Enda Kenny (Mayo, Fine Gael)
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Question 4: To ask the Taoiseach the constitutional referenda he will hold in the remainder of 2009; and if he will make a statement on the matter. [30608/09]

Enda Kenny (Mayo, Fine Gael)
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Question 5: To ask the Taoiseach if he will report on the implementation of the recommendations of the Joint Committee on the Constitution; and if he will make a statement on the matter. [30640/09]

Eamon Gilmore (Dún Laoghaire, Labour)
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Question 6: To ask the Taoiseach when the constitutional referenda will be held during the remainder of 2009; and if he will make a statement on the matter. [32521/09]

Eamon Gilmore (Dún Laoghaire, Labour)
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Question 7: To ask the Taoiseach if he will report on the progress made in implementing the recommendations contained in the reports published to date in 2009 by the Joint Committee on the Constitution [32522/09]

Alan Shatter (Dublin South, Fine Gael)
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Question 8: To ask the Taoiseach the referenda he envisages taking place during the lifetime of the current Government; and if he will make a statement on the matter. [35230/09]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 9: To ask the Taoiseach the constitutional referenda he plans to initiate during the remainder of the current Dáil; and if he will make a statement on the matter. [39055/09]

Brian Cowen (Laois-Offaly, Fianna Fail)
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I propose to answer Questions Nos. 4 to 9, inclusive, together.

It is clear at this stage that no further referendum is planned for 2009. As regards referendums after that, the renewed programme for Government envisages a number of potential referendums during the lifetime of the Dáil, subject to appropriate Oireachtas approval, to consider children's rights based on the work of the Joint Committee on the Constitutional Amendment on Children; to consider amending article 41.2 of the Constitution to broaden the reference to the role of women in the home to one that recognises the role of the parent in the home; and to consider the establishment of a court of civil appeal. In addition, the renewed programme for Government states that the proposed electoral commission will propose reforms of the electoral system, including outlining new electoral systems for Seanad Éireann. Such proposals could give rise to constitutional amendments.

Regarding the Joint Committee on the Constitution, I have put it on record that neither I nor my Department is solely responsible for the implementation of the recommendations of the joint committee. The committee reports to both Houses of the Oireachtas. The committee has produced reports on various aspects of the Constitution that come under the responsibility of various Ministers and Departments. If there is any particular recommendation of interest to Deputies, they should get in touch with the relevant Minister or a table a parliamentary question.

Enda Kenny (Mayo, Fine Gael)
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There are a number of referendums I would like to put but I am not in a position to dictate that at the moment. It is important we reaffirm that a constitutional referendum should be held to enable the electorate to decide whether the Oireachtas should enact new legislation to reinstate the criminal offence of statutory rape for the protection of children. On 12 June, during the debate on the Ryan report, the leader of the Green Party and the Minister for the Environment, Heritage and Local Government, Deputy Gormley, called all-party agreement on a referendum on the rights of children the best monument to the victims of institutional abuse. I am pleased at this and that there seems to be movement towards honouring the commitment made by the Taoiseach's predecessor on behalf of the Government to hold a referendum on children's rights. Does the Taoiseach have a view of when this will happen? It will not be in 2009. Is it the intention of the Government to hold a referendum on children's rights in 2010?

The revised programme for Government refers to holding three referendums over the remaining lifetime of the Government. One seeks to broaden the reference to the role of women in the home to one that recognises the role of the parent in the home, another on children's rights, and another to consider the establishment of a court of civil appeal. What is the intention of the Taoiseach regarding these commitments?

Brian Cowen (Laois-Offaly, Fianna Fail)
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These are matters for consideration by Government. They will be considered during the remainder of the term of Government. When, how and in what way they will be taken is a matter for further discussion and debate.

Regarding children's rights, work is ongoing and includes one report on soft information, which is being considered by the Minister for Justice, Equality and Law Reform and the Minister of State with responsibility for children. The second interim report on absolute or strict liability in respect of sexual offences against or in connection with children was published on 7 May. It contains 39 recommendations in total, including some that are restatements of the recommendations of the Joint Committee on Child Protection report of 2006 concerning criminal justice procedures. The Joint Committee on the Constitutional Amendment on Children was initially expected to report within four months of its establishment. Due to the number and complexity of issues under consideration and the volume of submissions received, the deadline for reporting to the Oireachtas has been extended on four occasions and the committee is due to report to the Oireachtas on 16 December. We should await this, given the work that is ongoing, before coming to a view on it. The majority view on the committee has been to examine legislation as a possible means of resolving this matter but we will await the report and then consider it.

Brendan Howlin (Wexford, Labour)
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The Taoiseach has acknowledged that there were two interim reports from the joint committee dealing with a constitutional amendment on children. The committee recommended urgency on the issue of soft information, which is why that issue was extracted from the body of work to be completed by the committee. The recommendation was made in September 2008. Is there a reason why the legislation recommended across all parties and by all members of the committee has not been introduced?

