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Dáil Éireann debate -
Wednesday, 27 Oct 1971

Vol. 256 No. 3

Ceisteanna—Questions. Oral Answers. - Constitutional Amendments.

14.

asked the Taoiseach if he is yet in a position to state when he will introduce legislation to amend the Constitution; and if he will indicate what articles it is proposed to amend.

15.

asked the Taoiseach if he is yet in a position to give details of his proposed amendments to the Constitution.

16.

asked the Taoiseach when he will introduce legislation providing for the amendments to the Constitution arising from this country's application for entry into the EEC.

With your permission, a Cheann Comhairle, I propose to take Questions Nos. 14, 15 and 16 together.

In regard to amendments of the Constitution which would arise in the context of Ireland's accession to the European Communities, I expect that the necessary legislation to be prepared would enable a referendum for this purpose to take place in the first half of next year. The precise timing would depend on matters such as the date of signature of the Treaty of Accession and the period required for the carrying through of subsequent parliamentary procedures including, in particular, the enactment of the necessary referendum Bill.

The details of any proposed change in the Constitution will be put before the Dáil in due course with the draft legislation providing for the referendum.

Surely the Taoiseach is aware that there are further amendments that could be made to the Constitution which might help in bringing about a unity of hearts between ourselves and our brothers in Northern Ireland. Is he not aware that four years ago a constitutional committee made certain recommendations and that almost two years ago the Minister for Foreign Affairs and the Taoiseach flew a kite as regards those changes? Why is the Taoiseach now dodging this question and why can he not answer the question in full and tell us what he intends to do about those constitutional changes? Why did the Taoiseach not answer this question in full and tell us what he intends to do about those constitutional changes?

The constitutional changes I have immediately in mind and the ones to which I think I ought to address my attention primarily are the constitutional change or changes necessary to facilitate our accession to the European Economic Community. I think it would be wrong at this stage to confuse that issue with others.

When the Taoiseach talks about constitutional changes, has he forgotten about the speech he made in Killarney in the autumn of 1969, I think, when he himself suggested that constitutional amendments were necessary?

I am not denying that we will have to examine the Constitution in the context of the reunification of the country.

It is two years since the Taoiseach suggested that these changes were necessary. Are they being abandoned now?

I think it is important that we concentrate on the amendment required for accession to the European Economic Community.

And never mind the North. Is that the Taoiseach's attitude?

Not at all. Is the Deputy trying to confuse the issue? Was the Deputy not one of the people who asked me to make sure that this issue would be put clearly to the people so that they would know exactly what they were doing?

Deputies

Hear, hear.

Can the Taoiseach say in what way he can justify the Government's failure to take action during the past two years on the constitutional matters now referred to?

I said that action would be taken when I thought it was appropriate and useful to take it.

It is appropriate now.

Question No. 17.

Would the Taoiseach agree that it would be singu-larly inappropriate that we should have a referendum next year to amend the Constitution to meet the requirements of our proposed entry to the EEC and that then, at some future date—God knows when the Taoiseach will make up his mind—we would have another referendum dealing with the other constitutional requirements arising out of our relationship with Northern Ireland? Surely the Taoiseach could take both together.

I discussed this on a number of occasions in the House and I admitted early on that I thought it might be better if we could get a number of amendments through at the same time. Having reconsidered the matter and having regard to the importance and the imminence of our entry to the EEC, I feel that it is more desir-able—in fact I feel it is essential—that we should have this one single issue in a referendum so that the people can state clearly what their views are on this most important question.

Does the Taoiseach not agree that this is merely a matter of expediency and, in order to meet the requirements of our relationship with Northern Ireland——

The Deputy is suggesting expediency but I have given a reasoned argument as to why I have come to that conclusion.

When are we likely to have that referendum—next June or next May?

I cannot say at this stage.

Did the Taoiseach indicate in his original reply what part of the Constitution needs to be changed?

No, I did not.

Has the Taoiseach read the speech by Mr. Fitt last Saturday?

When will that be known?

The negotiations are not yet completed. As soon as they are completed a White Paper will be published indicating the terms of our accession and indicating also——

But these amendments are supposed——

Just a moment— indicating also what constitutional changes will be necessary.

These constitutional changes are required by the Treaty of Rome. Is that right? The Treaty of Rome is unchanged or unchangeable. Surely the Government should now know what part of the Constitution should be changed. Is it proposed to present the referendum as a sort of a package deal or will each item be on a ballot paper, or whatever you like to call it, for decision by the people?

That will be indicated in the White Paper when it is published and in the legislation that will follow. I do not want to anticipate the contents of the White Paper at this stage.

The Taoiseach is not leaving himself very much time if he anticipates that the referendum will be held during the first part of next year, as I think he said. Apart from the waste of time we have had in this Dáil, we will be dealing with this legislation for changing the constitution from now until about next June, or from January until about June.

I hope we will be discussing our terms of accession during this session on the basis of the White Paper.

Then we will have to go through the legislation?

That is right.

A useless exercise.

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