Dáil debates

Tuesday, 28 March 2017

Ceisteanna - Questions

Constitutional Convention Recommendations

4:00 pm

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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4. To ask the Taoiseach if he will report on outstanding recommendations arising from the Constitutional Convention. [13986/17]

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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5. To ask the Taoiseach his plans to hold referendums that arise from the outstanding recommendations of the Constitutional Convention. [15196/17]

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Solidarity)
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6. To ask the Taoiseach his plans for referendums on constitutional amendments; and the issues that may be dealt with. [15211/17]

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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7. To ask the Taoiseach if he will report on recommendations arising from the Constitutional Convention that have not yet been implemented or that are still awaiting a plan for implementation. [15226/17]

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I propose to take Questions Nos. 4 to 7, inclusive, together.

The previous Government responded in the Dáil to all nine reports of the Convention on the Constitution. I will summarise the convention's main recommendations for referenda and the response to them as follows. In its first report, the convention recommended that the age threshold for candidacy in presidential elections be reduced from 35 years. A referendum was defeated on this on 22 May 2015. A recommendation to reduce the voting age to 16 was accepted but a referendum was not held on this matter. Deputies will be aware that a Private Member's Bill to reduce the voting age to 16 in local and European elections will be before the Seanad tomorrow night.

In the convention's second report, the reference in Article 41.2 of the Constitution to "a woman's life within the home" was considered. The Programme for a Partnership Government commits the Government to holding a referendum on this issue.

In its third report, the Convention recommended an amendment to the Constitution to provide for same-sex marriage. A referendum on marriage equality was held on 22 May 2015 and was passed by a majority of 62.1%.

The convention's fourth report made recommendations on the electoral system. A recommendation for a referendum to permit the appointment of people other than Oireachtas Members as Ministers was not accepted, as the Constitution already allows the Taoiseach to nominate as Ministers two persons who have not been elected to the Oireachtas but who have been nominated to the Seanad. The recommendation that Ministers be required to resign their Dáil seats on appointment to office was not accepted. The convention did not put forward proposals on how the resultant Dáil vacancies might be filled.

In respect of the fifth report, on amending the Constitution to give citizens resident outside the State the right to vote in presidential elections, Deputies will be aware that I recently announced that the Government has decided to hold a referendum to amend the Constitution to allow Irish citizens resident outside the State, including those in Northern Ireland, to vote in Irish presidential elections. Extending the franchise in presidential elections to Irish citizens resident outside the State gives rise to a range of legal, policy and practical issues. To have an informed public debate on this, the Government published a detailed options paper last week to set out the range of options available to give effect to the recommendation of the Convention on the Constitution.

As regards the sixth report, on the offence of blasphemy, the Programme for a Partnership Governmentsays that a referendum will be held on removing the offence from the Constitution.

The seventh progress report made recommendations relating to Dáil reform, some of which would have involved a referendum. The House will be aware that Standing Orders were amended in January last year to provide for the direct election of the Ceann Comhairle by secret ballot and the selection of the Chairs of Oireachtas committees on a proportional basis using the d'Hondt system. These steps were in line with recommendations made by the convention and did not require a referendum.

The programme of Dáil reform in the current Dáil builds on these reforms introduced by the previous Government. It reflects many of the recommendations of the Constitutional Convention. Moreover, the programme for a partnership Government commits to a referendum on enhancing the reference to the Ceann Comhairle in the Constitution.

As regards the convention's eighth report, the programme for a partnership Government states that this report, which deals with economic, social and cultural rights, will be referred to the Oireachtas Joint Committee on Housing, Planning, Community and Local Government for consideration of the substantial questions it raises on the balance of rights, proper governance and resources.

Deputies will be aware that a Private Members' Bill to amend Article 45 of the Constitution and insert a provision on the rights contained in the International Covenant on Economic, Social and Cultural Rights was before the House last week.

The convention's ninth report did not make recommendations for constitutional change.

There are no plans otherwise to implement Constitutional Convention recommendations for referendums that were not accepted by the last Government other than as set out in the programme for a partnership Government document.

