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Dáil Éireann debate -
Wednesday, 4 Nov 1970

Vol. 249 No. 4

Ceisteanna—Questions. Oral Answers. - Membership of EEC.

12.

asked the Minister for External Affairs the clauses which he considers need revision by way of referendum prior to EEC entry.

It has not yet been finally decided which provisions of the Constitution would require amendment for this purpose.

The Attorney General is chairman of the committee. The Taoiseach spoke at some length on this matter only a month ago. It is a question of ascertaining precisely what Articles in the Constitution, what sections require——

We were told here, about 12 months ago, that this committee, presided over by the Attorney General, was examining the position.

We will have the provisions forward that require amendment.

It takes so long to examine the Treaty of Rome——

It involves a marriage of the two legal systems. It is a matter that requires some very perceptive investigation.

Why can you not marry the two tails of your own Party?

Will the Minister say if there is to be a referendum, will it be conducted when the Dáil has made a decision on our application or before it? Will the referendum be held before or after Dáil Éireann decides on the acceptance or otherwise of membership of the EEC?

That is a separate question.

Arising out of that rather remarkable reply with its wide implications about this marriage of two systems of law—very grandiose——

The Deputy will appreciate that.

——do I understand from the Minister that the Constitution which is written from within one of the systems will, in the light of this marriage, have to be, as it were, done all over again — entirely rewritten?

This is part of the investigation that is going on at the moment by very skilled lawyers.

It is not an amendment; it is a re-writing.

The result of their labours will be brought before the House in due course.

When is "in due course"?

Question No. 13.

Is the Minister aware of the views put forward by Mr. John Temple Lang, at a recent conference in Dublin on international comparative law, on alternative methods of amending the Constitution and would he like to comment on which of these three alternative methods the Government are contemplating using?

This is precisely the sort of comment — the one to which the Deputy refers — which is being investigated at the moment by the Attorney General's committee.

How long will it take?

Is this committee restricted in its deliberations to the amendments of the Constitution which will be needed exclusively to facilitate entry into the Common Market, or will it be concerned with other considerations or points which would appear to be important in relation to the ultimate unity of the country?

The Attorney General's committee's job is entirely a technical legal job of work related to what is needed to amend our Constitution in order to be a fully sovereign State within the EEC as the States at present within the EEC are sovereign.

Is that all that is being considered?

Have the Government taken any decision——

I have called Question No. 13. I have allowed four or five supplementaries on Question No. 12.

Have the Government taken any decision on the suggestion of widening the Attorney General's committee to include outside experts?

At the present time this does not arise. It is a possibility that may arise but at the present point of time it does not arise.

Will the referendum be concerned only with changes related to membership of the EEC?

The question put down to me deals entirely with what revisions of the Constitution may be required in relation to EEC entry. That is the question put down by Deputy O'Leary and it is the question I think I have answered fairly fully by way of supplementary reply.

Deputy Browne's question was whether it would include other things related to the north.

That is another day's work.

Question No. 13.

So we will have seven or eight.

This will be our decision and we will come to the House in due course.

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