Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Before we move to the Private Members' motion, I must deal with the Private Members' Bill in the name of Deputy Shane Ross, the Referendum (Amendment) (Varying Of Polling Day) Bill 2012 — First Stage.

On 17 May, Deputy Ross moved for leave to introduce this Bill but the motion was opposed by the Minister for the Environment, Community and Local Government, Deputy Phil Hogan. In accordance with Standing Order 124(4), the debate was adjourned until today, being the next day on which Private Members' business was to be taken. The Order of the Dáil today provides that the time taken to dispose of this Bill will not be deducted from the time for the motion following, of Sinn Féin.

The procedure for dealing with this Bill is set out in Standing Order 124(2), namely, to have a five-minute explanatory statement by the proposer and a five-minute explanatory statement by a Member who opposes the motion. The question must then be put to the House.

I call Deputy Shane Ross, who has five minutes.

Shane Ross (Dublin South, Independent)
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The basis behind this Bill is not, as has been presented by many of its opponents, to force the Government to delay the treaty vote. Its purpose is to amend the Referendum Act 1994 to allow the Government and, in particular, the Minister for the Environment, Community and Local Government, to change the date in question. It is a very simple operation to do that and this Bill could go through the House within hours, being a very short Bill with one purpose alone. It could also go through the Seanad within hours and could allow the Government to have that facility.

What amazes me is that the Government is refusing an enabling Bill. We know that as of now, as a matter of policy, it has set its face against delaying the referendum. What is astonishing is its refusal to take the powers to change the date, by ministerial order if that proves necessary. Events are moving very fast in Europe at present and it may be both necessary and wise to change the date of the referendum. I do not understand why the Government picked 31 May as the date for the referendum in the first place. There was no necessity to pick this date. There may have been a political imperative of which we are not aware but it would have been much more sensible if the Government, being aware of those events that were about to occur, were to have stated it would delay this particular referendum and, if it were not really a matter for delay, that it would pick a date when things had cleared up, when the French presidential and Assembly elections were over and the dust had settled on some very important arguments taking place about the ratification of the treaty. These are still going on and have not even got off the ground at this stage.

Why did the Government pick 31 May? Why did it lock itself into a situation like this, which became immutable when introduced and which did not take into account the French elections? Let us look at some of the events Happening in the coming days. Tomorrow night there will be an informal summit of European leaders, an emergency meeting, called specifically because of the change of government in France and because M. Hollande, the new President, has demanded either changes in the treaty or a parallel growth pact to be part of the same package. However, the Taoiseach has stated there will probably be no definite results from this so-called getting-to-know-you meeting. M. Hollande has to go back to Paris before 17 June and deliver some concrete changes or proposals that he can sell to the electorate, arising from the promises he made during the election. That will happen. He has definitely stated, as his Finance Minister stated last week and has not withdrawn, that he will not sign the treaty as is. Yet we are going ahead with a referendum, riding into the danger that the treaty will be postponed or changed in the next month. That is folly; it is foolish. Even if it is not changed in text, it will be part of a package of changes which will include a possible growth pact.

What surprises me so much about the attitude of the Minister and the Government is that if M. Hollande gets his way and gets a growth pact that would be good for Ireland. It would make it better and more likely that the Government would get this treaty passed because it could sell it as part of what it has championed in recent months. The resistance to this change is silly, pig-headed and stubborn. It is also politically stupid. The Government should think again about it.

Ratification has taken place in only three nations. The Germans are holding back and so are the French and all the other nations of Europe. Meanwhile, the euro is in turmoil, Europe is in turmoil and the situation in Greece, Spain and Italy is changing. Yet we insist on going ahead with this folly when we could easily postpone it until the end of December.

Finian McGrath (Dublin North Central, Independent)
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Hear, hear.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The Government opposes this Bill. The Tánaiste announced the date for the referendum in this House on 27 March. He also outlined the constitutional amendment to be put to the people. Within days, the Government published the Thirtieth Amendment of the Constitution, (Treaty on Stability, Co-ordination and Governance in the Economic and Monetary Union) Bill 2012.

Whenever a Bill containing a proposal to amend the Constitution has been passed by the Houses of the Oireachtas, the Minister for the Environment, Community and Local Government makes the polling day order for that referendum. I did so on 30 April 2012 and arrangements for holding the referendum were put in place for the 43 constituencies throughout the country. The existing legislation in this area, the Referendum Act 1994, does not provide for the changing of a referendum polling date except in circumstances where the Dáil is dissolved. Deputy Ross should have done a little more research on that legal matter.

Shane Ross (Dublin South, Independent)
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So should the-----

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The Referendum Commission recently confirmed this, stating it was not only in the interest of ensuring public certainty about the polling date but also to ensure there is a robust public debate on the issues.

I remind Deputy Ross that Article 46.2 of the Constitution provides that a constitutional amendment Bill passed by the Oireachtas has to be "submitted by Referendum to the decision of the people in accordance with the law for the time being in force relating to the Referendum". It is clear that the constitutional amendment Bill on the stability treaty must be submitted by referendum to the people, pursuant to that article.

More generally, the Government does not consider a postponement of the referendum to be in the best interest of the country at this stage. As the Tánaiste stated to the House last week, what the country needs now is certainty, not indecision. The Deputy has gone to a lot of trouble in order to create indecision by seeking to have this particular matter postponed.

Finian McGrath (Dublin North Central, Independent)
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Outrageous.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The referendum is an opportunity for individual citizens to make a clear statement that we want stability and certainty. Investors are looking at Ireland's response in order to see if we choose the stability that will enable them to invest with confidence in our economy. That is how we will create jobs, allow the economy to recover and make a better future for our people.

Deputy Ross advocates a postponement of the referendum in order to take on board changing events in Europe. I am surprised that anybody should think it is for others outside Ireland to determine what our position should be.

Shane Ross (Dublin South, Independent)
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Ever since you got into government you have done that.

Mattie McGrath (Tipperary South, Independent)
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Go back to the septic tanks, Phil.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The French and the Greek people went to the polls to decide who will lead them. The Irish will vote next week to decide on the stability treaty. It is our decision, to be taken in our own interest and in our own time. Of course, the elections in France and Greece will have an impact on our discussions at European level. For example, they will bring a long-awaited focus to the growth agenda. Those discussions will continue at tomorrow's meeting. This Government has been seeking to have job creation and economic stimulus measures adopted by the European Council for some time.

Ruairi Quinn (Dublin South East, Labour)
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It is time for that to be done.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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We welcome the French intervention on this matter.

Finian McGrath (Dublin North Central, Independent)
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The Technical Group has been saying that for six months.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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During the debate, we should focus on the key issues, which are stability for the euro, confidence for investors, access to emergency funding if we need it, economic recovery and jobs for our people. The referendum Bill has been passed. The decision on the amendment to the Constitution will be put to the people next week. We should not postpone the opportunity to let the Irish people lend their voice to a more sustainable future. I ask Deputy Ross to support the Government in achieving that objective. He should not sit on the fence any longer.

Joan Collins (Dublin South Central, People Before Profit Alliance)
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The Government is asking people to support the bankers and bond holders.

Finian McGrath (Dublin North Central, Independent)
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It is not a question of sitting on the fence - it is a question of making an informed decision.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I never sit on the fence.

Mattie McGrath (Tipperary South, Independent)
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The Minister has not been let out yet.