STATEMENT REGARDING THE STATUS OF THE UNBORN
CHILD IN IRISH LAW AND THE LISBON TREATY
In 1605 there was published in Dublin a proclamation by the then King of England, James 1 , which read:
“It hath seemed proper for us to proclaim, and we hereby make known to our subjects in Ireland, that no toleration shall ever be granted by us. This we do for the purpose of cutting off all hope that any other religion shall be allowed, save that which is consonant to the laws and statutes of this realm”.
In 2008 the Irish Government has put before its people a referendum which seeks to have the subjects of Ireland enslave themselves to a foreign and Godless power. Beneath the yoke of the Lisbon Treaty, which is, in all but name, a European Constitution, enabling a State of Europe, the Catholic culture, and indeed any remnant of Christianity is unlikely to be tolerated.
Those who say that the laws on abortion and other ethical matters will not change are either misinformed or being deceitful.
The Unborn Child
Regarding abortion, the present protection afforded to the Unborn Child in this country rests in the Irish Constitution at article 40.3.3. This cannot be changed without a referendum put to the Irish people. Further protection exists in the Criminal Law which makes Illegal Abortion a criminal offence under the Offences Against The Person Act 1861, punishable by life imprisonment.
Those who want us to say yes to the Lisbon Treaty want us to accept an unclear position with regards to the protection of our Unborn Children.
They want us to accept that the European Union will never change its mind with regard to the assurances it has given Ireland in the past, forgetting that those assurances were given to a Sovereign Nation with its own unshakeable Constitution and a complete hold over its criminal laws. 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 Irish Constitution reads:
“Article 40.3.3 The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.”
Given that the Lisbon Treaty allows the newly formed Union many powers regarding the criminal laws of the member states, what stops the Union from abolishing our criminalisation of those who seek to destroy or attack the Unborn Child? The onus in article 40.3.3 is on the Irish state, not the EU “state”. So, in recognising article 40.3.3, the EU does not assume responsibility for the protection of the Unborn Child. It may no longer be “practicable” for the Irish state to “defend and vindicate that right” when it has handed over criminal legal powers to the EU.
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.
Regarding Criminal Laws in member states, the Lisbon Treaty states:
“Article 67. 3. The Union shall endeavour to ensure a high level of
security through measures to prevent and combat
crime, racism and xenophobia, and through measures
for coordination and cooperation between police
and judicial authorities and other competent
authorities, as well as through the mutual recognition
of judgments in criminal matters and, if necessary,
through the approximation of criminal laws.”
In April 2008 there was passed by the Council of Europe a resolution that abortion was a woman’s right and should be unrestricted. It will only be one further move to call for the decriminalisation of abortion in all member states, for abortion on demand to become a reality in Ireland. It could be argued that the decriminalisation of the anti abortion law in Ireland may be affected without touching the constitutional acknowledgement that the Unborn Child has a right to life.
The fact is that the Lisbon Treaty is uncharted legal territory. It is impossible to say that there will be no effect on the status of the Unborn Child in Ireland, especially given that the majority of our EU neighbours have allowed the abortion of their Unborn Children.
The Lisbon Treaty is riddled with problems on many issues, not least abortion, regarding which the above point is just one example. Further, what think those who would vote “Yes” of their brothers in the North of Ireland? If you regard the EU dangerous enough to require at least the partial protection you have sought for the Unborn Child in the Republic, do you intend then to throw the children of the North to the wolves and expect that this will not affect the whole country?
The Citizens of the North of Ireland, along with the Citizens of the rest of Europe have been denied a vote on this matter. Irish people must consider this, and realise that if they vote “yes” they will be speaking for millions of people without voices, and ironically, if they vote “yes” and undermine the Irish Constitution, which gave them this sole opportunity, they may never vote again on their own future.
Johanna Higgins LLB, Barrister
Geraldine Foley LLB, Barrister
Association of Catholic Lawyers of Ireland
Co Derry
Association of Catholic Lawyers of Ireland
2 Brook Street,
Coleraine,
Co Derry
02870835914
Co - Founders
Mrs Johanna Higgins LLB, Inn of the Court of Northern Ireland, The Kings Inns, Dublin and the Inner Temple, London, Barrister.
Mrs Geraldine Foley LLB, The Kings Inns, Dublin and the Inner Temple, London, Barrister.
http://catholiclawyersblog.wordpress.com/
posted
by
Catholic Family News
MPO Box 743 * Niagara Falls, NY
14302
905-871-6292
CFN is published once a month (12 times per year)
Subscription: $28.00 a year.
Request sample copy