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Joint Oireachtas Committee on the Eighth Amendment of the Constitution: Options for Constitutional Change (18 Oct 2017)

Catherine Noone: We agreed as a committee that we would give notice of any motions so that they be submitted in advance.

Joint Oireachtas Committee on the Eighth Amendment of the Constitution: Options for Constitutional Change (18 Oct 2017)

Catherine Noone: This is not a motion. It is a proposal.

Joint Oireachtas Committee on the Eighth Amendment of the Constitution: Options for Constitutional Change (18 Oct 2017)

Catherine Noone: The question has been put so in terms of procedure I am correct in saying that-----

Joint Oireachtas Committee on the Eighth Amendment of the Constitution: Options for Constitutional Change (18 Oct 2017)

Catherine Noone: I am telling the committee what the clerk has told me. He has a very good knowledge of procedure and both he and the legal adviser have informed me that the question, "That Article 40.3.3° should not be retained in full", has been put and that we are now to vote on it. We discussed this for the past hour and this is how we came to this point. It is usual in committees that we have a...

Joint Oireachtas Committee on the Eighth Amendment of the Constitution: Options for Constitutional Change (18 Oct 2017)

Catherine Noone: Okay. To be fair, before I let other members in, many members had indicated early on that they wanted to go into public session early and Senator Mullen is not alone there.

Joint Oireachtas Committee on the Eighth Amendment of the Constitution: Options for Constitutional Change (18 Oct 2017)

Catherine Noone: Because we needed legal advice on the conversation we were having and one is not entitled to have legal advice while in public session. That is the reason we were in private session. Let there be no ambiguity about that.

Joint Oireachtas Committee on the Eighth Amendment of the Constitution: Options for Constitutional Change (18 Oct 2017)

Catherine Noone: Excuse me, members.

Joint Oireachtas Committee on the Eighth Amendment of the Constitution: Options for Constitutional Change (18 Oct 2017)

Catherine Noone: Deputy Mattie McGrath indicated.

Joint Oireachtas Committee on the Eighth Amendment of the Constitution: Options for Constitutional Change (18 Oct 2017)

Catherine Noone: Deputy Mattie McGrath is making his views known now, that is fine.

Joint Oireachtas Committee on the Eighth Amendment of the Constitution: Options for Constitutional Change (18 Oct 2017)

Catherine Noone: Please finish.

Joint Oireachtas Committee on the Eighth Amendment of the Constitution: Options for Constitutional Change (18 Oct 2017)

Catherine Noone: Thank you, please finish.

Joint Oireachtas Committee on the Eighth Amendment of the Constitution: Options for Constitutional Change (18 Oct 2017)

Catherine Noone: We can do that.

Joint Oireachtas Committee on the Eighth Amendment of the Constitution: Options for Constitutional Change (18 Oct 2017)

Catherine Noone: We can do that at any stage.

Joint Oireachtas Committee on the Eighth Amendment of the Constitution: Options for Constitutional Change (18 Oct 2017)

Catherine Noone: Exactly, sorry. Senator Ruane had indicated.

Joint Oireachtas Committee on the Eighth Amendment of the Constitution: Options for Constitutional Change (18 Oct 2017)

Catherine Noone: Sorry, will members who have indicated please raise their hands again?

Joint Oireachtas Committee on the Eighth Amendment of the Constitution: Options for Constitutional Change (18 Oct 2017)

Catherine Noone: Exactly, I have to put the question. Sorry, I have indulged members here now. We have also had an hour of discussion before we came into public session. I am not having any more discussion about it. The Question is, "That Article 40.3.3° should not be retained in full."

Joint Oireachtas Committee on the Eighth Amendment of the Constitution: Options for Constitutional Change (18 Oct 2017)

Catherine Noone: We will now move to the discussion, as we agreed to last week and as we discussed earlier, with regard to the advices that have been received and discussed by the committee. I will go through the six options. Of course, it is not an exhaustive list of options. Option 1 is repeal simpliciter. Option 2 is repeal based on published legislation entrenched in the Constitution. Option 3 is...

Joint Oireachtas Committee on the Eighth Amendment of the Constitution: Options for Constitutional Change (18 Oct 2017)

Catherine Noone: Unless it is a point of order, I do not wish to hear it. I am making a general point not directed specifically at Senator Mullen. Unless it is a point of order or a point of clarification, Deputy O'Sullivan has the floor and the same applies to every other member.

Joint Oireachtas Committee on the Eighth Amendment of the Constitution: Options for Constitutional Change (18 Oct 2017)

Catherine Noone: The Deputy was bang on five minutes. I thank her. Senator Mullen has five minutes.

Joint Oireachtas Committee on the Eighth Amendment of the Constitution: Options for Constitutional Change (18 Oct 2017)

Catherine Noone: I thank the Senator.

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