The bill was drafted by the Government and then introduced by it into the
Oireachtas or parliament. After both Houses of the Oireachtas passed it, it was signed into law by the President.
Draft In January 2013, the
Oireachtas Joint Committee on Health and Children held three days of discussions with interest groups on the government's plans. The meeting was held in the chamber of the
Seanad, rather than a committee room, to allow more people to attend. Journalist
Stephen Collins commented that it was an unusual and positive step to hold such a discussion before the drafting of a bill by the
Office of the Parliamentary Counsel to Government. Health Minister
James Reilly said in January 2014 that the process had "become now the standard for many bills". The draft of the bill was published in April 2013. The official announcement stated that the provisions of the proposed legislation being published were strictly within the parameters of the X Case. In May 2013, the Oireachtas Joint Committee on Health and Children held three days of discussions on the draft bill with healthcare and legal professionals. Its report was laid before the Dáil on 30 May.
Dáil stages The bill was introduced in
Dáil Éireann, the lower House of the Oireachtas, on 16 June 2013. It was the subject of vigorous debate. From the government parties,
TDs
Terence Flanagan,
Peter Mathews,
Billy Timmins, and
Brian Walsh were expelled from the
Fine Gael parliamentary party on 2 July 2013 after voting against the bill's
second stage in defiance of a
party whip.
Lucinda Creighton was likewise expelled on 11 July for voting against the bill's
report stage; she was also forced to resign as
Minister of State for European Affairs.
Michael McNamara of
Labour also voted against the bill, but the party later explained this had been a mistake. While
Fianna Fáil leader
Micheál Martin favoured the bill, the party's TDs demanded a
free vote, and 13 of 19 voted against. This contributed to media reports that Martin's continued leadership of the party was in doubt. Six
pro-choice technical group TDs voted against the bill:
Clare Daly,
Joan Collins,
Richard Boyd Barrett,
Mick Wallace,
Joe Higgins and
Luke 'Ming' Flanagan. Boyd Barrett criticised the exclusion of fatal foetal abnormality in the bill, which he said “will force women whose pregnancies will inevitably end in tragedy to go full term or travel overseas for terminations". Faced with such a large number, the government decided to let the debate run over the originally allocated time, rather than using a
guillotine motion to curtail it. Such a motion might have prevented discussion of the bill's most contentious sections, thereby increasing controversy. and was adjourned at 5am the following morning. At about 2.40am, as deputies were awaiting a
division,
Tom Barry pulled
Áine Collins, a fellow Fine Gael TD for
Cork East, onto his lap. Barry apologised publicly and was reprimanded by Fine Gael. He admitted having drunk alcohol before the incident but denied being drunk. Some politicians called for an end to the practice of the Oireachtas members' private bar remaining open and serving alcohol whenever Oireachtas business is being conducted. Debate resumed at 5pm that evening, and concluded with the final vote at 12.25am on the morning of 12 July. The bill was finally approved by 127 votes to 31.
Seanad stages Six days were set aside for the bill's passage through the Seanad. It was introduced on Monday 15 July 2013 and passed its second stage the next day by 41 votes to 15. The No voters were: 10 of the 14 Fianna Fáil senators; independents
Feargal Quinn and
Rónán Mullen;
Taoiseach's nominee Mary Ann O'Brien; and
Fidelma Healy Eames and
Paul Bradford, who lost the Fine Gael whip.
Jim Walsh quoted an anti-abortion pamphlet's description of
dilation and evacuation, which the bill's supporters criticised as inappropriate. Fianna Fáil's
Brian Ó Domhnaill claimed that allowing abortions in the case of foetal anomalies would deprive Ireland of future Special Olympics athletes. He also remarked that Down Syndrome babies could be "left to die on sterilised trays". The bill passed its final stage unamended on 23 July 2013, by 39 votes to 14. If the Seanad had rejected or amended the bill, the Dáil would have had to be recalled from its summer recess to consider the Seanad's changes.
Paschal Donohoe suggested Higgins might refer the bill to the Supreme Court under
Article 26 of the Constitution, to test whether it is constitutional. The President is required to summon a meeting of the
Council of State before any referral, and on 24 July he called such a meeting for 29 July. Of the 24 members of the Council, 21 attended. Of the three absentees,
Mary Robinson and
John Bruton both made written submissions; A bill allowed by the Supreme Court under Article 26 can never subsequently have its constitutionality challenged in court. News reports suggested that, for this reason, most members of the Council advised the President not to refer the bill, to allow the Supreme Court to consider it in the light of specific future cases rather than abstract hypothetical cases. Higgins had until 31 July 2013 to either sign or refer the bill; in the event, he signed it on 30 July without referral. ==Debate==