles Haughey, Garret FitzGerald, and Frank Cluskey – agree although there is little consultation with any of their parties’ ordinary members. All three parties are in government over the following eighteen months but it is only in late 1982, just before the collapse of a Fianna Fáil minority government, that a proposed wording for the amendment is produced.

The referendum is supported by PLAC, Fianna Fáil, some members of Fine Gael, and the Roman Catholic hierarchy and opposed by various groups under the umbrella name of the Anti-Amendment Campaign (AAC), including Labour senator, and future President of Ireland, Mary Robinson, feminist campaigners, and trade unions.

There is currently a campaign for repeal of the Eighth Amendment in Ireland. This is led by both a coalition of human rights and pro-choice groups and has widespread support from a number of legal academics and members of the medical profession. In the run up to the 2016 general election, a number of parties commit to a referendum to repeal the Eighth Amendment and a group of feminist law academics publish model legislation to show what a post-Eighth Amendment abortion law could look like. In June 2016, Minister for Health Simon Harris states his support for a referendum on repealing the 8th.

On July 27, 2016, the government appoints Supreme Court judge Mary Laffoy as chair of a Citizens’ Assembly to consider a number of topics, including the Eighth Amendment.