The Cabinet is unlikely to take a position on a Bill allowing for abortions in the cases of fatal foetal abnormalities.
It is understood Taoiseach Enda Kenny had agreed the move, which will allow Independent Ministers a free vote.
Speaking at the North-South Ministerial Council meeting in Dublin yesterday, the Taoiseach said he could not force the independent members of Cabinet to vote a certain way.
Mr Kenny said: “There are five members of the Cabinet who are not members of my own party so therefore they are not subject to any whipping arrangements in this regard.”
However, all Ministers and Ministers of State agreed to collective Cabinet responsibility in response to any Opposition Private Members’ Bills or motions.
Minister for Transport Shane Ross, Minister of State at the Department of Health Finian McGrath and Minister of State at the Department of Jobs John Halligan have all confirmed they will vote in favour of the legislation proposed by Independents4Change TD Mick Wallace.
This is despite the Attorney General Máire Whelan insisting it contravenes article 43.3 of the Constitution, which places the life of the unborn on an equal footing with the life of the mother.
Supreme Court
Mr Ross said the Bill could be declared unconstitutional by the Supreme Court only.
He said: “I don’t see this is as an issue of defying anyone. It is not binding us in the programme for government. I believe there are issues when collective Cabinet responsibility is important, but not on this issue.”
Mr Kenny had resisted calls for a vote of conscience insisting the Government had committed to addressing this issue in the programme for government.
Minister for Social Protection Leo Varadkar said the decision could set a dangerous precedent.
He said it was right to be compassionate but it was wrong to be false, insisting Mr Wallace’s Bill would not solve the dilemma many women faced.
“I don’t see any reason to vote for a law that is unconstitutional because it can never become law or change anything for anyone,” Mr Varadkar said.
“It potentially sets a difficult precedent for ministers down the line, particularly Independent ministers, there are times you can’t do things because it’s against legal advice and if you’re willing to disregard the advice of the Attorney General on one thing, inevitably you’ll come under pressure on a plethora of things to do the same. I think that will make their job as Independents hard,” Mr Varadkar added.
Downplayed
Mr Varadkar and Minister for Finance
Michael Noonan
both downplayed the decision to allow the Independent members of government a free vote yesterday.
Mr Noonan said it did not spell trouble for the Government insisting it was a once-off.
A final decision is to be made at the Cabinet meeting this morning and a vote for the Bill is to take place on Thursday.
It will have the support of the Independents4Change, the Social Democrats, the Green Party and Sinn Féin.
The Labour Party will abstain in the vote.
A number of Fianna Fáil TDs are expected to back Mr Wallace's Bill, including the party's health spokesman Billy Kelleher, Longford-Westmeath TD Robert Troy and Limerick TD Niall Collins.
However, it will lose in the Dáil due to Fine Gael and a large majority of Fianna Fáil voting against it.
The two other members of the Independent Alliance, Kevin "Boxer" Moran and Minister of State at the Office of Public Works Seán Canney, Minister for Children Katherine Zappone, who campaigned to repeal the Eighth Amendment, and Minister for Communications Denis Naughten have accepted the advice of the Attorney General.
