Enda Kenny (Mayo, Fine Gael) | Oireachtas source

I propose to take Questions Nos. 4 to 7, inclusive, together.

The previous Government responded in the Dáil to all nine reports of the Convention on the Constitution. I will summarise the convention's main recommendations for referenda and the response to them 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 was defeated on this on 22 May 2015. A recommendation to reduce the voting age to 16 was accepted but a referendum was not held on this matter. Deputies will be aware that a Private Member's Bill to reduce the voting age to 16 in local and European elections will be before the Seanad tomorrow night.

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 people other than 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. 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, Deputies will be aware that I recently announced that the Government has decided to hold a referendum to amend the Constitution to allow Irish citizens resident outside the State, including those in Northern Ireland, to vote in Irish presidential elections. Extending the franchise in presidential elections to Irish citizens resident outside the State gives rise to a range of legal, policy and practical issues. To have an informed public debate on this, the Government published a detailed options paper last week to set out the range of options available to give effect to the recommendation of the Convention on the Constitution.

As regards the sixth report, on the offence of blasphemy, the Programme for a Partnership Governmentsays that a referendum will be held on removing the offence from the Constitution.

The seventh progress 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 last year to provide for the direct election of the Ceann Comhairle by secret ballot and the selection of the Chairs of Oireachtas committees on a proportional basis using the d'Hondt system. These steps were in line with recommendations made by the convention and did not require a referendum.

The programme of Dáil reform in the current Dáil builds on these reforms introduced by the previous Government. It reflects many of the recommendations of the Constitutional Convention. Moreover, the programme for a partnership Government commits to a referendum on enhancing the reference to the Ceann Comhairle in the Constitution.

As regards the convention's eighth report, the programme for a partnership Government states that this report, which deals with economic, social and cultural rights, will be referred to the Oireachtas Joint Committee on Housing, Planning, Community and Local Government for consideration of the substantial questions it raises on the balance of rights, proper governance and resources.

Deputies will be aware that a Private Members' Bill to amend Article 45 of the Constitution and insert a provision on the rights contained in the International Covenant on Economic, Social and Cultural Rights was before the House last week.

The convention's ninth report did not make recommendations for constitutional change.

There are no plans otherwise to implement Constitutional Convention recommendations for referendums that were not accepted by the last Government other than as set out in the programme for a partnership Government document.

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