Dáil debates

Wednesday, 25 March 2015

An Bille um an gCúigiú Leasú is Tríocha ar an mBunreacht (Aois Intofachta chun Oifig an Uachtaráin) 2015: An Dara Céim (Atógáil) - Thirty-fifth Amendment of the Constitution (Age Eligibility for Election to the Office of President) Bill 2015: Second Stage (Resumed)

 

2:35 pm

Photo of Tom HayesTom Hayes (Tipperary South, Fine Gael) | Oireachtas source

I thank all Members for their contributions to this debate. As the Minister of State, Deputy Ann Phelan, said this morning, this is a short but important Bill to provide for a referendum to be held in May.

I take this opportunity to address some of the comments that have been made regarding this referendum. It has been suggested that rather than progressing the referendum on candidacy age for the Presidency, the Government should address some of the other recommendations made by the Constitutional Convention. In some quarters, these other recommendations have been portrayed as being more substantial than the proposal to lower the age at which a citizen is eligible for election to the office of President. I do not accept that view. Under the Constitution, the President takes precedence over all persons in the State. A President is required to make significant decisions after issues such as the referral of a Bill to the Supreme Court or dissolution of the Dáil. Taking these facts into consideration, the proposal to reduce the age at which a citizen becomes eligible for election to the office of President must be seen as a significant proposal.

It is true that the Constitutional Convention made other recommendations. However, the impression sometimes conveyed that the Government is not responding to these recommendation is not the case. Let us look at the position in regard to some of those recommendations. We should acknowledge that all of the issues on which recommendations have been made are serious issues with implementation implications that must be considered carefully. Arising from recommendations made in the first report of the Constitutional Convention, the Government agreed to hold a referendum on lowering the voting age to 16 in 2015.

However, it would be premature to proceed with that referendum in May. Consideration must be given to the possible consequences across the policy spectrum of lowering the voting age. These issues were recently debated in this House.

The Government has undertaken to look at the question of the most appropriate wording to be presented to the people arising from the recommendations in the second report of the Constitutional Convention on amending the language in Article 41.2 on the role of women in the home.

It has also undertaken to look at the feasibility of including the principle of gender equality as well as the use of gender-inclusive language in the Constitution. A task force established to look at these issues has completed a draft report which is under consideration at present. Arising from recommendations in the fourth report, the Government has commenced work on the establishment of an independent electoral commission. The Minister of State, Deputy Phelan, referred to this work in her contribution. Arising from recommendations in the fifth report that citizens resident outside the State should have a vote in presidential elections, the Government set out the position announcing our diaspora policy. Together with the Minister of State with responsibility for the diaspora and the Minister for Foreign Affairs and Trade, I will be carrying out an analysis of the practical and policy issues that arise from the recommendations to extend the franchise before any decision on the referendum on that matter is made.

Arising from recommendations in the sixth report on the removal of the offence of blasphemy the Government agreed to have a referendum on an appropriate date in the future after examination of a number of options and the preparation of the required legislation. This work is being carried out. Work is also ongoing on the remaining reports of the convention.

With regard to the Bill before the House, it is interesting to reflect on the number of citizens currently not eligible for election to the Office of President who will become eligible if this Bill is passed and approved by the people in the referendum. Based on the population figures from the most recent census, some 2.27 million people, or 49.5% of the population were 35 years and over. Some 3.27 million people, or 71.2% of the population were aged 21 years and over. On the basis of these figures, some 1 million additional people in the State, or 21.6% of the population, would become eligible for election to the Office of President. This is a very significant number of additional people and it reflects that this is an important amendment that is being put to the people for decision in the referendum in May.

In conclusion, the Government has committed to holding two referenda in May, one on marriage equality and the other on the subject of this Bill. I understand that if either or both of these proposals is accepted by the people, Ireland's Constitutional Convention will be the first ever citizens' assembly of its type to produce bona fide constitutional change.

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