Association of Catholic Lawyers of Ireland
Third Floor, 2 Brook Street, Co Derry.
Phone 02870835914

PRESS RELEASE
6TH June 2008

Lawyers Claim Glaring Legal Loophole Puts Unborn Child In Ireland In Danger Under The Lisbon Treaty.

In a statement issued today the Association of Catholic Lawyers of Ireland have claimed that the Unborn Child will be vulnerable under the new Lisbon Treaty.

Regarding the assurances that the “Yes” campaign have given, the ACLI state:

“They want us to accept that something called “Protocol 35” will afford the Irish Unborn Child as much protection as it currently enjoys.

What is forgotten by all those who are satisfied by this is that without the Criminal Law protecting the Unborn Child, that is, The Offences Against the Person Act 1861, s.58 and 59, the Constitutional Protection alone may be rendered practically useless.”

The statement goes on to say:

“Put simply, the Irish Government have only sought to protect half of the protection which our Unborn Children rely on. It has neglected the protection of our Criminal Law which in practice prevents abortion.”


Protocol 35 states attaches the eighth amendment to the Lisbon Treaty. However it does not require the European Union to actually ensure the protection of the Unborn Child in Ireland.

The ACLI warn that as criminal legal powers are being handed over to the EU under the Lisbon Treaty, and the real protection for the Unborn Child is  in the Criminal Law making abortion illegal, the Irish risk having their criminal law struck down by Europe.

Johanna Higgins of the ACLI further states  “This is a loop hole that you could literally drive several  horse and carriages through. The Irish Government have failed to protect the Criminal Law which actually protects the Unborn Child. All the constitution does is puts a responsibility on the Government to do just that, ensure the child is protected.”

The Lawyers are claiming that the Eighth amendment only makes sense within the Irish Constitution, and can only be upheld if the Irish Constitution is supreme in Ireland, which it will not be under the Lisbon Treaty, which will supersede the laws of all its member states.

Geraldine Foley explains further: “ The Eighth amendment is an instruction to the Irish Government to protect the Unborn Child. The legal authority for the Criminal Law is not based in the Eighth amendment. Alone and out of context, the eighth amendment cannot suffice to maintain the protection of the Unborn Child.”

For full statement go to:           
http://catholiclawyersblog.wordpress.com/


END


Notes to Editor:
,
Association of Catholic Lawyers of Ireland
Co - Founders

Mrs Johanna Higgins LLB, Inn of the Court of Northern Ireland, The Kings Inns, Dublin and the Inner Temple, London, Barrister.
Legal Adviser to the All Party Pro Life Group, Stormont

Mrs Geraldine Foley LLB, The Kings Inns, Dublin and the Inner Temple, London, Barrister.

http://catholiclawyersblog.wordpress.com/


Previous Publications: “Briefing Paper on the DHSSPS Draft Guidelines. 2007”

 

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