Dáil debates

Tuesday, 6 February 2007

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)

There is no political disagreement on the requirement for a referendum dealing with the zone of absolute defence. This is very important and the point has been made previously.

On the four other propositions, it seems the advice of the All-Party Committee on the Constitution is not being followed. The advice was that one can call a referendum, in an emergency, within a thirty day period but that there should be real, public consultation about changes to the Constitution. I met the Children's Rights Alliance last week and it broadly supports this.

Last year the Taoiseach made a comment on the requirement for a referendum, as he is entitled to do as Taoiseach. We were led to believe the Minister of State with special responsibility for children would have detailed consultations with the Opposition parties. Deputy O'Keeffe, Fine Gael spokesperson on justice, was contacted by the Minister of State last week while he was on his way to Dublin and they had a discussion the following day. The Minister of State also spoke to the Labour Party spokesman. However, as we have no wording to consider, all Fine Gael could discuss this morning at its Front Bench meeting was the intent and objective of the Government.

When one changes the Constitution, unforeseen circumstances may arise. We had rushed legislation in the past, including the nursing homes Bill, and we have had difficulties with other aspects of legislation that arose, never mind the Constitution. Although the Taoiseach says he wants all-party agreement on the matter, his approach flies in the face of the recommendation of the All-Party Committee on the Constitution, which was chaired by Deputy Brian Lenihan and which contended there should be serious public consultation. The world of academia or other sectors may raise very valid questions that are not foreseen by anybody in the political spectrum, as was the case with the BUPA-VHI issue, in respect of which a lacuna in the law has been identified.

If the Taoiseach is to hold the referendum in early March, as he said to Deputy Joe Higgins, he will note that this is only 35 days, or five weeks, from now. In the context of the recommendation of the All-Party Committee on the Constitution, is the matter deemed by the Government to be an emergency? What are the Taoiseach's views on this?

Does the Taoiseach intend to legislate in respect of the private health insurance market, which includes VHI, BUPA and VIVAS?

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