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McNamara’s mistake was no accident

This article is from page 4 of the 2013-07-16 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 4 JPG

LABOUR TD Michael McNamara has admitted it was not an accident and that he agreed with the opposition’s amendment to the Protection of Life During Pregnancy Bill 2013, when he voted for it during the early hours of Thursday morning.

He said however that voting for the amendment on fatal foetal abnormalities was a mistake as it could have resulted in loopholes in the bill resulting in it falling, but not because he disagrees with the opposition’s proposal.

On reflection he maintains that he should not have voted for the amendment and it was a mistake due to its timing.

The Clare TD caused uproar during the late night, early morning sitting of the Dáil, when he voted against his own party whip on the amendment on the controversial bill just before proceedings were adjourned at 5am.

“At that time, I didn’t have time to appreciate the potential legal consequences of the decision if it had resulted in a change to the legislation. While the Bill as passed would, in my opinion, almost certainly be found to be Constitutional if referred to the Supreme Court under Article 26, the Constitutionality of a clause including fatal foetal abnormalities would be slightly less certain and under Article 26 an entire Bill is upheld or struck down. Therefore, to conclude the amendment would have been a mistake. Therefore, I realised my vote was a mistake,” he said.

“The government has said it is prevented by the Constitution from legislating for fatal foetal abnormalities. Yet it told the European Court of Human Rights in 2006, it would be Constitutional,” he said referring to the argument the Government made in the D versus Ireland case at the European Court of Human Rights in September 2005.

Miss D claimed her human rights were violated because of the lack of abortion services here. Her baby had been diagnosed with foetal abnormalities so severe it could not live outside the womb. The case was dismissed after the court ruled that the aggrieved individual had not brought an action before the Irish courts, therefore failing to exhaust all domestic avenues open to her.

“I want to see the issue addressed but accepted that would not be part of this bill and I voted with the Government as further amendments on the controversial abortion legislation were debated on Thursday evening, night and into Friday morning,” said Deputy McNamara.

Bernadette DEEGAN
, Ballymacahill, Barefield, Laid to rest in the Ireland Crematorium. May she rest in peace.

Kevin CARR
, 26 Clonbealy, Newport,Tipperary / Shannon. RequiemMass onTuesday at 11.30amat Newport Church, burial afterwards in Rockvale Cemetery Newport. May he rest in peace.

Teresa CARTER
, 30 McHughVillas, Ennis. Laid to rest in Romford Cemetery, Hollymount, Claremorris, Co Mayo. May she rest in peace.

Vera KELLY (née Hassett)
Ashview Court, Sixmilebridge/Ennis. Formerly of Drumbiggle Road, Ennis. Requiemmass on Tuesday at 11amat Sixmilebridge Church, followed by burial in Killeen Cemetery. Family flowers only please, donations, in lieu, if desired, to Milford Hospice. May she rest in peace.

Sean GARRAHY
, 53 College Green, Ennis. Formerly of Carnane Cross, Doolin. Peacefully at home. Laid to rest in the Holy Rosary Cemetery Doolin. Donations if desired to Doolin rescue or Milford Hospice. May he rest in peace.

John (Jack) MCMAHON
, Killenaugh, Carrigaholt. Peacefully at Regina House, Kilrush Laid to rest in Kilballyowen Cemetery. May he rest in peace.

Helen O’SULLIVAN (née Moloney)
, MeadowCourt, Naas, Kildare / Ennis.After a long illness. Helen will be sadly missed by her loving husband Denis, daughters Muireann and Caoimhe, mother-in-lawMary, sisters Mary, Teresa, Brid, Evelyn and Catherine, brothers Christy, Frankie, Paddy, Joe and Sean, brothers-in-law, sisters-in-law, extended family and friends. (Sister of the lateWillie, Martin and Michael, Flannan’sTerrace, Ennis.) Funeral Mass onTuesday after 10amMass at the Church of the Irish Martyrs, Naas to St Corban’s Cemetery, Dublin Road, Naas. May she rest in peace.

Patrick (Pat) DOWNES,
SteelesTerrace Ennis and Castle Park, Kilmihil. Laid to rest in Kilmihil. May he rest in peace.

Marion MACKENNA (née McHALE
), Drogheda/ Clare. Peacefully, at Our Lady of Lourdes Hospital, Drogheda. Laid to rest in Calvary Cemetery. May she rest in peace.

Darragh CURLEY,
Waterdale, Ballybroughan, Cratloe. Laid to rest in Craughan Cemetery. May he rest in peace.

Christina O’NEILL (née Kelly)
, Ballyline, Crusheen, Peacefully. Laid to rest in Kilawinna Cemetery. Donations, if desired, to Cahercalla Community Hospital. May she rest in peace.

Judith MCGANN
, Green Island Lodge, Ballyvaughan. Laid to rest in Ballyvaughan. Donations if desired in lieu to Milford Care centre. May she rest in peace.

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