The second interim report was published in May. The Taoiseach correctly states that the majority view is that the issues arising from the CC case in the Supreme Court are best dealt with by a number of measures. There were 39 recommendations, including a call for significant legislative rather than constitutional change. Since May, has the Government come to a conclusion on going down the route of the original published Twenty-eighth Amendment to the Constitution Bill 2007, which proposed to re-instate a constitutional position on statutory rape, by putting a referendum to the people on the matter or is it minded to accept the majority view in the second interim report of the committee?

Brian Cowen (Laois-Offaly, Fianna Fail)
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On the first matter, as I stated in my primary reply my Department is not primarily responsible for the consideration of some of these issues. Deputies take the opportunity of Question Time to Ministers to delve into greater detail on specific issues such as this and I understand the urgency on the soft information issue, but it is complex and data protection issues arise, although I do not believe they would prove insurmountable. Work is ongoing between the office of the Minister of State with responsibility for children and the Department for Justice, Equality and Law Reform on this question and perhaps questions tabled directly to the Minister of State, Deputy Barry Andrews, might elicit the greater degree of detail which the Deputy requires.

On the second matter, no Government decision has been made. The report is due in December and proper procedure is for the Government to await that and then consider it. As Deputy Howlin stated, the context of its consideration is that the majority of the committee see the legislative route as being a better way forward.

Brendan Howlin (Wexford, Labour)
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On the separate issue of the programme for Government commitment on electoral reform, the Taoiseach indicated that it will primarily be a matter for an independent electoral commission. Has the Taoiseach ruled out the prospect of any constitutional change on the election of Members of the Dáil or Seanad in this Parliament? In what timeframe does he envisage the electoral commission would deal with these matters? Is it proposed to invite the Opposition parties to involve themselves in a shorter-term analysis of whether the Dáil and Seanad as constituted are fit for purpose or are all these matters to be long-fingered?

Brian Cowen (Laois-Offaly, Fianna Fail)
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It is not a question of long-fingering. Recently, I made the point that one must consider constitutional change with great care. In recent times there has been a trend in our politics to change the Constitution every time we have a problem. From my study of it in the past and my knowledge of it in the present, the Constitution is a document of which we can all be very proud. Constitutional change must be very carefully considered but that does not mean one should not deal with issues or come up with new ideas to see what way we can better frame our arrangements to enhance the institutions of the State in the eyes of our citizens. I have no problem with that. The idea that emerged from political discussions among the Government parties was to ask an electoral commission to examine it.

Brendan Howlin (Wexford, Labour)
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When is it to be established and who is to be involved?

Brian Cowen (Laois-Offaly, Fianna Fail)
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It will be brought forward by the Minister concerned. Being a programme commitment, it has to proceed, the policy must be devised and arrangements made. However, the programme for Government sets out what we believe is the best way forward. This issue can be discussed through various committees of the House and everyone in the House will have many opportunities to put forward their views on what is the best way forward.

Séamus Kirk (Louth, Ceann Comhairle)
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I call Deputy Ó Caoláin and ask him to be brief because we are running out of time.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Last week, the Health Information and Quality Authority, HIQA, published a shocking report that highlighted the need for greater protection for children under the Constitution. I noted the Taoiseach's earlier reply that he understands the majority of members of the Joint Committee on the Constitutional Amendment on Children do not support the constitutional amendment route. This Deputy does. We need greater protection for children under the Constitution, in legislation and, most importantly because they are no use on their own, in practice through our care system.

The national children in care inspection report recommended the closure of the Ballydowd special care detention unit in Lucan and highlighted serious deficits in standards aimed at safeguarding vulnerable children, including lapses in vetting procedures for staff and foster carers working with children. That is a terrible indictment in 2009. We must all address this collectively, as we have been doing on the Joint Committee on the Constitutional Amendment on Children, where the phrases "children's rights committee" and "children's referendum committee" interchanged all the time because it was established with the specific brief from the Taoiseach's predecessor to examine improving the wording-----

Séamus Kirk (Louth, Ceann Comhairle)
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A question please.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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-----and the presentation of a constitutional amendment that would enshrine the rights of children in the Constitution. Does the Taoiseach agree that this most recent report, with all that has gone before, compels support for a constitutional amendment and that it is the only and appropriate way to proceed to ensure we reach a point that will guarantee not only the care system but the necessary supports in all settings for children?

Brian Cowen (Laois-Offaly, Fianna Fail)
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On the question of a possible constitutional amendment on children, given that two distinct views emerged in the joint committee's report - on constitutional amendment and legislative options - and that the committee has not been able to reconcile these views and accordingly is unable to make an agreed recommendation, the Government must examine the divergent standpoints emanating from the report with a view to progressing this important issue.

In the coming weeks, the committee will concentrate its deliberations on family law matters as set out in the proposed Articles 42(A).1, 42(A).2, 42(A).3 and 42(A).4 in the Twenty-eighth Amendment to the Constitution Bill 2007 dealing with the rights of children, intervention by the State where parents have failed in their responsibility towards children, involuntary and voluntary adoption of children and taking the best interests of the child into account in certain court proceedings. The committee's deadline for reporting back to the Oireachtas is 16 December. The Government will need to consider the implications of the committee's second interim report and its forthcoming report on the family law aspects of the Twenty-eighth Amendment to the Constitution Bill 2007 before determining its standpoint on a referendum.

