Brendan Howlin (Wexford, Labour)

The amendment approved by Seanad Éireann relates to the draft wording of Article 35.3. This is a technical amendment which removes a superfluous expression, namely, "into law", from the first line of the section in order that it now reads "the enactment of this section". The change preserves the norms generally adhered to in the text of the Constitution.

The shorter phrase is considered more appropriate to describe the coming into operation of the proposed amendment if the referendum is approved by the people. It takes account of the procedures for the making of amendments to the Constitution by way of the enactment of a Bill. If one likes, this is the legislative phase of a constitutional enactment provided for in Article 46. The procedures relating to the submission of a proposal to amend the Constitution by decision of the people in a subsequent referendum are provided for in Article 47.

The Attorney General has advised the Minister for Justice and Equality that the phrase "into law" is tautological and, therefore, not necessary. This deletion was approved yesterday by the Seanad.

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