asked the Taoiseach if there are any proposals before the Government to amend the Constitution or for the preparation of a new Constitution; and when these proposals are likely to be made public.
Ceisteanna—Questions. Oral Answers. - Amendment of Constitution.
1.
There are no such proposals before the Government.
Would the Taoiseach consider asking his Ministers to desist from making such observations as Deputy FitzGerald made——
This is a separate matter.
He said the Government might go it alone and seek to have the Constitution changed.
The Deputy should relate his remarks to the question before the House. Would the Deputy come to the question?
They are to use the Constitution to cover up for the failure of the Government both economically and politically.
I am afraid the Deputy is availing of Question Time to make a speech.
The Deputy may not recall that the initiative, when it was originally taken, to consider amending the Constitution was taken by the late Seán Lemass when he was Taoiseach. He made a speech at a Fianna Fáil cumann in Limerick and subsequently he approached Deputy Corish, as Leader of the Labour Party, and me, as Leader of Fine Gael, and we had quite some correspondence. Eventually, an all-party committee was set up to consider it. The Deputy will recall that that committee reported. At a certain stage the late Seán Lemass became a member of the committee. The committee brought in certain recommendations. That was the first reference in recent times to a suggested amendment of the Constitution. Since then there have been numerous references, both by the late Seán Lemass, who at the time, I think, spoke for the entire Fianna Fáil Party, and there has been discussion on the matter from all sides of the House.
I accept the Taoiseach's statement, but what I am trying to convey to the Taoiseach is that Deputy Lemass did not try to use the Constitution as an excuse for the failure of his Government, as Ministers appear to be doing at the moment.
No such thing. The late Seán Lemass announced this as a view on behalf of the Government at the time and he invited the two Opposition parties to participate. Since then there has been quite a bit of discussion but no one suggested at that time that Seán Lemass, as Taoiseach, was in any way doing something that he was not within his rights to do. He invited other Deputies to participate in it.
Is the Taoiseach implying that the initiative of Deputy Lemass at that time was in reference to Articles 2 and 3 of the Constitution? Is it not more correct to say that what he had in mind was the possibility of looking at the Constitution as a whole and that the recommendations in regard to Articles 2 and 3 in the report of that committee emerged among scores of others?
The Deputy will recall the report of that committee of which Deputy Lemass was a member. Deputy Colley, who was then Minister for Industry and Commerce, was chairman. The other Fianna Fáil Deputies were Deputies Andrews, Lemass, Molloy, Senator O'Kennedy——
We are well aware of the constitution of the committee.
I was about to say that what was agreed in relation to Articles 2 and 3 was that the committee had given careful consideration to the wording of these provisions. They continue:
We feel that it would now be appropriate to adopt a new provision to replace Article 3.
They went on to say:
The wording which we would suggest is as follows:
1. The Irish nation hereby proclaims its firm will that its territory be reunited in harmony and brotherly affection between all Irishmen.
2. The laws enacted by the Parliament established by this Constitution shall, until the achievement of the nation's unity shall otherwise require, have the like area and extent of application as the laws of the Parliament which existed prior to the adoption of this Constitution. Provision may be made by law to give extra-territorial effect to such laws.
That was the unanimous recommendation of the committee at that time.
I am familiar with the recommendation.
The only person who objected to it was Kevin Boland; no other member of Fianna Fáil opened his mouth.
Would the Parliamentary Secretary please hold his patience while I address a question to the Taoiseach? I am asking the Taoiseach specifically whether he is implying that Deputy Lemass took that initiative with specific reference only to Articles 2 and 3. Is it not true to say that it was with a view to an overall look at the Constitution that this initiative was taken?
Absolutely. Deputy Lemass made a lengthy speech at a cumann meeting in Limerick and it was afterwards that he approached Deputy Corish and me. We had quite some protracted correspondence and eventually agreed the terms of reference. Indeed at that time Deputy Lemass invited and specifically suggested to Deputy Colley that the younger Members of the Fianna Fáil Party should be put on the committee. Subsequently, with the passage of time, Deputy Lemass himself went on the committee and after he went off the committee they put Deputies of a more senior vintage than he had envisaged on the committee.
May I put it to the Taoiseach again whether or not Deputy Lemass in his approach to him and to Deputy Corish referred not to Articles 2 and 3 of the Constitution when he spoke of reviewing the Constitution but to the Constitution as a whole?
He did not refer to any Article.
That is what I wanted to get from the Taoiseach.
Deputy Moore asked me a question——
And the Taoiseach tried to imply that Deputy Lemass initiated this.
No, I did not. I said the whole question of the consideration of this was in recent times initiated by the late Taoiseach, as he then was, Deputy Seán Lemass. In fact, at the time it got a rather short welcome in a leading article, somewhat less explicit than subsequently became the fashion, in The Irish Press.
All I wanted to do was ensure that the Taoiseach was not implying that Deputy Lemass had regard to only Articles 2 and 3.
Must I repeat it again? I said all the Articles—the whole Constitution.
That is established now.