Enda Kenny (Mayo, Fine Gael) | Oireachtas source

I propose to take Questions Nos. 1 to 3, inclusive, together.

The previous Government responded in the Dáil to all nine reports of the Constitutional Convention. The reports contained 38 recommendations, 18 of which would involve change in the text of the Constitution. The main recommendations for referendums and the response to them were as follows.

In its first report, the convention 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. A recommendation to reduce the voting age to 16 was accepted but a referendum was not held on the matter. There are 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. The 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. A recommendation for a referendum to permit the appointment of non-Oireachtas members as Ministers was not accepted, given that the Constitution already allows the Taoiseach to nominate as Ministers two persons who have not been elected to the Oireachtas but have been nominated to the Seanad. The recommendation that Ministers be required to resign their Dáil seats on appointment to office was not accepted. The convention did not put forward proposals on how the resultant Dáil vacancies might be filled.

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 previous 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 the holding of a referendum. That analysis is ongoing and will be considered by the Government in due course.

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

The seventh report made recommendations relating to Dáil reform, some of which would have involved a referendum. The House will be aware that Standing Orders were amended in January of this year to provide for the direct election of the Ceann Cornhairle by secret ballot and the selection of Oireachtas committee chairs on a proportional basis using the D’Hondt system. Both these steps were in line with recommendations made by the convention and did not require a referendum. The programme of reform in the current Dáil builds on those reforms introduced by the previous Government and reflects many of the recommendations of the Constitutional Convention. The programme for Government commits the Government to a referendum on enhancing the reference to the Ceann Comhairle in the Constitution. The Ceann Comhairle will be glad of that.

As regards the convention’s eighth report, the programme for Government states 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.

The convention's ninth report did not make recommendations for constitutional change. There are no plans otherwise to implement convention recommendations for referenda that were not accepted by the last Government other than as set out in the programme for Government.

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