Minister for Health Simon Harris has said he is seeking the advice of the Attorney General on the constitutionality of a bill to allow termination of pregnancy in case of fatal foetal abnormalities.
The bill has been tabled by Independents4Change TD Mick Wallace.
The Independent Alliance has sought a free vote on the bill.
Mr Harris said he believes that the current situation was "unacceptable", however he said he wanted to make sure what he supported would be meaningful and constitutional.
He said he would consult his Cabinet colleagues after receiving the advice.
Meanwhile, a Pro Life Campaign spokesperson has described the proposal to set up a Citizens' Assembly to look at the Eighth Amendment as "a pretend process with a pre-arranged outcome".
Taoiseach Enda Kenny yesterday brought a memo to Cabinet to set up the assembly, which will look at a number of issues starting with the Eighth Amendment.
The Eighth Amendment deals with the right to life of the unborn, with equal regard to the right to life of the mother.
Pro Life Campaign spokesperson Cora Sherlock has claimed that in 2013 there were two Oireachtas hearings where expert evidence that abortion did not treat suicidal ideation was ignored which, she said, meant the Labour Party could continue pushing for abortion legislation.
She said the same people are now in charge of the proposed Citizens' Assembly.
To suggest the Citizens' Assembly was anything other than a process that would "push us down the road towards a referendum" is "foolhardy", she said.
No one wants to look at what would happen if the Eighth Amendment was abolished, she said, and no one wants to look at all the good things the Eighth Amendment has brought and all the people that are alive as a result of it.
She said that the UN human rights committee is not the authority on human rights that some people would like to make it out to be.
Minister for Public Expenditure and Reform Paschal Donohoe has said that everyone in Cabinet agreed that the Citizens' Assembly was an appropriate way to deal with many issues, including the Eighth Amendment.
Independent TD and Minister of State for Disability Issues Finian McGrath has said the Independent Alliance has communicated its request for a free vote on Mick Wallace's bill to the Taoiseach.
He said the Alliance would meet later this week to discuss the matter.