Enda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context

Question 1: To ask the Taoiseach the constitutional referenda he will hold in the remainder of 2007; and if he will make a statement on the matter. [16793/07]

Enda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context

Question 2: To ask the Taoiseach if he will report on the implementation of the recommendations of the All-Party Committee on the Constitution; and if he will make a statement on the matter. [16830/07]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

Question 3: To ask the Taoiseach if he proposes to initiate referenda to amend the Constitution during the course of the 30th Dáil; and if he will make a statement on the matter. [16864/07]

Eamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context

Question 4: To ask the Taoiseach the constitutional amendments the Government plans to bring forward during the lifetime of this Dáil; and if he will make a statement on the matter. [20150/07]

Bertie Ahern (Dublin Central, Fianna Fail)
Link to this: Individually | In context

I propose to take Questions Nos. 1 to 4, inclusive, together.

On 3 November 2006, I proposed a referendum on the place of children in the Constitution. I asked the then 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 then Minister of State, Deputy Lenihan, engaged in a series of discussions with representatives of political parties, the Ombudsman for Children, non-governmental organisations — represented by the Children's Rights Alliance — and faith-based groups. The purpose of the consultation was to achieve consensus on an appropriate wording for a constitutional amendment that would reflect the need to establish robust safeguards and protections for children.

On the direction of the Government, proposals were brought to the Cabinet by the then Minister of State, Deputy Lenihan, on a referendum to amend the Constitution in respect of children's rights. The Twenty-Eighth Amendment to the Constitution Bill 2007 was published on 19 February last. In line with the programme for Government, it is proposed to establish an all-party committee to examine the proposed constitutional amendment with a view to deepening the consensus on this matter further. It is envisaged that the Bill which has been published will provide a framework for the work of the committee.

A decision on whether a referendum will be held on the EU reform treaty will be taken on foot of the outcome of the current Intergovernmental Conference. I commented recently that I think it is likely that there will be a referendum on the treaty in 2008. The All-Party Committee on the Constitution published its report on the family on 24 January 2006. The relevant Departments are considering the report's recommendations. The Government has acted on most of the key recommendations which emanated from earlier reports of the all-party committee.

The two previous Governments introduced ten referendums. The Government will avail of appropriate opportunities to make progress with further recommendations of the all-party committee. The complexities involved in holding a referendum require that careful consideration must be given to the frequency with which referendums can realistically be held and the significance of the issues in question.

Enda Kenny (Mayo, Fine Gael)
Link to this: Individually | In context

I ask the Taoiseach to ensure that a full briefing on all the documentation in this regard is arranged for Deputy Shatter, who will handle this matter for Fine Gael. As the Taoiseach is aware, this month marks the 15th anniversary of Ireland's ratification of the UN Convention on the Rights of the Child. Since this country signed that convention, two reports published by the UN Committee on the Rights of the Child have criticised the Government's failure to comply with the obligations imposed on the State by the convention. If we are to fulfil those obligations, we urgently need to prioritise constitutional and legislative reform and to attach greater priority to bringing children's laws and services into the 21st century. Arising from this, does the Taoiseach know when it is proposed to hold the referendum? When are we likely to see the proposed wording and what mechanisms are to be put in place to hold the referendum?

Will the Taoiseach confirm that Ireland is likely to be the only State to hold a referendum on the European Constitution? Given this is the case and that this will result in a great deal of international activity here, probably on the anti side, will the Taoiseach confirm that he will ensure the Forum on Europe is properly resourced and that the Irish Government will conduct a real campaign in this regard?

Has the Taoiseach held discussions with Green Party Ministers and have they confirmed to him that their party will fully support, vocally and otherwise, ratification of the treaty when it comes before us in the form of a referendum?

Bertie Ahern (Dublin Central, Fianna Fail)
Link to this: Individually | In context

I will ask the Minister of State at the Department of Justice, Equality and Law Reform, Deputy Smith, to arrange for a full and detailed briefing on this matter for Deputy Shatter as Fine Gael spokesperson in this area.

