Seanad debates

Thursday, 11 July 2013

An Bille um an Dara Leasú is Tríocha ar an mBunreacht (Deireadh a Chur le Seanad Éireann) 2013: Céim an Choiste (Atógáil) - Thirty-second Amendment of the Constitution (Abolition of Seanad Éireann) Bill 2013: Committee Stage (Resumed)

 

4:00 pm

Photo of Brian HayesBrian Hayes (Dublin South West, Fine Gael) | Oireachtas source

Let us take our time with this to make sure we all know what we are doing. The first point is that section 5 is the citation of what this Bill will be called. Obviously, it will collectively be known as the Thirty-second Amendment of the Constitution (Abolition of Seanad Éireann) Bill 2013. This is a normal section in any Bill that is proposing a referendum. What will follow this is a statement for the information of voters that will be brought before the Seanad next week, as is the case with every referendum. When the referendum Bill goes through, there then follows a resolution passed by both Houses as to the statement that would occur to be put to voters.

A copy of the Bill, which relates to Senator Norris's point, will be available at all post offices and on the Internet. That matter will be taken up by the Referendum Commission. The question is posed as to whether the Government will spend money. The Government will not spend a brass farthing on this. In the normal course of events, the Referendum Commission takes responsibility for informing voters of this and that will happen in this case. The Government will not be carrying out a public information campaign. It will simply be the normal event where the Referendum Commission is asked to do this. We will not have a responsibility in respect of this. Needless to say, political parties will take a position on this and argue accordingly.

The issue of petitions raised by Senator Healy Eames relates to Article 27. We can have a debate on the sections but the sections are not where the meat is. The actual meat is in the Schedules. The Bill effectively says that if it is accepted by the Irish people, the collective references to the Seanad are effectively removed from the Constitution on abolition day. Some of them are just references because if the thing is abolished, it is abolished and, therefore, one must remove the name of the Seanad. There are some issues that Senators might like to come to which one could argue might be of some consequence in terms of the constitutional provisions. One of these is the question of Article 27.

The Bill proposes to delete Article 27 of the Constitution. The procedure under this Article applies only to a Bill, other than a Bill to amend the Constitution, a money Bill or a Bill where the Senate's time for consideration has been average under Article 24, which is deemed to have been passed by both Houses of the Oireachtas under Article 23. Article 23 applies only to a Bill not passed by the Seanad within 90 days or passed by that House where amendments have been rejected by the Dáil and where on foot of a Dáil resolution, the Bill is deemed to be passed by both Houses. Therefore, Article 27 only applies to a Bill where there is a fundamental disagreement between the Seanad and the Dáil in respect of it. I am not aware if that has ever come into being because there is no reference to it ever having happened.

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