The Government will not take a formal position on Mick Wallace’s fatal foetal abnormalities Bill and will “note” the advice from the Attorney General and the Chief Medical Officer on the matter.

The Fine Gael party whip will still be applied to members.

The Cabinet met this morning to discuss its response to the Bill, which would allow for abortions in the cases of fatal foetal abnormalities.

Speaking at the North-South Ministerial Council meeting in Dublin on Monday, the Taoiseach said he could not force Independent TDs in the 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.

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.”

Calls resisted

Mr Kenny had resisted calls for a vote of conscience, insisting the Government had committed to addressing the 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 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.

Mr Varadkar and Minister for Finance Michael Noonan both downplayed the decision to allow Independent Government members a free vote on Monday.

Minister for Communications Denis Naughten said: “The Attorney General has said that this is unconstitutional… the chief medical advisers to the Government said it will have no practical implication for women diagnosed with fatal foetal abnormalities.

“What we need to do is deal with mothers, deal with this issues, very complex issues, in a comprehensive way. And the way to do that is through the citizens’ convention that is proposed and is now going to be fast tracked.”

The Cabinet also discussed a plan to help those in mortgage arrears.

Another item on the agenda is an ownership model for the State’s €500 million subsidised rural broadband network.

Separately, Tánaiste and Minister for Justice Frances Fitzgerald is to seek Cabinet approval today for new legislation to allow gardaí to intercept emails and access the social media accounts of criminal suspects.

Ms Fitzgerald is expected to request consent to make a number of announcements regarding organised crime.

The Minister is to update and expand two outstanding Acts to give the Garda new powers.