Dáil debates

Tuesday, 29 November 2011

Ceisteanna - Questions (Resumed)

Constitutional Amendments

2:00 pm

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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Question 1: To ask the Taoiseach the nature of the consultations he will arrange for the proposals regarding the constitutional convention before the Government published its position. [34384/11]

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)
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Question 2: To ask the Taoiseach his role in relation to the constitutional convention; and if he will make a statement on the matter. [35120/11]

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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Question 3: To ask the Taoiseach the consultations he will arrange in relation to proposals regarding the constitutional convention before the Government publishes its position on the matter. [37291/11]

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I propose to take Questions Nos. 1 to 3, inclusive, together.

The programme for Government contains a commitment to establish a constitutional convention and indicates areas for it to examine. The programme states that the convention will report within 12 months. I have previously indicated that, to give the convention time to fully consider the matters referred to it, the 12-month period should run from the date of its establishment, which is intended will be in the spring of next year. Work is proceeding in my Department on the preparation of proposals for the setting up of the convention, including consideration of issues raised in the Deputies' questions. I intend to invite Opposition leaders to meet me to discuss the convention before the House rises for the Christmas recess.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I welcome that the Taoiseach intends to meet the leaders of political parties before the recess to discussion the establishment of the constitutional convention and the Government's proposals because when I last tabled this question as far back as June, the Taoiseach indicated that, before the final structure and terms of reference would be agreed, party leaders would be consulted. We have not had any consultation since then on anything to do with the establishment of the convention. Will the Taoiseach facilitate the presentation of some ideas on the terms of reference and parameters of the convention? In previous replies, he raised the prospect of the referendum on the abolition of the Seanad and the children's rights referendum being debated separately to the work of the convention. Is it still his intention to deal with the abolition of the Seanad outside the parameters of the convention or does he envisage that matter being deliberated on within the convention?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I thank the Deputy for his question. I would like to have a meeting with Opposition leaders about the proposed structure for the constitutional convention, give them a few days to consider the terms of reference and so on and then reflect on people's views. We would like to get this as right as possible because it will affect the people long after we are gone from here.

We have committed to dealing with the questions of the abolition of the Seanad and a referendum on children's rights outside the convention. There is a separate argument in regard to the nature of the way we hold referenda in the future and whether it is appropriate to hold more than one on the same date given the confusion surrounding the recent referenda. If the turnout on an issue is not greater than 30%, it is invalid. The Oireachtas needs to consider these questions.

There is also a cost involved. We cannot hold referendums on a quarterly basis. I would like to talk separately to leaders about that and perhaps we can have an appropriate debate on it but it is the intention to hold the referendum in respect of the abolition of the Seanad and, when the children's advocacy groups get together and agree on a wording, to have the children's rights referendum outside the terms of the constitutional convention.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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I welcome the fact the Taoiseach has set a time for consultation with leaders of the Opposition on the convention. It is important that they be open-ended discussions. The programme for Government gives some sense of the time it will last but clarification is needed on membership and participation by civic society, people from the Six Counties, the Unionists and the new Irish. The Taoiseach also has given a commitment to put on the clár an issue we have raised a number of times with him, which is voting rights for people in presidential elections, including passport holders from the North and among the diaspora. He is aware this is a big issue. I was in London over the past number of days and it was raised there. I support the Global Irish Economic Forum sponsored by the Government. I visited New York during the past month and I am aware that people feel robbed because citizens from other states who live abroad can vote in presidential elections in their home countries. Time is required and I am of the view that there is a need for more than one meeting. There must be a proper discussion and exchange of ideas on this matter. We can draw upon the work done by particular conventions and conferences in the past, although I accept that these entities did not deal expressly with the issue of the Constitution. I am seeking a clear commitment that the constitutional convention will be as inclusive as possible and that its membership will not merely be limited to people who live in this State. As well as people from the North, members of the diaspora from across the globe should be able to make a contribution.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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We want the membership of the convention to be representative of society in general and to include people of all ages and genders, regardless of where they reside. These issues have been discussed from time to time in the past. As the Deputy is aware, there is not due to be another presidential election until 2018 and this will give us the time and space to get matters right. In the first instance, I want to establish as inclusive and as comprehensive a convention as possible. This will then be given its remit and terms of reference and directed to carry out its work. There is no reason the convention could not take into account or consider reports, recommendations or proposals from a wide variety of individuals and interests. If the Oireachtas wants to consider changes to the Constitution which would reflect and evolving Ireland, then it is in everyone's interests that all relevant proposals be examined.

I do not perceive this to be a narrow, extremely confined issue. The constitutional convention will have quite a broad remit that will cover a range of subjects. In that context, I have no objection to groups or organisations, either at home or abroad, putting forward proposals for consideration. This matter is relevant to all Irish citizens, not just those who live in this State but also those who reside elsewhere. In saying this I am not giving a signal in respect of the outcome of the convention. However, I do not see why all proposals or suggestions put forward should not be discussed.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The budget is due to be introduced next week, which suggests an extremely tight timeline with regard to meaningful engagement on this matter prior to the recess. I am of the view that we should engage on this matter before the recess. I respectfully suggest, however, that there may be a need for a more detailed engagement when the House reconvenes after Christmas. I offer that suggestion in good faith because I am aware of the situation which obtains at the end of a Dáil term, particularly in the context of the introduction of the budget. The Taoiseach appeared to indicate that the structure of the convention has almost been worked out and that he wants to put this to the other parties in the House. Those parties might want to reflect on what is to be proposed or, alternatively, they may wish to put ideas to the Government in respect of both the structure of the convention and the parameters within which it should operate. Does the Taoiseach envisage that a wide-ranging public consultation process or mechanism will form part of the deliberations of the convention in order that people might offer submissions, etc.?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Yes, I accept that. I propose to discuss with Opposition leaders the structure I have in mind. I am sure people will respect the confidentiality requirement relating to the latter. I do not have a preference with regard to whether we should consider the matter either before the Christmas recess or in the new year. It is only right that we should discuss it in some detail in order that we might arrive at the best kind of convention possible.