The UN Convention on the Rights of the Child was ratified by Dáil Éireann on 21 September 1992 and entered into force in Ireland on 21 October 1992. Ireland subsequently signed the European Convention on the Exercise of Children's Rights in 1996. This is intended to supplement the UN Convention by promoting the rights of children in family law proceedings. Similar to other common-law countries, Ireland has a dualist system under which international agreements to which it becomes a party are not automatically incorporated into domestic law. Two Articles of the Constitution deal with that. Article 29.3 states "Ireland accepts the generally recognised principles of international law as its rule of conduct in relations with other States". Article 29.6 provides that "No international agreement shall be part of domestic law of the State save as may be determined by the Oireachtas". The Constitutional provision has been interpreted as precluding the Irish courts from giving effect to an international agreement where this is contrary to domestic law or grants rights or imposes obligations additional to those of domestic law. Consequently, whereas Ireland has ratified the UN Convention on the Rights of the Child, the convention did not automatically become part of Irish law. The Deputy will be aware that a number of the rights set out in the UN Convention on the Rights of the Child are already provided for in the Constitution either expressly or implied. Others are provided for by way of legislation. However, several issues remain to be addressed.

Deputy Kenny will be aware that Deputy Brian Lenihan, as Minister of State with responsibility for children, published a proposed wording in this regard last February. We hope we can re-establish a committee of the House to examine this and the work done up to that period and subsequently try to get agreement on this, which is always better in the case of referendums. We have tried to get agreement on this over the past several years.

Deputy Kenny will recall we made a commitment earlier this year, when we decided in March or April not to press on with this issue, but to try to deal with it in 2008. It is not necessary to state when exactly in 2008 but I would like to stick to the commitment.

On the reform agenda, obviously, the Government has held discussions on the matter. I hope everybody in Government will support it. The Intergovernmental Conference appears at this stage to be on target to finish its work if not by end October then by end November. We will have to make a decision in due course on how we will ratify the reform treaty. It is reasonable to assume we will need to hold a referendum next year. I do not foresee any circumstances wherein that would not be the case.

Following the decision of the Netherlands last Thursday, it appears Ireland will be the only country to hold a referendum on this issue. From what I hear from my colleagues, all other countries will deal with the matter by way of parliamentary ratification. As Deputy Kenny stated, this means we may invite people with a counter view on the matter. Those who support such issues never seem to turn up but perhaps they will on this occasion. Everything has been done to ensure sufficient resources and staff are made available to the Forum and we will continue to do this. The Forum is doing a good job and its work within the confines of this city and elsewhere will be helpful as it has been in the past.

Eamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context

The questions relate to referenda on constitutional amendments generally. In this regard I would like to go through them one by one with the Taoiseach.

Is the Taoiseach saying Ireland will definitely hold a referendum on the EU reform treaty or is he saying this has yet to be decided by the Government? I refer in particular to his comment that the Government has yet to decide how the ratification process will be undertaken. I would like some clarity on that. My recollection was that following the summit last June, the Taoiseach gave a public commitment that a referendum would be held.

On the referendum on children and the proposed all-party committee which I welcome, when will that committee be established? There were passing references at different stages to other possible referenda, for instance on the question of building land arising from the all-party committee report. Will a referendum be held on that issue or will recommendations be implemented by way of legislation? The Fianna Fáil election manifesto contained a reference, not repeated in the programme for Government, to changes in the courts system to deal with the problem where criminal trials collapsed because of legal technicalities. There was a reference to the possibility of an amendment to the Constitution to deal with that. Is that still envisaged?

On the situation facing de facto couples be they non-marital heterosexual couples or same sex couples, does the Taoiseach intend to regularise the position of the relationships of such couples by way of legislation or constitutional amendment?

Bertie Ahern (Dublin Central, Fianna Fail)
Link to this: Individually | In context

I will respond to Deputy Gilmore's questions in the order in which they were raised. On the reform treaty, as I stated last year, it can be reasonably assumed that a referendum will be necessary. However, a decision in that regard cannot be made until the Intergovernmental Conference document has been agreed. When that document is completed the Attorney General will examine it. He cannot decide until he examines the document and he cannot examine the document until it is completed. Based on experience, I do not foresee any outcome other than that the matter be decided by way of referendum. Technically, no decision can be made until the IGC process is completed, probably in November.

Eamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context

It is the IGC and not Patricia McKenna that is causing the problem.

Bertie Ahern (Dublin Central, Fianna Fail)
Link to this: Individually | In context

A decision cannot be made in the absence of a document. The Attorney General cannot make a decision until he has examined the final document.

We are anxious to move on the issue of children's rights. Much work has been done. The Minister of State at the Department of Justice, Equality and Law Reform, Deputy Brendan Smith, is anxious to have the all-party Oireachtas committee re-established as a joint committee of the Houses of the Oireachtas rather than as an informal ad hoc committee. It makes sense that the committee should enjoy the same support and backup enjoyed by other committees. There is no reason it should be outside the normal committee system. I am anxious that this be done as soon as possible. The Whips will be discussing these issues shortly.

In regard to building land, it is the view that this could be done by way of legislation. I understand the possibility of introducing legislation is being examined.

I am not aware of any legislation in regard to the courts. There is a need to reform the courts system in the context of cases that fall outside it. I have no information that this requires a constitutional referendum.

On the Deputy's last question regarding constitutional change which would extend the protection of the Constitution to cohabiting heterosexual or same sex couples, it is clear that it will be necessary to examine this issue in the context of legislative provision. That is what is happening. We had two reports last year, one from the Law Reform Commission and another from the Colley Group. Both have been examined within the Department of Justice, Equality and Law Reform in the past six months. I understand from the Minister that a memorandum will be brought to the Government next month for it to make a decision with a view to progressing the matter in line with what was outlined earlier this year.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

Will the Taoiseach assure the House that whatever the outcome to the referendum on the EU constitutional treaty, the Government will abide by it and avoid the type of debacle that took place in regard to the Treaty of Nice II? Will the Government accept the judgment of the people on the various arguments? It is important to assuage the fears of many as to the Government's intentions on this matter. The Government has repeatedly sought to assure the House that the growing militarisation of the European Union does not represent a threat to Irish neutrality. If that is the case, is the Taoiseach prepared to consider a referendum to enshrine Irish neutrality in the Constitution? Just over a year ago the Sinn Féin Deputies presented a Bill for that purpose which I commend to the Government if it wants to examine what would be required to progress such a proposition.

In regard to the proposed 28th amendment of the Constitution regarding the rights of children, I acknowledge that the former Minister with responsibility in that area, now Minister for Justice, Equality and Law Reform, Deputy Brian Lenihan, was very accommodating and accessible in the exchange of ideas and views on the matter. I wish his successor, my constituency colleague, well in this responsibility. Is the Taoiseach still open to ideas in regard to the structure, wording and detail of the proposition? Will he and the Minister with responsibility in the area ensure there is a proper debate leading to such a referendum in order that the best advice and the widest raft of opinion can be factored in in advance of tabling the wording? In the document we presented we suggested inserting a new article into the Constitution expressly detailing children's rights based on the UN Convention on the Rights of the Child, to which the Taoiseach referred in his opening response to this group of questions. Will the Government continue with the approach employed by the former Minister with responsibility for children? Will he adopt, as we have argued for, a broader and more comprehensive protection of the rights of children?

This is the 50th anniversary of the last introduction by an Irish Government of internment without trial. Fifty years ago the Government of the day exercised that power, a power that does not require a vote or debate in the House. It is a power that remains on the Statute Book and has not been exercised since. It has no place in any Statute Book. In the light of today's reality, knowing how detrimental, unhelpful and how adverse it is to the human rights of individuals who are scooped in such a manner — hundreds were detained at the Government's pleasure in the Curragh 50 years ago — would the Taoiseach be prepared to consider a constitutional amendment to further guarantee the rights of citizens and put an end to the employment of such abusive measures as were represented by the introduction of internment without trial 50 years ago? The Taoiseach will remember it well, or some of his family might. He should smile and be proud.

Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

It took the Deputy a while to recognise a few treaties.

