Enda Kenny (Mayo, Fine Gael)
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Question 4: To ask the Taoiseach the constitutional referenda he will hold during 2007; and if he will make a statement on the matter. [43872/06]

Enda Kenny (Mayo, Fine Gael)
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Question 5: To ask the Taoiseach the position in respect of the implementation of the recommendations of the Oireachtas All-Party Committee on the Constitution; and if he will make a statement on the matter. [43873/06]

Pat Rabbitte (Dublin South West, Labour)
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Question 6: To ask the Taoiseach if he has plans for the holding of constitutional referenda during the remainder of the lifetime of the 29th Dáil; and if he will make a statement on the matter. [1003/07]

Joe Higgins (Dublin West, Socialist Party)
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Question 7: To ask the Taoiseach if there are constitutional referenda planned for 2007. [1612/07]

Trevor Sargent (Dublin North, Green Party)
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Question 8: To ask the Taoiseach if he will report on planned referenda for 2007; and if he will make a statement on the matter. [2358/07]

Trevor Sargent (Dublin North, Green Party)
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Question 9: To ask the Taoiseach if he will report on the implementation or recommendations of the Oireachtas All-Party Committee on the Constitution; and if he will make a statement on the matter. [2359/07]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 10: To ask the Taoiseach the referenda planned for 2007; and if he will make a statement on the matter. [3722/07]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 11: To ask the Taoiseach if he will report on progress in the implementation of the recommendations of the Oireachtas All-Party Committee on the Constitution; and if he will make a statement on the matter. [3723/07]

Bertie Ahern (Dublin Central, Fianna Fail)
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I propose to take Questions Nos. 4 to 11, inclusive, together.

The Oireachtas All-Party Committee on the Constitution published its report relating to the family on 24 January 2006. The relevant Departments are considering its recommendations. The Government has acted on most of the key recommendations which have emanated from earlier reports of the All-Party Committee on the Constitution. In all, this and the previous Government have brought forward ten referenda.

The Government will avail of appropriate opportunities to take forward further recommendations of the all-party committee. The complexities involved in holding a referendum require that careful consideration be given to the frequency with which referenda can realistically be held and the significance of the issues in question.

On 3 November 2006, I proposed a referendum on the place of children in our Constitution. I requested the Minister of State with responsibility for children, Deputy Brian Lenihan, to initiate a process of consultation and discussion with the Dáil parties and all relevant interest groups. The purpose of the consultation was to achieve consensus on an appropriate wording for an amendment to the Constitution which would reflect the need to establish robust safeguards and protections for children.

Since my announcement, the Minister of State has been engaged in a series of discussions with political party representatives, the Ombudsman for Children, non-governmental organisations, represented by the Children's Rights Alliance, and faith-based groups. Two weeks ago, the Minister of State, Deputy Brian Lenihan, with the agreement of the Government, circulated a briefing document outlining the scope of the proposed amendment and subsequently met representatives of the political parties and relevant groups.

Following the Cabinet's discussion of the amendment last week, a further briefing document was circulated and further consultations took place. At its meeting this week, the Government approved the wording of the amendment. A Bill is now being drafted and will be published next week. In the meantime, the Minister of State awaits the Opposition's response to his second briefing document. As I have said all along, if we can achieve all-party agreement on this matter, I believe we should hold a referendum.

Enda Kenny (Mayo, Fine Gael)
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Everybody has an interest in dealing with the place of children in the Constitution. I previously made the point that to amend the Constitution in any way requires full, thorough and proper discussion with all the parties involved, the Oireachtas and especially the people.

The level of briefing given by the Minister of State with responsibility for children, Deputy Brian Lenihan, has not been as extensive as is being portrayed. That is possibly because he was not in a position to brief as fully as might be necessary his political colleagues in the House. Why have we not been able to get the wording of the referendum this week? The Cabinet approved it yesterday and it will not change between now and next week. Is there some reason the Opposition spokespersons on justice could not have been given the wording this week so they could at least start to get a legal interpretation of its impact, as distinct from what we have been doing, namely, trying to comment on the intent of what the Government has in mind?