I envisage that public hearings will take place. As the Deputy is aware, the National Forum on Europe held a process of public engagement. This worked in some respects but attendance at meetings held in some areas was extremely poor. As a result, the agendas of certain groups which might have issues with regard to treaty change or whatever were deliberately pushed to the fore. In the context of the Constitution, which belongs to the people, I envisage a process of public engagement. We should use all the modern methods of communication in this regard. Rather than just holding meetings in Bantry, Bunclody or wherever, we should - if we are to proceed with it at all - make the process as inclusive and as comprehensive as possible.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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In order to facilitate engagement, has the Taoiseach given consideration to holding hearings in New York, Sydney, London, Belfast and Derry? Will he elaborate on what will be his role? Who will be responsible for convening the convention? Will it be the Taoiseach's Department or would he consider putting in place an independent group which would convene the convention and then make submissions or recommendations to the Government or the Dáil in respect of its work?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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If I were to say to the Deputy that we had decided to send all the members of the constitutional convention to Auckland, Anchorage, Sakhalin Island or Buenos Aires-----

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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The diplomatic corps could serve in that regard.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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-----there would certainly be an amount of comment on the part of particular individuals. As he is well aware, it is possible to engage in comprehensive conversations and contact with members of the diaspora abroad. I had experience of this in the context of recent contacts with a number of multinationals. The nature of that contact was as clear, if not clearer, as that in which the Deputy and I are now engaging. Instead of obliging groups to fly to destinations across the globe, there are modern methods by means of which we can establish direct contact and obtain the relevant information in ten minutes. If Ministers were on official business in particular locations, then I am sure they could meet delegations and listen to their views. The modern way of obtaining information from locations across the globe is more than adequate in the context of gathering together the views, proposals and ideas which people may wish to put forward.

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Ceann Comhairle)
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I call Deputy Higgins.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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The Taoiseach did not answer my question on an independent convening group. I do not intend to give him a lecture on geography but Belfast is not located on the other side of the world.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Nor do I intend to give the Deputy a lecture on independence. I reiterate what I said to Deputy Martin, namely, that I will discuss this matter with Opposition leaders prior to the Christmas recess. They can then reflect on it over Christmas and we will engage in a more detailed discussion in the new year. In that context, the Deputy can follow through with regard to the type of structure which should be put in place. I would like to think that the constitutional convention will not just be perceived as some form of sop and that it will instead make a meaningful contribution in respect of the changes which people envisage as being important in the context of their Constitution. The Constitution belongs to everyone and if we are going to do something, we should try to do it in as comprehensive and as widely beneficial a way as possible.

Photo of Joe HigginsJoe Higgins (Dublin West, Socialist Party)
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I wish to express our condolences to the Taoiseach on the passing of his mother at the weekend.

On the constitutional convention, the Taoiseach referred to one or two matters, such as that relating to the Seanad, which he will progress outside of it. In the context of the reform of the presidency, during one of its periods in opposition Fine Gael introduced a Bill which would have changed the requirement whereby any citizen who wishes to contest a presidential election is dependent on Members of the Oireachtas or county councillors in order to obtain a nomination. Does the Taoiseach envisage pursuing this change during the lifetime of this Dáil and to hold a referendum on the matter? One way to proceed would be to require presidential hopefuls to secure a certain number of signatures of citizens or voters in order to obtain a nomination rather than obliging them to submit to the current undemocratic and exclusive system which applies in the context of standing for the Office of President. Another way to proceed - this would be my recommendation - would be to abolish the office entirely.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Is Deputy Higgins not interested in running on the next occasion?

4:00 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I thank Deputy Higgins for his expression of condolence. I appreciate what he said very much.

The programme for Government contains a reference to a reduction in the period of the term of service of the President from seven years to five. As already stated, that matter should form part of the conversation of the convention on the Constitution. A range of matters relating to the Presidency have been discussed, including age limits, voting rights, the nomination process etc.

In fact, that is an independent Private Members' Bill proposing seven changes of which Deputy Higgins will be well aware.

This is an issue in its entirety that is very appropriate for the constitutional convention to discuss. From that point of view, I would not see any restriction for the convention to discuss the full gamut on the spectrum of the requirements for the presidency. I have no intention of abolishing the presidency. I believe that the new presidency of President Higgins will be able to build on the bridges created by the former President, Dr. McAleese, and her predecessor, Dr. Robinson, in a way that will be beneficial for the country in terms of such matters as our status, reputation, and trade or economic links. In respect of the presidency as a part of the Constitution, the entire range would be very appropriate for the convention to discuss.