asked the Taoiseach the Government's intentions in regard to an amendment to the Constitution designed to protect the life of the unborn.
Ceisteanna—Questions. Oral Answers. - Pro-Life Amendment to the Constitution.
3.
The Government intend to proceed with the Pro-Life Amendment of the Constitution next week and the Bill has been restored to the Order Paper.
Perhaps the Taoiseach would indicate to us when in the Parliamentary programme it is hoped to take this legislation and also what Minister of the Government will be responsible for sponsoring it through the Oireachtas?
It is hoped to take it next week. It is a matter for discussion between the Whips but we hope it will be taken then. The Minister for Justice will be responsible for it.
I think the Taoiseach will accept that it is circulated to us in the name of the Minister for Health.
It will be taken by the Minister for Justice.
Does that mean that this text will have to be withdrawn and recirculated? However, we will not make any difficulties about it.
There is a change of responsibility which comes up under another question later and perhaps we could deal with it better then.
Is the position now clear that the legislation will be sponsored by the Minister for Justice?
Yes.
Would the Taoiseach not consider even at this late stage withdrawing the Bill which is totally repugnant to quite a large section of the population of the State?
The merits of the Bill cannot be gone into at this stage.
Would the Taoiseach consider withdrawing the Bill at this stage?
No, the Bill has been reordered for discussion next week.
Will the Minister for Justice be presenting the Bill on his own behalf or will he be presenting it on behalf of the Government? Does the Bill have the full support of the Government?
As I made clear in the programme for Government, the decision to introduce the Bill is a decision of the Government. The question of voting on the Bill is, in the case of the Labour Party, a matter for individual members of that party.
Will this Bill which is being introduced have the full support of the Government?
The introduction of the Bill has the support of the Government. The question of voting on the Bill is a matter, in the case of the Labour Party, for individual Deputies.
The Bill has already been introduced to the House in the last session. It is now reintroduced without the full support of the Government except for its introduction in the House——
A question please, Deputy.
Is that the only collective agreement the Government have in this Bill?
Yes. Agreement was to introduce. As I have said, repeatedly, in the case of the Labour Party the decision on the voting on the Bill is a matter for individual Deputies.
The Taoiseach will be conscious of the fact that the Tánaiste has indicated that he has had legal advice which does not seem to be to the same effect as that available to the Taoiseach. Will the Taoiseach explain if there will be any attempt to reconcile the different legal advice given to the Tánaiste and that given to the Taoiseach in this matter?
The Deputy is anticipating the debate on the matter. This does not arise at this stage.
It is on the basis of legal advice that legislation is introduced here. On the one hand the Taoiseach is satisfied, having received legal advice, that it is appropriate to bring it to this House but the Tánaiste, the Deputy Prime Minister, has legal advice which suggests another course. Surely there is something to be reconciled before the House is asked to deal with the matter?
This is a matter for a Second Stage debate as it is going into the merits of the matter.
No, it is the basis on which legislation is being introduced.
The Chair feels that it is.
This is relevant having regard to what the Taoiseach has said. We are now talking about the principle of collective responsibility under Article 28 of the Constitution where it specifies that decisions made by Government are collectively carried through by Government. Are we now, on the Taoiseach's own admission, in a situation where there are two wings in the Government who are opposed on this important matter? Is he proposing to proceed by way of a device to obfuscate that situation until Second Stage debate?
My intention was to clarify rather than obfuscate. I am sorry the Deputy has not followed me. The decision to introduce the Bill is one to which the parties in Government agreed and have now implemented. On the question of voting on subsequent Stages of the Bill, in the case of the Labour Party it is a matter for individual Deputies. That was made perfectly clear in our programme for Government. I do not know if I have made that any clearer by saying it four times as against three times.
Have the Government made a decision as a Cabinet with regard to collective responsibility in promoting this Bill? This question is pertinent and germane to Article 28 of the Constitution and the whole establishment of Government within our Constitution and laws.
The Government decided to introduce the Bill and subsequent debate on the Bill will be carried on in accordance with what I have said. I have said this four times.
It is total evasion.
The Taoiseach has told us that members of the Labour Party will have a free vote on the Bill when it comes before the House. He did not say what would be the position with regard to members of Fine Gael. Will there be a free vote as far as Fine Gael are concerned?
The Fine Gael position as regards this matter was established clearly. It is not in doubt that all members of the party are committed to vote for the Bill.
We are not talking about voting. We are talking about the collective responsibility of the Government.
Taking it that there will be agreement from me, as Fianna Fáil Whip, to take this Bill next week, will the Taoiseach confirm or deny that the date in the Government's mind for the referendum is 23 March?
The Government have not taken a decision on the date for the referendum other than the general commitment to have it prior to 31 March. The date will depend on progress in the Dáil and Seanad, subject to that constraint which we feel we are under in giving the undertaking that we gave.