Michael D Higgins (Galway West, Labour)

Half of my question was disallowed by the Office of the Ceann Comhairle. In a communication, the Ceann Comhairle stated:

I regret that I have had to disallow the underlined part of the following question tabled by you:

To ask the Minister for Foreign Affairs

The Minister has no official responsibility to Dáil Éireann for advice that is sought or received from the Attorney General.

Although this matter can be pursued elsewhere, I do not agree with the Ceann Comhairle. Perhaps the Attorney General can be asked a question through the Taoiseach.

Turning to the practicalities of this issue, I hope the ongoing talks are a success. My question simply asked the Minister for Foreign Affairs if it is the Government's view that a referendum may be necessary. There are some fundamental issues beyond the finalised text, upon which the Government may have received an opinion. The British-Irish Agreement is lodged in Article 29.7.2° of the Constitution, while the agreement produced by the multi-party talks is attached to the British-Irish Agreement by way of an annexe. I do not have time, nor would it be appropriate at Question Time, to discuss whether the two documents form an integral piece. Is it not possible, on a reading of the Crotty case, to give a straightforward opinion as to whether Article 28, which deals with decision making institutions of this State, is affected in principle by any delegation of executive powers outside the borders of the State? That is a matter upon which one can have a forward opinion, irrespective of the detail of the final outcome of the talks.

It is extraordinary that the Attorney General's opinion, whether it exists, cannot be a matter of accountability. Far more serious, however, is the issue of whether it is possible to have devolved arrangements for decision making which may or may not be affected by Article 28, as understood in the review of the Crotty case, on foot of the fact that the British-Irish Agreement and its annexe, form part of Article 29.7.2° of the Constitution. On that substantial matter, it is surely important to have an opinion to provide a basic orientation on the issue. I hope substantial agreement will be reached on a text.

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