Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

27. To ask the Minister for Justice and Equality her plans to amend the law to provide that court proceedings relating to the result of a referendum are given priority hearings and appeal hearings to avoid delays in enacting legislation to give effect to the will of the people, as expressed in the referendum; her views on the publishing of a marriage equality Bill; and if she will make a statement on the matter. [27019/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The law setting out the procedures for seeking leave to petition a referendum result is set out in the Referendum Acts. Section 42 of the Referendum Act 1994 provides that the validity of a provisional referendum certificate may only be questioned by a petition to the High Court, that a petition may not be presented unless the High Court has given leave to do so and that a person seeking leave must do so no later than seven days after the publication of the certificate in Iris Oifigiúil.

Section 44 of the Referendum Act 1994 provides that a petition must be lodged in the Central Office of the High Court not later than three days after the grant of leave by the High Court under section 42.

Section 46(2)(a) of the Referendum Act 1994 provides that in fixing the date for and conducting the trial, the court shall give the matter such priority as is reasonably possible. Policy in relation to the Referendum Acts is a matter for my colleague, the Minister for the Environment, Community and Local Government. The scheduling of court cases and the allocation of court business is a matter for the Presidents of the courts and the presiding judge who are, under the constitution, independent in the exercise of their judicial functions. The Presidents monitor waiting times across all court lists and seek to ensure the optimum use of court time.

Two separate parties sought leave to petition the result of the Marriage Referendum in the High Court. Those cases were heard on the 5th June by the President of the High Court, and leave was refused in each case.

Both applicants have since lodged appeals with the Court of Appeal and, pending the hearing of those appeals and subsequent order of the court, that Court has stayed the certification of the referendum result. The appeals are now scheduled to be heard on the 30th of July. It is my understanding that this is a priority appeal hearing.

Given that there is a stay on certification of the referendum result by the Returning Officer pending the hearing of those appeals in relation to the High Court's refusal of leave to petition the provisional referendum certificate, the Thirty Fourth Amendment of the Constitution (Marriage Equality) Bill cannot be signed into law at this point by the President in accordance with Article 46 of the Constitution. A Marriage Bill for the purposes of implementing the necessary legislative changes to give effect to the constitutional amendment set out in Thirty Fourth Amendment of the Constitution (Marriage Equality) Bill therefore cannot be published and introduced in the Dáil at this time. Depending on the outcome of the appeal process and the court's determination, I would expect, if appropriate, to bring a Marriage Bill to Government for approval and introduction into to this House as soon as possible thereafter.