4:10 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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We know that the last Government failed to implement many of the recommendations of the Constitutional Convention, of which I was a member. In fact, during a one-hour debate in this Chamber, four of the reports of the Convention were dealt with. That was an insult to those who took part and made the recommendations. The proposals put were dismissed out of hand. That was a pity because of the time and effort people put in.

When does the Taoiseach intend to produce the wording for the referendum on blasphemy and for the referendum on the removal of the provision relating to the position of women in the home in the Constitution?

Since the current Government was formed, has the Taoiseach given consideration to looking again at some of the issues the last convention proposed that future conventions should consider? I realise the Citizens' Assembly is dealing with the issue of repeal of the eighth amendment. However, other issues and recommendations were raised at the time by the Constitutional Convention, which was made up of citizens as well as politicians. It was a good mix for the purposes of informing those of us in this House and in the Seanad how people from various sectors and parts of society viewed the issues raised at the convention. Certain outstanding issues have never been addressed and are not addressed in the Taoiseach's reply. Specifically, what are the dates for the referendums that the Taoiseach promised when the Government was formed?

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Solidarity)
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Of all the referendums in all the world, the one the Taoiseach announced on the flight to the United States was rather funny. The Constitutional Convention recommended that the voting age be reduced to 16 years of age and that economic social and cultural rights be enshrined in the Constitution. I would have thought the removal of the reference to the role of women was somewhat more pressing, given its archaic and sexist connotations of the duties of women being limited to the home. I am surprised the Government has not been taken to court over the reference to women not needing to find employment. The same applies to the removal of blasphemy.

The recommendation the Government has chosen to introduce a referendum for relates to voting rights for citizens abroad or in the North for presidential elections. I would have thought that was not the most pressing of the recommendations listed.

Of course the most obvious recommendation relates to the referendum to repeal the eighth amendment. The Government has shoved that into another assembly. The eighth amendment is a long-overdue deletion. While the Citizens' Assembly and the Taoiseach are dithering, women are being denied access to proper treatment for their health. Prosecutions are taking place in the North of people who have received safe medical abortion pills. These same pills are used by women in the Republic who go to the North to get them. Dawn raids have taken place. I hope that will be taken on by the Northern Ireland Assembly and by Sinn Féin, which is now the largest party in the North. That outrage must stop. Surely the Taoiseach would agree that these are far more pressing issues than the franchise for the presidential elections.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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There are many pressing issues in this increasingly failed State. However, there is no greater emergency than the housing and homelessness emergency. The report of the Constitutional Convention was absolutely clear in its instruction to the Government on the issue of housing. Fully 84% voted at the Convention for the right to housing to be inserted into the Constitution. The Government has done nothing about that.

The convention also overwhelmingly voted for all the rights enshrined in the International Covenant on Economic, Social and Cultural Rights to be inserted into the Constitution. Yet, this week, the Government is going to vote down Deputy Pringle's Bill on the matter. Later today, I will bring a Bill to insert the right to housing into the Constitution by referendum. However, the Government refuses to support the insertion of these rights into the Constitution and it intends to vote down the Bill. This is despite the fact that the convention set up by the Taoiseach has called for it.

Why on earth were the non-housing related economic, social cultural rights referred to the Joint Committee on Housing, Planning, Community and Local Government? It was perfectly right to refer the housing question to the committee but it gave us the disaster that is the Rebuilding Ireland - Action Plan for Housing and Homelessness document. Why were all the other rights demanded in the report referred to the housing committee? What is the Taoiseach going to do about this?

