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Dáil Éireann debate -
Wednesday, 23 Oct 1974

Vol. 275 No. 1

Ceisteanna—Questions. Oral Answers. - Articles of Constitution.

1.

asked the Taoiseach the Government's policy on the retention or deletion of Articles 2 and 3 of Bunreacht na hÉireann.

2.

asked the Taoiseach if, in the light of the recent speech by the Minister for Justice in Cork, he will state whether the Government have any proposals on hand affecting Articles 2 and 3 of the Constitution; and if he will make a statement on the matter.

With the permission of the Ceann Comhairle, I propose to take Questions Nos. 1 and 2 together.

As I indicated in reply to a Parliamentary Question on the 28th November last, consideration of Articles 2 and 3 of the Constitution falls within the terms of reference of the All-Party Committee on Irish Relations and the Government would wish, in the first instance, to consider any recommendations which that committee might make on the matter.

May I ask the Taoiseach whether he had prior knowledge, if he did not give it prior consent, of the speech that was made in Cork by the Minister for Justice when he suggested the repeal of Articles 2 and 3 of the Constitution?

The Taoiseach says he had no knowledge. Would the Taoiseach agree with the Minister's suggestion when he said that the repeal might be effected as an act of reparation by us towards the people of Northern Ireland?

The Minister subsequently explained that he had expressed this view as a personal view and that once there was any criticism of the suggestion he was not pursuing it.

Would the Taoiseach agree it is damaging to national interests that Ministers should express personal views on such fundamental matters as the Articles of the Constitution without prior approval from him or without consultation with the Government?

I think it is far less damaging than the activities of some of the Deputy's colleagues when they were Ministers; it was not merely speeches.

Does that answer imply he does regard it as damaging?

I said it was far less damaging.

I would like to ask the Taoiseach a straight question and I hope I shall get a straight answer. Are the Taoiseach's Ministers allowed to comment freely and give their own personal opinions when making statements of this nature?

The Deputy is broadening the scope of the question.

I am not. What I am simply asking is this: are they freely allowed to make personal statements, in view of the fact that many of them, including the Parliamentary Secretary——

The Deputy must confine himself to the question on the Order Paper.

All right a Cheann Comhairle. When Ministers say: "I am speaking only on my own behalf," have they got the consent of the Taoiseach to do this? That is a straight question and I would like to know whether the answer is "yes" or "no".

The Deputy will appreciate the very clear distinction between comment and action. I need hardly refer the Deputy to the proceedings of the Dáil committee inquiring into what happened when certain Fianna Fáil Ministers took independent action.

May I ask the Taoiseach if he and the other members of the Government were not already aware of the Fianna Fáil position in relation to these proposals made by the Minister from the report which the Government would have received from their representatives on the All-Party Committee before the Dáil went into recess?

I understand the committee have not yet reported.

Do I take it then that the members of the Government on that committee did not in fact communicate to the Government the views expressed by the Fianna Fáil delegates on that committee, as indeed the committee understood they would do, in relation to that proposal?

It is not the practice to report what individual members of the committee say or do not say.

We must pass on to the next question.

I asked a question to which I did not get a reply.

The Chair has no control over that.

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