Archbishop leaves Ahern with no easy way out

The impossibility of squaring the political circle on abortion became a stark reality at Leinster House yesterday when the Catholic…

The impossibility of squaring the political circle on abortion became a stark reality at Leinster House yesterday when the Catholic Archbishop of Dublin, Dr Desmond Connell, advised an all-party committee of the need for an absolute ban on abortion and for a new constitutional referendum.

In earlier years the views of the Catholic Hierarchy would have galvanised Oireachtas members. But its political muscle has waned in the face of scandal and the word "consensus", rather than "obedience" has moved to the ascendant. The majority of TDs and senators on the all-party committee were looking for a way out instead of a moral victory.

In that regard they were given some assistance by representatives of the Church of Ireland, the Presbyterians, the Methodists and the Jewish faith, who favoured a variety of legislative approaches to deal with the complexities of the matter, rather than a constitutional amendment.

Even there, however, there were differences in approach and nuance. A Muslim representative favoured a referendum.

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All the churches were agreed on one thing: that human life was precious and should be cherished. After that, cracks appeared as ethical, medical, social and religious aspects were considered.

There was sharp disagreement over what actually constituted abortion, in terms of "double, side or indirect effect", where a mother's life was saved at the expense of the foetus.

The politicians had all been there before. And they had the lumps to prove it. The minefield that embraced obstetrics and religion held no appeal. But they had been catapulted into it by Fianna Fail's opposition shenanigans.

In 1995 Bertie Ahern had opposed Michael Noonan's legislation giving effect to constitutional change on abortion information and the right to travel. And a report by an Expert Committee on the Constitution which favoured legislation for the X case also bit the dust.

After that a special Fianna Fail committee provided a comfort blanket for anti-abortion groups. Its deliberations led to a pre-election undertaking by Mr Ahern to hold a new referendum.

In Government and under pressure to deliver, the Taoiseach embarked on a slow bicycle race.

First there was a thorough examination of the issues by another expert group. A review of its work by a Cabinet sub-committee followed, culminating in the publication of a Green Paper offering seven options.

These were: (I) introduce an absolute constitutional ban; (2) amend the Constitution to restrict application of the X case; (3) leave matters as they are; (4) legislate to reinstate the abortion ban without constitutional change; (5) legislate for abortion as in the X case; (6) revert to the pre-1983 position when abortion was banned under the 1861 Offences Against the Person Act; and (7) allow abortion on grounds beyond those specified in the X case.

Submissions on the Green Paper were invited by the Oireachtas committee and 105,000 were received, including position papers from all the churches. After a considerable amount of winnowing, public meetings with interested parties were held in May.

The committee was about to wrap up its deliberations and draft its report when Brian Lenihan, its chairman, received a coy note from the Catholic bishops inquiring when they were going to be heard in public session.

You could hear engines going into reverse all over Leinster House. The bishops were not to be ignored. Belated invitations were issued to all church leaders.

And they had their day in the limelight yesterday, spelling out in mild and theological tones the complexity of the situation.

As of now, talk of a political consensus is for the birds. The Government and opposition parties are deeply riven.

Fianna Fail, as far as can be established, favours a constitutional referendum based on published legislation. The Progressive Democrats, having once favoured legislating for the X case, have adopted a wait and see attitude.

Fine Gael supports the status quo on the grounds that a referendum would not properly address the complicated issues. And the Labour Party wants to legislate for the X case.

From the wings, three of the four Independent TDs who support the Government are looking for a referendum. Out in front is Mildred Fox.

Harry Blaney wants a decision before the end of the year. And Tom Gildea has not yet imposed a time limit. The only one not agitated by the issue is Jackie Healy-Rae, who says abortion is not a problem in Kerry South.

Even now there is prevarication. The all-party committee is due to report in late September or early October. But instead of its report going directly to Cabinet, the Taoiseach has invited it to report back to the Cabinet subcommittee that produced the Green Paper.

After five years of slow germination, the seeds of division Mr Ahern nurtured from the opposition benches are breaking surface. The Taoiseach might secure the reluctant support of Mary Harney for a legislative or referendum approach. But such a move would alienate at least two of the four Independents on whom the Government relies.

Beaten if he does, damned if he doesn't; the Taoiseach's only option is to keep playing for time.