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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Over the years, the approach of the Government in preparing for referendums has been inconsistent. It was once accepted practice that a detailed consideration of policy implications would be published in advance of a particular referendum and a genuine political consensus was sought before proceeding. However, we have got to the stage where little is prepared in advance. For example, nowadays we wait until the campaign to have any formal independent impact review of the proposals. I put it to the Taoiseach that before the next referendum, we should first agree a process to follow in preparing for a referendum. A formal White Paper should be published in advance of a referendum on the specific implications of the proposal and a review of the potential costs. I am unsure what is delaying the establishment of the Oireachtas budget office. Anyway, until we establish other independent review structures, will the Taoiseach agree to publish a White Paper and a cost review of all amendments thus far proposed by the Government? Will the Government facilitate such a review for Opposition proposals?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I will set out the costs of the various referenda since 2001. Referendums have been held on prohibition of the death penalty, the International Criminal Court, the Nice treaty, the protection of human life in pregnancy, the Treaty of Lisbon, twice, the Houses of the Oireachtas inquiries, judges' remuneration and the treaty on stability. The costs came to €11 million, €10.8 million, €15 million, €22.2 million, €14.8 million and so on. I agree that-----

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I was referring to the cost implications once a referendum is passed.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Obviously, the cost implications are one thing. I agree that there should be a process to set out the structure, strategy and timing for a referendum.

The convention made many recommendations to the Government. The Government did not accept all of them. However, we are waiting for the report of the Citizens' Assembly on the eighth amendment. This should be made before the end of June. The Government has not discussed whether a referendum or referenda should be held this year, or, if so, which referenda should be held.

A comment was made on voting by emigrants living abroad. This issue has been around for a long time. Philadelphia was a place many Irish emigrated to directly after the famine and in the years since then. This issue has always been raised with the diaspora. It might not be of interest to those who are registered here. However, I will use the example of the Brexit referendum in Britain. While 5.5 million people were entitled and registered to vote as expatriates, only 26,000 took up that option.

It may not be of great importance in other countries but, in terms of Irish emigrants and the Irish diaspora, when the issues are dealt with here, I believe there will be a good response. We must define a new electoral register and the conditions and criteria for those who will apply, which will be done by 2025. I agree with and will try to get an analysis for Deputy Micheál Martin of the range involved. I also agree that, in respect of any decision made by the Government on a referendum, a process should be set out which is clear for everyone to discuss.

In respect of the eighth report referred to by Deputy Boyd Barrett, the programme for Government says the following:

The eighth report of the Constitutional Convention on economic, social and cultural rights recommended that the State progressively realise economic, social and cultural rights subject to maximum available resources, that this duty be recognisable by the courts, and that specific additional rights on housing be inserted into the Constitution. Due to the substantial questions raised on the balance of rights, proper governance and resources, we will refer this report to the new Oireachtas Committee on Housing for consideration.

Obviously, it will have to consider more than housing. It must also deal with social and cultural rights. Inserting such provisions into the Constitution and making them recognisable by the courts would clearly raise very substantial questions and that is an issue on which we must deliberate here.

4:20 pm

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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When are we going to do that?

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I do not have an answer for Deputy Ó Snodaigh in respect of-----

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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When are we going to do that?

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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Allow the Taoiseach, please.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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-----when we will have the wording on blasphemy. As I said to Deputy Micheál Martin, the Government has not actually decided whether to hold a referendum this year. We are waiting for the report on the eighth amendment. We have not decided what we are doing next year. If we are to hold a referendum, we must prepare a White Paper, a strategy and a structure that will allow everybody to understand the timing and the approximate costs involved.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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In order to accommodate everybody and given that we have only nine minutes left for the next group of questions, perhaps we should move on. Otherwise, we will not get to them.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Could I ask a brief supplementary question?

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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Well, if we do that-----

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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We do not have the time.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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The Deputies must decide if they want to continue with this group of questions and to abandon the next. It is a matter for the Deputies.

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Solidarity)
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Could we have just one more minute, between myself and Deputy Ó Snodaigh, for a supplementary?

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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What about the next group of questions? We cannot do that. We do not have enough time.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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No.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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We are not going to get through the next group in any event.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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We will get as far as we can but if we do not start, we will not get anywhere. Is the House agreed that we move to the next batch?

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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Yes.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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We are not going to get through them.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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We will try. The answer from the Taoiseach is short. It is not a long reply.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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There are six different topics.