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The Eighth Amendment of the Constitution Bill 1982 was introduced on 2 November 1982 by Minister for Health Michael Woods.The bill introduced by the Fianna Fáil minority government proposed to add Article 40.3.3° to the Constitution, with the wording shown above.
The 2018 amendment replaces Article 40.3.3° of the Constitution, which was added in 1983 and amended in 1992. The bill was introduced to the Oireachtas on 9 March 2018 by the Fine Gael minority coalition government, and completed its passage through both houses on 27 March 2018.
A previous amendment to the constitution had been proposed as a private member's bill by Labour Party TD Brendan Howlin on 12 May 1992. [11] This proposed to insert the following subsection after Article 40.3.3°:
The Government maintained that, as soon as the diagnosis of Trisomy 18 was confirmed, the applicant should have initiated an action in the High Court, pursued if unsuccessful to the Supreme Court, to obtain a declaration that Article 40.3.3 of the Constitution allowed an abortion in Ireland in the case of a fatal foetal abnormality together ...
Article 40.3.3° was inserted into the Constitution in 1983 by the Eighth Amendment of the Constitution of Ireland. The Eighth Amendment recognised "the unborn" as having a right to life equal to that of "the mother". [ 55 ]
The Constitution contained ambiguous provisions (e.g. Article 6 "All powers of government, legislative, executive and judicial, derive, under God, from the people, whose right it is to designate the rulers of the State and, in final appeal, to decide all questions of national policy, according to the requirements of the common good.")
The Twenty-fifth Amendment proposed first to add Article 46.5. This section provided that if the Protection of Human Life in Pregnancy Act were enacted, Article 46.5 would be omitted from every official text of the constitution, and the two new Articles 40.3.4° and 40.3.5° detailed above would be inserted.
A children's rights bill, the Twenty-Eighth Amendment of the Constitution Bill 2007, was introduced by the Fianna Fáil–PD government. The bill sought to replace section 5 of Article 42 with a new Article 42A, which had five sections; the first four broadly matched the amendment eventually enacted in 2015, while the fifth was: [11]