Bertie Ahern (Dublin Central, Fianna Fail)
Link to this: Individually | In context

In regard to the reform agenda, we should not have to wait too long for the outcome of the IGC. I hope we will be able to recommend it to the people as a good agreement for the country and the future of Europe. I hope we will get it passed.

Regarding the Deputy's remarks on another referendum, the issue is not the same. We made a number of changes in regard to the referendum on the second Nice treaty. In that case we also succeeded in agreeing a protocol that dealt with some of the issues the Deputy raised to bring clarity to our position of neutrality. That dealt with what was probably the biggest concern, with the misunderstanding of the referendum on the first Nice treaty, to the satisfaction of more than two thirds of the people and allowed the enlargement of Europe to proceed.

In regard to the rights of the child, the answer to the Deputy's question is yes. We are anxious to proceed on the basis of achieving consensus. We must bring this matter to a conclusion and are committed to doing so. We are anxious to have discussions because it is always best, in the case of a referendum, to get agreement and broad political support from the Houses of the Oireachtas on an issue to be put to the people.

I am not certain whether internment is a legislative or constitutional matter. I suggest that the Deputy progress it directly with the Minister for Justice, Equality and Law Reform. The issue has not been raised for a long time, nor has the power of internment been used. I am not sure what its status is or what legal basis there is for examining it. I am sure a question to the Minister would result in the issue being dealt with.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

A simple statement would suffice in regard to the guarantee that we are still seeking in relation to the EU constitutional treaty.

Bertie Ahern (Dublin Central, Fianna Fail)
Link to this: Individually | In context

We will endeavour to have it passed, with the Deputy's support.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

That is the best the Taoiseach can do; he is holding up his options.

Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

Internationalists who cannot see beyond their own borders.

Joe Costello (Dublin Central, Labour)
Link to this: Individually | In context

In regard to the new reform treaty, did the Taoiseach say that 90% of the substance of the old constitutional treaty would be included in the new proposals? Is it not a fact that the leaders at that time determined, almost precisely, the substance of the reform treaty? In effect, is the intergovernmental conference now drafting what was decided at that time? Was there not a commitment to a constitutional referendum made on the basis that 90% of the constitutional treaty would be included in it?

The Taoiseach entered a caveat at that summit that Ireland would opt-out of the Charter of Fundamental Rights or that it would retain the right to do so. Has the Attorney General studied the documentation sufficiently to determine that Ireland will not exercise the opt-out clause?

Bertie Ahern (Dublin Central, Fianna Fail)
Link to this: Individually | In context

Deputy Costello is correct that the reform treaty is substantially the same as the work we had completed during the Irish Presidency. Obviously it does not carry the status of a constitutional treaty because people in this and other countries raised issues in that regard. Amendments and changes have been made to it. Some issues were agreed in the subsequent discussions earlier this year and in the June European Council. It would not be correct to say that the same document will issue from the Intergovernmental Conference. There is an ongoing round of discussions and I understand from the Minister of State, Deputy Dick Roche, that my worry that people would try to reopen issues has not happened. Things are in line with the position we had reached in June, and that being the case, we have nothing to worry about.

The former British Prime Minister, Mr. Blair, late in the night of the June meeting introduced legal submissions and caveats, about an examination of a number of areas in the JHA area and in the Charter of Fundamental Rights. I stated that we wanted the right to examine the legality of those submissions. We have examined them and they have no implications for us. It was never our intention to opt out of the Charter of Fundamental Rights. I have supported the Charter of Fundamental Rights from the time it was prepared seven or eight years ago up to the constitution. We brought it forward and included it in the Irish Presidency. We are and have always been supportive of the Charter of Fundamental Rights.

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

I was glad to hear the Taoiseach's reference to prioritising the children's referendum. When will the terms of reference of the proposed Oireachtas committee be published? When is it anticipated that the motions will come before the Dáil and Seanad? When is it anticipated that the committee will meet?

Bertie Ahern (Dublin Central, Fianna Fail)
Link to this: Individually | In context

I would like to see it happen as soon as possible. Deputy Brendan Smith is anxious to progress the matter and I understand the Whips will be dealing with the committee structures generally in the next week or so.