Is it intended to put two questions to the people or just one question in the form of the wording that has been passed by the Cabinet — one dealing with the issue of a zone of absolute defence, with which there is no problem, and the second in regard to rights? Will the referendum include a provision to allow soft information to be made available to those involved in the vetting of children and the vetting process? Even though a person may have been accused of improper or illegal behaviour with children, there is no formal provision for the release of that information to employers, boards of management or whatever else. Is that to be included in some way in the referendum also?

Correspondence has begun to increase on the complex area of the balance between parental rights and children's rights. I am sure the Cabinet discussed this matter. Is a reference to this issue included in the wording approved by the Cabinet yesterday?

Bertie Ahern (Dublin Central, Fianna Fail)
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I appreciate the briefing documents did not contain the wording which we finalised only yesterday. A significant amount of debate and consideration took place on the issue, involving the Attorney General and eminent constitutional counsel in this area. We have to do an Irish translation and this will take a few days. The Deputy will be aware that is crucial in a constitutional referendum. The best way of dealing with the matter is for us to put our full proposals into the public domain. I ask the parties to continue discussions with the Minister of State with responsibility for children, Deputy Brian Lenihan. I consider that the best approach as everyone will have the same set of proposals and the issue will be comprehensively discussed.

The Minister of State has tried to provide extensive information in the two memorandums. We will publish them all on Monday. We will not have the Bill, the documents and the Irish translation ready until the weekend and, as I stated, we will put them all into the public domain on Monday when further conversations can continue.

Approximately seven issues are dealt with which relate to problem areas. They may be incorporated in two questions. Obviously, there is the decision of the Supreme Court in the CC case and six other points require to be dealt with also. The points are not all separate ones; some of them are grouped together. We have concluded our work but we are open to hearing the views of others. We have had a good team of eminent people working with us. We will put our case and the discussion can continue.

Enda Kenny (Mayo, Fine Gael)
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I am sure the Taoiseach will agree time is very tight. Reports this morning make clear the referendum cannot be held before Easter. A general election is pending, whenever the Taoiseach decides to dissolve the Dáil. I am sure he does not wish anything to be used as a diversionary tactic on an issue as sensitive as this one. Does the Taoiseach agree, in terms of having a real discussion with all of the people, that the time after Easter between when he can and when he wants to dissolve this Dáil is very tight for the purposes of holding a referendum in accordance with the recommendations of the committee which was chaired by the Minister of State, Deputy Brian Lenihan? I am sure the Taoiseach does not wish to have this issue politicised for whatever reason.

Bertie Ahern (Dublin Central, Fianna Fail)
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No, I do not. That would be the worst of all worlds. I would like if we can agree it and still get it done within the timescale, but if we agree it and cannot get it done within the timescale that would also be an achievement. There are a number of areas involved, some of which should not create great difficulties. The rights of all children are to be recognised and affirmed. Power is to be granted for the State to intervene in respect of all children in all families. Issues remain to be resolved about children who, in the long term, may be adopted after a defined period. Children may be voluntarily placed for adoption. At present, a married couple may not voluntarily place a child for adoption. Difficulties remain around that issue. A new section relates to the fact that a child's best interests are to be secured in certain private proceedings concerning adoption and guardianship. Most of these issues will not create difficulties.

I do not foresee the legal difficulties of any party advisers as being impossible to overcome either. I do not consider the issue of reversing the decision on the CC case will present a difficulty. There may be one or two areas. We will make the wording available and if the parties can engage, complete discussions and agree on it, we can have a referendum. The political groups do not present problems as such; it is the Children's Rights Alliance and the faith-based organisations which would like to deal with this issue that have differences of opinions but this will always be the case. If we can deal with it, we will do so, if not, we cannot do so. I ask parties to try. I will not engage in a row about it. If we cannot do it, we will return to it.

Pat Rabbitte (Dublin South West, Labour)
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I am apprehensive because, like a criminal law measure from the Minister for Justice, Equality and Law Reform, this grows every time we discuss it. There are now seven items in this delicate area. Will the Taoiseach address the matter raised by Deputy Kenny, namely, the balance between parental rights and children's rights? Does the Taoiseach's work with experts lead him to believe that this aspect would have broad support in the community?

