Sir, - The Government is to be congratulated on its preparation of the green paper on abortion. We, in this country, have become far too fond of tampering with the supposedly immutable provisions of our Constitution. Bunreacht na hEireann, as the fundamental law of the State, provides a basic legal framework with which legislation enacted by the Oireachtas must be compatible. Unfortunately, both the Government and the electorate have increasingly overlooked the essential nature of the Constitution.
The 1992 abortion referendum, and that regarding bail held in 1996, provide examples of misguided attempts to amend the Constitution in reaction to problems which were popularly perceived to exist in those years. Rather than filling the pages of the Constitution with details to cover every eventuality, the government of the day should respond to calls for reform by shaping legislation that both addresses the problem in question and fits into the constitutional framework on which this State is founded.
Without stating a preference for or against abortion, it is possible to say that Article 40.3.3 is a good provision. It lays down rights in a positive way and does not contain the sort of detail that would be inappropriate in the Constitution. Regardless of the stances of the pro- and anti-abortion campaigners today, society is constantly changing, and it is very likely that future events might alter many people's standpoints on such an emotive issue.
Article 40.3.3 makes it clear that we acknowledge the right to life of the unborn, and that such life should be terminated only in certain, exceptional circumstances. The provision is a compromise between those who would outlaw abortion completely and those who would allow abortion on demand. Article 40.3.3 should be left alone as a framework for the law relating to abortion. The details, which have no place in the Constitution anyway, and which we will doubtless want to change all over again as soon as the next "X case" comes along, should be set out clearly and comprehensively in legislation.
Rushing out to amend the constitution is no panacea for the difficulties of a modern society. The green paper on abortion indicates the Government's acceptance that a referendum is not the only way forward. It can only be hoped that its publication will preface a sensible and informed debate. - Yours, etc.,
William Abrahamson, Roebuck Lawn, Clonskeagh, Dublin 14.