Written answers

Wednesday, 13 July 2011

Department of Justice, Equality and Defence

Proposed Legislation

6:00 pm

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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Question 104: To ask the Minister for Public Expenditure and Reform the timetable for the publication and enactment of legislation regarding constitutional amendments during 2011. [19805/11]

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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The Programme for Government contains commitments to the holding of referenda to amend the Constitution to reverse the effects of the Abbeylara judgement and to protect the right of citizens to communicate in confidence with public representatives. The Government has also announced that it intends to hold a referendum on the right to alter judicial pay. It is my intention to bring to Government constitutional referenda proposals on both the 'Abbeylara' and confidentiality of communications between citizens and public representatives issues before the summer recess. My colleague the Minister for Justice and Equality is also progressing work in relation to the referendum on judicial pay.

As previously indicated to the Deputy, the holding of a referendum will require the enactment of a Constitutional Amendment Bill by the Oireachtas. Once passed, the Minister for the Environment, Community and Local Government by order appoints the day and time for the referendum. Polling must be not earlier than 30 days and not later than 90 days after the date of the order. Before any constitutional amendment is finalised there needs to be detailed consideration of the complex legal issues involved but assuming satisfactory progress can be made between now and the Autumn it is intended that the people will be asked to make a determination on these three separate issues on the day they choose a successor to President McAleese.

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