Bertie Ahern (Dublin Central, Fianna Fail)
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I have listened to opposing arguments on this matter. In the past 30 years the courts have granted rights to children of unmarried parents under Article 43. These personal rights are the equivalent to the constitutional rights of a child of married parents. The legal team has examined this area and is satisfied with its resolution. In a case like this eminent people are consulted, not just the Attorney General, but there will always be those who take an opposing view, irrespective of the wording or when we hold the referendum. We have made a great effort in respect of this and I would be glad to raise points on this with the legal team.

Pat Rabbitte (Dublin South West, Labour)
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There was a reference in one newspaper to a Government belief that it is not possible to hold the referendum before Easter. Is that the Government's position?

Bertie Ahern (Dublin Central, Fianna Fail)
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Yes, it is not possible to hold the referendum before Easter because of the number of days that remain. Even if we all agreed next week to pass the referendum Bill in the Houses, we could not hold the referendum by Easter.

Joe Higgins (Dublin West, Socialist Party)
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Time is of the essence and the Government is like a patient facing the end and in a panic about several issues that it has not dealt with and must cram in. The Taoiseach mentioned seven issues, of which there are difficulties with two. That does not mean seven separate questions. There are two questions, one of which will encompass a range of those issues.

There are seven weeks to Easter, one of which is taken up with the ministerial diaspora at St. Patrick's Day. In the meantime the Minister for Justice, Equality and Law Reform has published legislation that, even by his standards of hyperbole, has profound implications although not in the way the Minister expects. How is it possible to do justice to the wide-ranging discussion that should take place? It is not possible to hold the referendum before Easter. How is it possible to hold a public discussion, allowing the people to analyse what is proposed, and undertake a serious campaign before the Dáil is dissolved and a general election called? Should the Taoiseach state that it is not possible and adopt a more realistic timescale? All these issues can be more satisfactorily discussed at a later period, no matter who is in Government.

Bertie Ahern (Dublin Central, Fianna Fail)
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Deputy Higgins missed the point. Most of these issues have been discussed ad nauseam. I have been involved in referendum campaigns where public attention was not caught until the campaign was almost over. Those who are interested, including NGOs, professionals and those who have discussed the legal cases, in particular the last one which has been discussed in great detail for the past eight months, have fixed views on it. It is a question of whether we can finalise our work. We should finalise our work, and if it is possible to have a referendum we should have it. Otherwise we will have to return to it. The issues will not change because of a general election. If the Deputy believes people need six months to discuss these matters and will be intrigued by them, that is not the way the world works.

Trevor Sargent (Dublin North, Green Party)
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In other countries there are options in respect of amending the Constitution but in Ireland it is the Taoiseach who calls the shots. He has stated that if we can hold the referendum we will and, if not, we will not. This does not indicate a firm commitment. Is there a date by which time a decision will be made that it is too close to the general election and we must wait until a new Government is formed? The Taoiseach has stated it will not happen before Easter but after Easter people will have to go to polling stations twice in quick succession. Is he prepared to leave a month between bringing people to the polling stations twice? At what point can we be clear whether this will happen before the general election?

Bertie Ahern (Dublin Central, Fianna Fail)
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When parties see the proposals, which Deputy Brian Lenihan has explained to spokespersons, and consult with legal people it will not take more than a few days for the Opposition to decide if it will support the wording. Then we can make a decision on it. I think we can complete the work. People who work in this area believe it is crucial we deal with this in the short term, whether that means April or September. They will be very upset if we do not deal with this in the next few months. I am trying to manage the situation and it is not the end of the world for me if it takes place in April or September.

Arthur Morgan (Louth, Sinn Fein)
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Is the Taoiseach minded to put two questions in a referendum rather than one and is this not preferable? My party was the only one to propose a text to the all-party constitutional committee to the effect that in all matters pertaining to children, the interests of the child would come first. Is that also the Taoiseach's position?

Will the Taoiseach deal with the proposal from the all-party committee on the Constitution on the issue of a Northern representation on an Oireachtas committee to deal with issues arising from the Good Friday Agreement and all-Ireland matters?

Bertie Ahern (Dublin Central, Fianna Fail)
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On the first matter, it is more than one question and the Government will publish its view on how to deal with it next week.

We have had various discussions about how best to take the Oireachtas committee forward. The document is before the Whips and I look forward to making some progress on the committee of the House that will deal with matters on an all-Ireland basis.