On the specific question on the Ballydowd special care unit being closed, it is a good example of the accountability of HIQA being effective. We established the Health Information and Quality Authority and gave it the statutory mandate to ensure that care standards are maintained to a standard we would expect. Where there is a failure to do so alternative arrangements have to be made. If we did not have HIQA perhaps we would not have that report and if we did not have that report perhaps the fact that changes have to be made at that facility would not have been brought to our attention. Moving from the facility will take place over the coming two to four months and discussions are ongoing on reducing the adverse impact of this. All HSE vetting is now centralised.

When we establish mechanisms such as this it must never be on the presumption that everything works fine. Where difficulties are identified action needs to be taken; that is the principle of accountability at work. What is damning our politics is this notion of perfectionism, that everything is correct and if anything turns out to be incorrect it means the whole thing is not working correctly. It is time for us to recognise that there is much good work being done by professional people working with people in this area. It is a difficult area but where there are difficulties and issues are not being dealt with properly decisions are taken to rectify the matter. That is an exercise in democratic accountability.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Briefly-----

James Reilly (Dublin North, Fine Gael)
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I have one more question for the Taoiseach.

Séamus Kirk (Louth, Ceann Comhairle)
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We have seriously overrun the time allotted for Taoiseach's Questions. The Deputies' questions will have to be very brief.

James Reilly (Dublin North, Fine Gael)
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The Taoiseach made a valid point but, while I acknowledge we have HIQA and a report which makes 11 recommendations about management, only one recommendation concerns the building while the remaining ten pertain to operational issues. Now we are about to transpose that management to Crannóg Nua, where we will encounter the same problems all over again.

Séamus Kirk (Louth, Ceann Comhairle)
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The Deputy should put a question. That is commentary.

James Reilly (Dublin North, Fine Gael)
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There is no point in carrying out HIQA inspections if we do not act on the ensuing recommendations.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Does the Taoiseach not agree that the Ballydowd facility has only been in existence for nine years? It is a tragic exposure of the failure of our system that when HIQA finally presents its report, the centre has to close. This should have been picked up along the way so that the necessary remedial interventions could have been undertaken to avoid the closure of the centre and the displacement of its residents and support services. When the committee presents its third report at the end of this year or early next year, will the Taoiseach indicate whether we will see movement towards a constitutional amendment, which I would prefer, or legislative proposals in order to deal with the essential areas on which agreement has been reached over the course of the committee's 50 plus meetings?

Séamus Kirk (Louth, Ceann Comhairle)
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I will allow a final brief question from Deputy Jim O'Keeffe.

Jim O'Keeffe (Cork South West, Fine Gael)
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I raise an issue on which there should be cross-party support, namely, the consequences of the Supreme Court judgment in the Abbeylara or Ardagh v. Maguire case in 2002, which precludes committees of the Oireachtas from attributing blame to any named or identifiable individual. The court's decision was based on the fact that the Oireachtas was taking on a quasi-judicial role. I imagine cross-party support could be achieved for a reform of Dáil and committee procedures, particularly given that the alternative has been tribunals. We have seen how the tribunals have given rise to enormous delays and costs running into hundreds of millions of euro. Would the Taoiseach consider a change in the Constitution that would permit a strengthening of Oireachtas committees to enable them to deal with the effects of the Abbeylara decision?

Séamus Kirk (Louth, Ceann Comhairle)
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I ask the Taoiseach to be brief because we have seriously overrun Question Time.

Brian Cowen (Laois-Offaly, Fianna Fail)
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The HSE has accepted HIQA's recommendations and will have to proceed on them. In regard to the matter not being addressed previously, the fact that we have in place independent authorities provides greater public confidence that such matters are being assessed objectively. There is an independent oversight mechanism in place to help those who are engaging in services to work with front line staff to achieve the best possible outcomes and provide the protections set out for children by the Oireachtas and the Constitution.

In regard to Deputy O'Keeffe's question, lessons can be learned from the many inquiries initiated by the Oireachtas which have deliberated on matters of urgent public interest for lengthy periods of time at great cost to the taxpayer. Reform could be introduced on the basis of commissions of inquiry, which were introduced on foot of statutory reforms passed by the Houses as a means of overcoming the constraints of the 1924 Act, or improving the committee system. In terms of improving the committee system, the Supreme Court judgment makes clear that when we act on a quasi-judicial basis, such as re Haughey in 1971, we must protect the constitutional rights and natural justice of individuals appearing before committees.

Jim O'Keeffe (Cork South West, Fine Gael)
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We need fair procedures.

Brian Cowen (Laois-Offaly, Fianna Fail)
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That places a responsibility on all Members to avoid a natural tendency towards the politicking and partisanship which undermine the prospects for our committee system of providing the sort of democratic accountability which I agree might be more transparent to those who send us here. People need to go beyond party loyalty to work on committee matters in an objective and fair way. This requirement is additional to any reforms that may be suggested.