Dáil debates

Wednesday, 18 May 2011

4:00 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)

I believe the Taoiseach answered that question in this House. I do not believe any assurances were given in the context of that issue. As the Deputy will be aware an interview with an unnamed judge was reported in The Irish Times, expressing some concerns with regard to how changes in the Finance Act might affect retiring members of the Judiciary. I have a simple view in this area, which is that there should be no special treatment for any particular group of people and the law should apply equally to everyone. If it gives rise to anomalies that could impact unfairly on individuals or if there are unintended consequences of legislation enacted in this House, those are issues that should be addressed. At this time I cannot provide any further information on that issue beyond saying that there is no change in the law as it stands at the moment.

On the timing of the referendum, as the Deputy will be aware the Government has proposals for a series of referendums to be held and we are considering the practicalities of the extent, if any, to which a referendum may coincide with the presidential election. It is of very great importance in the context of the workings of this House that we have a referendum to address issues arising from the Abbeylara judgment to facilitate committees of these Houses being able to engage in full and proper inquiries. There are issues with regard to a referendum in the context of Members of these Houses being in receipt of information from constituents or other people on matters of public importance and not finding themselves before the courts having to reveal the identity of those who might have furnished them with information that is correct and real.

There is a range of areas, including the work being done preparing for a children's rights referendum. Decisions need to be made on dates when referendums will be held. A substantial amount of work is being done on these issues in the Office of the Attorney General. It is not just a question of publishing a Bill as I did as the Deputy correctly mentioned. There is the need to publish the ancillary legislation through the Department of the Environment, Community and Local Government, which is part and parcel of the process, and putting in place an appropriate referendum commission. These are all issues to the forefront of the Government's attention and when decisions are made on dates, they will be announced.

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