Enda Kenny (Mayo, Fine Gael) | Oireachtas source

The EPSEN Act, which Deputy Rabbitte raised as well, has been raised by Deputy Martin before. I will come back to him on it, if I may.

The Constitutional Convention recommended that the social, cultural and economic rights be progressively realised. The programme for Government says this should be referred to the Committee on Housing, Planning and Local Government for consideration.

However, it did make specific reference to the fact that if we put such provisions into the Constitution and made them recognisable by the courts, it would create very particular and complicated problems.

I will come back to Deputy Martin on the EPSEN Act. In fairness, he has raised the matter previously.

The point made by Deputy Seán Barrett is interesting. The fact is that this House is elected by all the people, irrespective of who they vote for. The Constitutional Convention, however, was never a decision-making body. It was an opportunity for people from throughout the country to make recommendations. Those recommendations might be accepted by the House or they might not. It was not the case that those involved decided we should hold a referendum on a particular subject. Many of the recommendations made by the Constitutional Convention were not accepted. It did not necessarily follow that there would be a referendum. There was a referendum in the case of marriage equality and in a number of other instances where it was accepted by the Government of the day. On those occasions, the relevant matter was debated and a referendum followed. Obviously, a citizens' convention does not take over from the primacy of the elected representatives of the House.

There is no wording for a proposal to have a referendum on the right to vote for those over 16 years of age. There is a commitment to hold a referendum on blasphemy, but the question is rather technical.

The question of women was raised as well. The Tánaiste and Minister for Justice and Equality set out the position on her Department's website on 27 October last. Article 41.2 was examined by the Convention. The second report of the Convention refers to how 41.2 relates to carers in the home and not just mothers. There is also reference to carers beyond the home and reference to how the State should be able to offer a reasonable level of support to ensure carers would not be obliged by economic necessity to engage in labour. An amendment to the Constitution to include an explicit provision on gender equality is referenced, as is an amendment to the Constitution to include gender-inclusive language throughout the text.

These points were subsequently examined by a task force of officials under the Department of Justice and Equality and the group produced a report. The report is on the website. No timing has been decided on as of yet in respect of a referendum on this matter. The Tánaiste will bring forward propositions for the Government to consider regarding the proposed approach to be adopted. Once the matter has been approved by the Government, the Tánaiste will follow through with the general scheme of a referendum Bill, which will set out the arrangements for the referendum and the wording.

The Citizens' Assembly is under way at the moment to consider a particular issue in respect of the eighth amendment. It will also examine a number of other matters that have been delegated to it.

Deputy Adams raised the question of Northern Ireland. I have answered it. We have to consider anything in this regard in the context of the Good Friday Agreement, with which Deputy Adams is familiar.

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