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Dáil Éireann debate -
Thursday, 18 May 1972

Vol. 260 No. 14

Ceisteanna—Questions. Oral Answers. - Draft Constitution.

1.

asked the Taoiseach if his Department or any other Government Department or agency have drawn up a draft of a new Consitution; at what stage this draft is at present; and if he will indicate when it will be submitted to the people.

The answer to the first part of the question is in the negative; the remainder does not, therefore, arise.

May I take it that there was no truth in the newspaper report?

The Deputy should know that the Taoiseach has made a great many statements on this matter and has indicated very clearly that constitutional changes would be made which would have regard to the views of the Unionists. He has also stated that the Unionists should be consulted if there was a change in the Constitution or if a new Constitution was proposed. The Inter-Party Committee has been set up on the implications of Irish unity which will have regard to the Taoiseach's decision whether or not at any particular time he regards it as right and proper to begin drafting a new Constitution. The Taoiseach, as the House knows, has welcomed the Health initiative and has made it clear that there must be an end to violence and internment in the North before it would be possible for the Unionists and the minority in the North to begin communicating and before it would be easy to persuade the Unionists that they should take part in consultations on a new Constitution. He has made all that absolutely clear. Therefore, there is no need for me to say any more on the matter.

I take it the Tánaiste has seen the report to the effect that there was a draft?

Secondly, I presume he has also seen a report to say that they would not like to see a Constitution drafted as a precondition?

I have seen that, yes.

The Tánaiste has stated that the Taoiseach has welcomed the Health initiative and that he has called for an end to violence. Does the Tánaiste not agree that we have too much of this double talk and double thinking? What is being done about it? What is being done to put down the second army we have here——

The question relates to a new Constitution. We cannot discuss the whole Northern problem on this question.

We are entitled to know what is being done in this part of the country to see that the Health initiative gets a chance and that the violence is ended when you have people brought to court one day and set free the next day; when you have arms used in the streets of this country with impunity and nothing being done about it. The Tánaiste knows that there is drilling and arming and intimidation of people and no action is being taken.

Order. The Deputy should cease his weekend broadcast.

It is annoying the Government.

(Interruptions.)

The Minister for Justice made a complete statement on that matter recently indicating that every possible step was being taken to arrest people who broke the law in this country. He made that absolutely clear.

Will the Tánaiste agree that since it has been agreed that there will be a referendum in the North of Ireland on the attitude of the population in that part of the country towards unity, an essential element in that referendum would be any changed disposition in this part of the country towards unity, any changed approach, and that an essential indication to the population up there about our newfound awareness of the problems posed by unity would be the appearance down here of a new Constitution? Would the Tánaiste agree that if we are serious about our offer of unity being involved as a serious proposition in that referendum in the North—that may take place some time this autumn —we should without delay draft a new Constitution for this part of the country?

We cannot have speeches at Question Time. We have 141 questions on the Order Paper.

(Interruptions.)

So far as I can recall the Taoiseach has not indicated whether he would regard the referendum being taken in the autumn as being one that would reflect accurately the views of the people in the North. There is that question to consider. He has not said that he accepts that the concept of a referendum as proposed, if taken in October, is something of valid consequence.

But it is happening.

Nevertheless, it may not have valid consequence because of the disturbance and violence that is going on. The Taoiseach is always ready to consider drafting a new Constitution if he thinks the circumstances demand it. The Deputy knows conditions in the North are such at present that no one would suggest that at this moment the Government should announce a new Constitution.

For here. It is a Constitution for the Twenty-six Counties we want.

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