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Order of Business (4 Nov 2008)

Brian Cowen: ——and the Minister for Transport says it has not. I am inclined to take his view of the world at the moment.

Order of Business (4 Nov 2008)

Brian Cowen: If the Deputy tables a parliamentary question, that should clarify the situation.

Order of Business (4 Nov 2008)

Brian Cowen: Well then, I do not know.

Order of Business (4 Nov 2008)

Brian Cowen: We are not——

Constitutional Amendments. (4 Nov 2008)

Brian Cowen: I do not see any reason to change the term of office of the President of Ireland, as seven years is a proper and adequate length. I am not aware of any major public demand to change the term. On the other questions, if the treaty of Lisbon is not ratified before May 2009, the European Parliament elections will have to be held under the existing arrangements. The question of whether that...

Constitutional Amendments. (4 Nov 2008)

Brian Cowen: A range of views are expressed on individual issues but, particularly in light of events that have arisen in the past several months, such as the Georgia situation and the international financial crisis, it is a strongly held view that speedy co-ordination and institutional rigour within the institutions are prerequisites for the Union's effectiveness, not only in its own region but also...

Constitutional Amendments. (4 Nov 2008)

Brian Cowen: With regard to the Lisbon treaty, my intention is to bring clarity where much confusion was fomented.

Constitutional Amendments. (4 Nov 2008)

Brian Cowen: I am sure Deputy Ó Caoláin will be of assistance in that.

Constitutional Amendments. (4 Nov 2008)

Brian Cowen: Clearing smoke where there is no fire is one of Deputy Ó Caoláin's best attributes.

Constitutional Amendments. (4 Nov 2008)

Brian Cowen: It was meant as a compliment, as an attempt at humour.

Constitutional Amendments. (4 Nov 2008)

Brian Cowen: The constitutional tradition is not to enumerate each constitutional right in the Constitution. We have a doctrine of unenumerated rights, directives of social policy, Articles 41 and 44 and a range of articles where the rights of citizens are well-protected by our courts. They have displayed an ability to develop Irish jurisprudence in a way in which we can all be proud. In recent times,...

Constitutional Amendments. (4 Nov 2008)

Brian Cowen: No, one must be careful that what might seem like a good idea might raise questions of interpretation and might affect existing jurisprudence. These are complex issues and the Charter of Fundamental Rights stands in its own right. It has been set within the treaty context. Incorporating this into our constitutional law in that way would not necessarily provide the clarity people believe it...

Constitutional Amendments. (4 Nov 2008)

Brian Cowen: The point I am making is that I would be very slow to change the Constitution. There must be a strong imperative to do so. The objectives the Deputy seeks to achieve can be achieved without the necessity of inserting such a constitutional principle into the Constitution. The directives on social policy as part of that constitutional document have provided a means by which we have seen a...

Constitutional Amendments. (4 Nov 2008)

Brian Cowen: The Government's record of acting on recommendations of that particular committee has been good I would argue and most of the more significant proposals have been acted upon. The recommendations involving a constitutional amendment that were acted upon include the abolition of reference to the death penalty, the abortion question and the local government recognition issue; the judicial...

Constitutional Amendments. (4 Nov 2008)

Brian Cowen: I propose to take Questions Nos. 1 to 4, inclusive, together. The Government does not plan to hold any constitutional referendum at present. I would like it put on the record again that neither I nor my Department is responsible for the implementation of all the recommendations of the Joint Committee on the Constitution. The fine work of the current committee and its predecessors has...

Constitutional Amendments. (4 Nov 2008)

Brian Cowen: Our position on the Lisbon treaty is obviously as Deputy Kenny states. What we have been doing with colleagues, counterparts, governments and institutions in the European Union is providing them with the information we have gleaned from the survey on why people voted "Yes" or "No" in the referendum in May, and indicating to them, as I did at the October meeting, the broad areas we need to...

Constitutional Amendments. (4 Nov 2008)

Brian Cowen: The Deputy is asking me to speculate on work that is still ongoing, its purpose being to see in what way the concerns raised by the people can be addressed. Until that exercise is conducted and until we see if we can form the basis of an agreement to move forward it is speculative to say what might happen. Obviously we are very grateful that colleague governments and other member states are...

Constitutional Amendments. (4 Nov 2008)

Brian Cowen: I fundamentally disagree with Deputy Ó Caoláin on all these matters for the following reasons. The decision of the Irish people is being respected and the Lisbon treaty cannot be ratified without the agreement of all member states, including the Irish people, in the matter. The problem we have is our understanding of the consequences of the real situation. The Deputy outlined to me the...

Constitutional Amendments. (4 Nov 2008)

Brian Cowen: We must then decide what is the issue for us and where do our national interests reside. Deputy Ó Caoláin's party has historically opposed membership of the European Union.

Constitutional Amendments. (4 Nov 2008)

Brian Cowen: Sinn Féin adapts its position from time to time to suit its circumstances. I have attended many functions at which prominent members of the Deputy's party who hold executive responsibility welcomed the fact that funds are being provided under INTERREG on the Border for this, that and the other. Thanks to the solidarity of citizens of the European Union, many millions of euro have...

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