Students who lost challenge on abortion withdraw appeal

Two students who lost their High Court challenge to the Government's proposed mechanism for amending the Constitution in the abortion referendum have withdrawn their Supreme Court appeal against that decision.

However, the students will not have to pay the costs of the High Court proceedings after Mr Eoghan Fitzsimons SC, for the State, asked the Supreme Court yesterday to vacate an order for costs made against them by the High Court.

In the High Court, Ms Johanna Morris, of Iona Road, Glasnevin, Dublin, and Ms Sian Ní Mhaoldomhnaigh, of Árd Righ Road, Cabra, Dublin, had argued that before the abortion referendum might proceed, the mechanism for amending the Constitution must first be changed.

Rejecting that submission on February 1st, Mr Justice Kelly described the proposed procedure as a "clever drafting device" which was not in conflict with Article 46 of the Constitution.

He said the people were being asked to approve an amendment to the Constitution which made provision for a law relating to abortion as may be set out in a subsequent Act. The amendment was subject to a condition that it would lapse unless the subsequent Act was enacted containing a specific text within a prescribed time. That specific text was set out in the Second Schedule to the Bill [the 25th Amendment to the Constitution (Protection of Human Life in Pregnancy) Bill 2001]. The proposal was being put before the people and they should be given the opportunity to express their view without interference by the court.

The students appealed this judgment to the Supreme Court. When the matter arose yesterday, Mr Fitz-simons said the appeal could be struck out with no order for costs. He also asked that the High Court order awarding costs of that hearing to the State against the students also be vacated.