Ahern tactic rescues FF from abortion debacle

BERTIE AHERN has handled the latest abortion controversy skilfully within his parliamentary party and, contrary to public opinion…

BERTIE AHERN has handled the latest abortion controversy skilfully within his parliamentary party and, contrary to public opinion, intends to act on the issue if elected Taoiseach.

After a shaky start, when his justice spokesman John O'Donoghue challenged his authority on the most sensitive social issue in Irish politics for 15 years, he emerged with a policy to straddle all strands in the party and take him through the election campaign.

That was no mean achievement given the panic Mr O'Donoghue's public support for an abortion referendum unleashed in Fianna Fail.

His solo run on RTE installed abortion high on the political agenda for the forthcoming campaign, split the front and back benches of the parliamentary party, opened the door to intensive lobbying from an ever-ready Pro-Life Campaign and threatened transfers, even Dublin seats, in the election.

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Mr Ahern's initial response to Mr O'Donoghue did little to control the panic.

In a confused interview on RTE on Sunday, he did not commit himself to a referendum beyond recognising the "great pressure" in the State to hold one and that the legal position following the Supreme Court judgment in the X case was "untenable".

Most front-benchers were seething with anger with Mr O'Donoghue going into their weekly meeting on Tuesday.

No one wanted a repeat of 1992, another election hijacked by abortion, coming within weeks. That was the only item on which there was unanimity at the meeting.

Mary O'Rourke, Charlie McCreevy and Jim McDaid were the only members totally opposed to another referendum. Most of the front bench, from Mr O'Donoghue and Dermot Ahern, who would be firm supporters of the Pro-Life Campaign, to Sile de Valera and Michael Woods, seemed open to a new referendum.

Among the others, even members such as Brian Cowen and Noel Dempsey were scared of the politics of the issue.

Most members left the meeting, according to some sources, believing that a new wording could be found to meet the medical and legal complexities of abortion.

The front bench was in total disarray when it tried to communicate its position to the media.

The initial statement, framed by committee, raised further questions when it reiterated the party's "total opposition to abortion" and pledged to "take necessary action" when its five-member expert group reported.

Instead of containing the controversy, the statement caused further difficulties.

Did the party not agree with the Supreme Court's decision in the X case? Did the party not agree that the mother had an equal right to life to the unborn? What "necessary action" was required and in what form would it be taken?

The briefing of political correspondents by Dr Rory O'Hanlon, chairman of the parliamentary party, and Dr Jim McDaid compounded the difficulties. The party was "unanimously" opposed to abortion.

The door was left open for another referendum, thereby inviting Pro-Life campaigners to camp on Fianna Fail doorsteps. What was most ominous was that the position of the mother, who could have a real and substantial risk to her life, received only a passing reference. Nothing seemed to have been learned from the medical and legal perambulations over 15 years of abortion referendums.

To add to the chaos, it also emerged that two anti-abortion activists, Prof John Bonnar and Dr Patricia Casey, were members of the five-member expert group advising the party. The other names were confidential. But, one senior source said apologetically, the front bench had decided to add "a woman with an active womb" to the committee.

The Fianna Fail leader took until Wednesday before he was decisive on the issue. He told his parliamentary party, and repeated on RTE, that there were two possible options open to any incoming Government to legislate for the Supreme Court judgment or to frame a new referendum and accompanying legislation.

On a cynical level, he did the old Fianna Fail thing by playing to the two opposing constituencies, the so-called liberal one of legislation and the conservative one of holding out a new, obviously more restrictive, referendum. He also tried to move the party away from the Pro-Life Campaign by immediately rejecting its new wording outlawing "induced abortion".

There is another level to Mr Ahern's apparent prevarication, however. Unlike the three Coalition leaders, he firmly intends to address abortion if he is in Government.

What is not known about Mr Ahern is that he has been studying the medical and legal implications of the X case since the Abortion Information Act was passed in 1995. He has had private meetings with medical consultants and senior counsel.

At one such meeting in November the idea of using Article 27 of the Constitution for any necessary legislation on abortion was first canvassed. Article 27 which has never been used, provides for the reference of a Bill to the people.

The majority of the members of Seanad Eireann and not fewer than one-third of the members of Dail Eireann may, by joint petition, request the President to decline to sign and promulgate as a law any Bill on the ground that its contains a proposal of such national importance that the will of the people thereon ought to be ascertained".

Geraldine Kennedy

Geraldine Kennedy

Geraldine Kennedy was editor of The Irish Times from 2002 to 2011