Dáil debates

Tuesday, 5 July 2016

Ceisteanna - Questions - Priority Questions

Constitutional Convention Recommendations

3:55 pm

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

The last Government responded in the Dáil to all nine of the Convention on the Constitution's reports. The reports contained 38 recommendations, 18 of which would involve change in the text of the Constitution. I will summarise the convention's main recommendations and the response to them.

In its first report, the convention voted against reducing the presidential term of office but recommended that the age threshold for candidacy in presidential elections be reduced from 35 years. A referendum on this was defeated on 22 May 2015. The convention's recommendation to reduce the voting age to 16 was accepted but a referendum was not held on this matter. There are currently no proposals to proceed with such a referendum.

In the convention's second report, the reference in Article 41.2 of the Constitution to "a woman's life within the home" was considered. A Programme for a Partnership Government commits the Government to holding a referendum on this issue.

In its third report, the convention recommended an amendment to the Constitution to provide for same-sex marriage. A referendum on marriage equality was held on 22 May 2015 and was passed by a majority of 62.1%.

The convention's fourth report made recommendations on the electoral system. The recommendation that the proportional representation-single transferable vote electoral system be retained was accepted, while the recommendation to increase constituency sizes was not. The recommendation to establish an electoral commission was accepted and work on this is continuing. The recommendation that there should be a referendum to permit the appointment of non-Oireachtas members as Ministers was not accepted as the Constitution already allows the Taoiseach to nominate as Ministers two persons who have not been elected to the Oireachtas but who have been nominated to the Seanad.

In respect of the fifth report on amending the Constitution to give citizens resident outside the State the right to vote in presidential elections, the last Government indicated that it was necessary to analyse the full range of practical and policy issues that would arise in any significant extension of the franchise before a decision could be made on holding of referendum. That analysis is ongoing and will be considered by Government in due course. I have asked the Minister of State with responsibility for the diaspora to make this a real priority.

As regards the sixth report on the offence of blasphemy, the programme for a partnership Government says that a referendum will be held on removing the offence of blasphemy from the Constitution.

The seventh report made recommendations relating to Dáil reform. The House will be aware that Standing Orders were amended in January of this year to provide for election of the Ceann Comhairle by secret ballot. Standing Orders were also amended to introduce a system whereby I, as Taoiseach, will appear before the working group of committees twice a year. Provision has also been made for the proportionate allocation of committee chairs using the d'Hondt system. In addition, a sub-committee on Dáil reform chaired by the Ceann Comhairle was established. Also, A Programme for a Partnership Government commits the Government to a referendum on enhancing the reference to the Ceann Comhairle in the Constitution.

As regards the convention's eighth report, A Programme for a Partnership Government states that this report on economic, social and cultural rights will be referred to the new Oireachtas Committee on Housing for consideration of the substantial questions it raises on the balance of rights, proper governance and resources.

Finally, the ninth report deals mainly with the convention's conclusions and recommendations on the convention process and says there was unanimous support for a second convention. The House will be aware that the Government is committed to establishing a citizens' assembly with a mandate to look at a limited number of key issues. There are no plans otherwise to implement convention recommendations that were not accepted by the last Government other than as set out in A Programme for a Partnership Government.

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