Dáil debates

Tuesday, 18 December 2012

Ceisteanna - Questions (Resumed)

Cabinet Committees

4:40 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael) | Oireachtas source

I am constrained in what I can say because there is a High Court challenge under the provisions of the Referendum Act 1994 and therefore I do not want to say anything in the House that would in any way prejudice that challenge before the High Court. The referendum took place against the background whereby for 20 years it had never reached the point of the question being asked of the people. It was a significant development by the Minister for Children and Youth Affairs working with the Attorney General and the Government to bring it to a point where the people were asked that question. As the Deputy is aware, we have now had four referenda in 18 months. The Constitutional Convention has been established. I accept completely and I respect the decision of the Supreme Court in this matter and the Government will reflect on the issues raised by the Supreme Court in its judgment. Clearly the Supreme Court is the ultimate legal arbiter in terms of the Constitution and the way our legislation is to be interpreted. As there is a High Court challenge under the 1994 Act, I do not want to say anything in regard to the referendum that might in any way be deemed to be or perceived to be prejudicial to the case before the High Court. I would be happy to talk about it afterwards.

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