Dáil debates

Tuesday, 11 February 2014

Ceisteanna - Questions

Referendum Campaigns

4:25 pm

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

The local and European elections will take place in May. Whatever result the people give, their choice will not change the Constitution. It will be a reflection of attitudes towards the Government and political parties and what they stand for at local and European level.

The remit of the Constitutional Convention was extended to the end of March at the request of the chairman because the convention wished to discuss a number of other matters. The Government stated that when the convention submitted its reports, we would consider them and respond within six months. We also stated that if, having considered the individual reports, we were to decide to hold a referendum on one or other of the issues involved, we would indicate a timeline for doing so. We have some experience of holding multiple referendums on one day. We need to be cognisant that if the questions being asked are complicated, it causes confusion for some people.

A question was raised about the structure of the ballot paper for referendums. This issue needs to be addressed in legislation to make it clearer. The Government will respond to the issues raised in each of the reports within the six month period.

It is not feasible to hold a series of referendums to deal with all of the issues on which the Constitutional Convention reflected. However, the Government is committed to holding referendums on same-sex marriage, reducing the voting age to 16 years and reducing the minimum age of candidates in presidential elections to 21 years. The unified patent court is a major issue in respect of the Single Market and one on which we require a referendum. During the Presidency, we were forthright about dealing with many issues related to the Single Market. A unified patent court is one such issue. The theory behind having a unified patent is that an entrepreneur or a business in Dublin which defines a new entity would not have to seek a patent in every country of Europe. For example, a motor car could include 2,000 mechanical parts and obtaining a patent for a new part could be highly complex. This issue has been ongoing for 20 years.

I do not disagree with the Deputy on the length of time the Referendum Commission has to reflect on its duties and responsibilities. I note, however, that in its most recent report, the commission stated that, for the first time, it had sufficient time to reflect on and consider the issue in question. Irrespective of whether the Referendum Commission is set up on a semi-permanent basis, once we decide what will be the likely number of referendums and what issues they will address, we will establish a Referendum Commission in good time and appoint a competent person to oversee it so as to ensure everyone has an opportunity to reflect on the issue.

As I stated, in the case of the referendum on same-sex marriage I hope the discussion will be calm, considered and compassionate and people will listen to each other as the debate will have very divergent views.

The Government will, in good time, inform the House of its decisions and when the referendums are likely to be held. While I have not yet fixed a month or date yet, the spring of 2015 would be an appropriate time. The Minister for Justice and Equality is considering the referendum on the structure of family courts. This is an issue that needs attention because it has drifted for far too long and the current position is not adequate in 2014. It would be in the interests of children in these complex cases to have a family courts system. This matter also requires a referendum.

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