Northern Ireland

Belfast student loses legal bid to vote in abortion referendum

Demonstrators at The March for Choice in Dublin last year. File picture by Tom Honan, Press Association
Demonstrators at The March for Choice in Dublin last year. File picture by Tom Honan, Press Association Demonstrators at The March for Choice in Dublin last year. File picture by Tom Honan, Press Association
By Staff Reporter

A BELFAST student who claimed she should be entitled to vote in next month's abortion referendum in the Republic has lost her application to bring a High Court challenge over the issue.

Róisín Morelli had argued that Irish citizens in the north had a constitutional right to vote in the referendum on the Eighth Amendment.

Her lawyers said the refusal to allow Ms Morelli to vote was contrary to the Irish constitution, the Good Friday Agreement and the European Convention on Human Rights.

However, the High Court refused to grant leave to seek a judicial review and said she did not have an arguable case.

Mr Justice Meenan found that the constitution would have to be amended to allow an Irish citizen living outside the Republic to have a vote in the referendum.

The judge said Article 47.6 of the constitution would have to be amended.

He added that Ms Morelli's case that her constitutional rights would be breached by not giving her a vote fell "well short" of being arguable.

If a citizen living outside the Republic was to have a vote in a referendum it would require an amendment to Article 47.6 of the Constitution, the judge said, adding that the case put forward by Ms Morelli in relation to a breach of her constitutional rights fell "well short" of being arguable.

He also said there were no provisions in the Good Friday Agreement concerning voting entitlements and she could not make any case under that accord.

Judge Meenan also ruled there was no case to argue under the European Convention on Human Rights.

Separately, a former RTÉ journalist has been refused leave to bring a challenge aimed at widening the criteria for postal votes for the referendum.

Michael Fisher, who now works as a reporter in Co Monaghan, will be out of the country on May 25 and wanted permission to bring a challenge against existing rules on postal votes.

Judge Meenan said Mr Fisher did not have an arguable case, adding that such a move would require a change to the law.

Mr Fisher said he had "noted the outcome" and would discuss any further action with his legal team.