Dáil debates

Tuesday, 4 November 2014

Ceisteanna - Questions (Resumed)

Constitutional Convention Recommendations

4:55 pm

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

I propose to take Questions Nos. 5 to 11, inclusive, together.

The Government has implemented a programme of constitutional reform. There have been six referendums held since we took office, namely, on investigative powers for Oireachtas committees; judges' remuneration; the fiscal stability treaty; children; abolition of the Seanad; and the establishment of the Court of Appeal. Of these, five arose directly from commitments in the programme for Government. It also made a commitment to the establishment of the Constitutional Convention to examine a wide range of other constitutional issues.

Following agreement with the Opposition representatives, the convention was duly established in 2012. It has been a very valuable innovation in our democracy. I commend the members, the chair and the staff involved for their significant contribution. The Government has responded in the Dáil in detail to four of the reports of the convention as follows: to the first report on the voting age and presidential term on 18 July 2013; to the second report on the role of women and women in politics on 10 October 2013; to the third report on same sex marriage on 17 December 2013; and to the sixth report on blasphemy on 2 October 2014.

In response to recommendations made in the first three reports of the convention, we have announced that we will bring forward proposals for referendums on marriage equality, reducing the voting age to 16 years and reducing the eligible age for candidacy for presidential elections to 21. In response to these reports the Government also decided to refer to the relevant Oireachtas committee the question of a constitutional amendment to give citizens a say in the nomination process for presidential candidates. This has been done.

The Government also undertook to consider making Article 41.2 of the Constitution on the role of women gender neutral and including in it other carers within and beyond the home. It undertook to consider amending the Constitution to include the principle of gender equality, as well as the use of gender inclusive language in the Constitution. That work is under way in the Department of Justice and Equality.

A major outcome of the fourth report was that there should not be a change to the electoral system. It recommended the establishment of an electoral commission. The Government announced that it had accepted that recommendation and the preparatory work has commenced in the Department of the Environment, Community and Local Government.

There are a number of other recommendations that do not require a referendum. I should, of course, add that the Government has implemented a range of reforms to the Dáil, including longer sitting times, better opportunities for Members to raise topical issues, changes to committees, the introduction of pre-legislative scrutiny of Bills and the establishment of a proper framework for parliamentary inquiries.

In response to the sixth report of the convention, the Government announced that it would bring forward proposals for a referendum on the removal from the Constitution of the offence of blasphemy. The Government is continuing to work on its response to the remaining convention reports, namely, the fifth report on giving citizens resident outside the State the right to vote in presidential elections, the seventh report on Dáil reform, the eighth report on economic, social and cultural rights and the ninth report which contains the conclusions and final recommendations of the convention.

The Minister for the Environment, Community and Local Government is considering the recommendations on votes for citizens outside the State in co-operation with the newly appointed Minister of State with responsibility for Diaspora affairs.

Work is also under way on the seventh, eighth and ninth reports. These contain a number of recommendations that require consideration throughout a number of Departments. I anticipate the Government will consider all of these remaining reports within the next month and that we will have Dáil debates on each of them before the end of this session. The Government Whip will consult Opposition Members on the timing of these debates, once the Government response is ready for consideration in the Dáil.

In regard to referendums, the Government also intends to hold a referendum on the unified patent court. This follows on an international agreement which will assist business and job creation in Ireland by facilitating cost effective and uniform patent protection throughout the 25 EU member states through a single patent court, with a local division here in Ireland. The Department of Jobs, Enterprise and Innovation is making the necessary preparations for that referendum.

Once all of the remaining reports of the Constitutional Convention have been considered, the Government will make its decision on the timing and number of referendums to be held in 2015.

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