Dáil debates

Wednesday, 1 July 2015

12:50 pm

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

Deputy Adams referred to the Civil Debt (Procedures) Bill. The Government is moving because of the body of work done by the Law Reform Commission. The commission set out a great deal of opportunity not to have people sent to jail for small debts and to expand that beyond one particular entity and have it for civil debt. This would apply across the board. I believe that is progressive. That has already being worked upon for a long time and the Government is simply building on that foundation in the form of the Civil Debt (Procedures) Bill before the House. That will proceed.

Deputy Adams also referred to the Thirty-fourth Amendment of the Constitution (Marriage Equality) Bill. We need to be careful here. Deputy Adams spoke earlier about the will of the people. The people expressed their will in a referendum on the question and gave a resounding "Yes" to the question.

I am constrained here in what I say because there is clearly a separation of powers between the Oireachtas and the courts. If Deputy Mac Lochlainn’s Bill, which I am sure is well-intended, were passed or if the Government decided to put its Bill through the House, it would be a direct affront to the independence of the Judiciary. We cannot go there. One could argue whether the people, having decided by vote in a referendum, have expressed their will. People take cases before the court. A case is due on July 30 July. I cannot interfere in that process and I have no intention of doing so.

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