Oireachtas Joint and Select Committees

Thursday, 1 June 2017

Joint Oireachtas Committee on Housing, Planning, Community and Local Government

General Scheme of Thirty-fourth Amendment of the Constitution (Presidential Voting) Bill 2014 [Private Members']: Discussion

9:30 am

Ms Fiona Quinn:

From our perspective, we have some questions about the technical language in the Bill. We wonder why it will be necessary to refer to all citizens of Ireland and not just all citizens, because that would tend to be the terminology used in other Articles in the Constitution. We would also like to know why there is a clause stating "without disqualification due to residency". I understand the convention did not qualify its recommendations in that respect.

We would like to know the intention behind language like "such other persons in the State as may be determined by law". That is an important point from our perspective in terms of an amendment to the Constitution. It is important to be explicit about the change we are making. Any legislation cannot go further than the Constitution allows. It would be interesting to know the rationale for such a clause and the intention behind it. Will the amendment to the Constitution provide for anything further or any changes that may not have been considered in this regard?

From our perspective, we would be interested to know the reason for using the phrase "without disqualification of sex". They are some of the practical, technical and drafting type questions we have. We appreciate this is not Committee Stage and that type of technical discussion would probably happen on that Stage. They are some of the questions we have about the language in the Bill.

In terms of the principle of the Bill, setting aside the technical questions, a constitutional amendment Bill would have to be drafted as part of the process. The language is important. As I said, it is particularly important to be explicit. Once it is decided what question will be put to the people, our view is that it will have to be explicitly provided for in the amendment to the Constitution. That is important for all of us.

The preparation and publication of a constitutional amendment Bill will be one of the key factors in the next step in our process. The decision paper and questions would lead to the drafting of a Bill. In tandem with that would be an electoral (amendment) Bill. Again, that will set out a lot of information the people need and some of the practical considerations. There will be a multistep process and it will be important for us to reach a conclusion before the question is put to the people.

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