Proinsias De Rossa
Question:10 Proinsias De Rossa asked the Taoiseach if he will outline any proposals the Government are considering for reform of the Constitution; and if he will make a statement on the matter.
Ceisteanna — Questions. Oral Answers. - Constitutional Reform.
There are no proposals at present to amend the Constitution.
I am sure the Taoiseach will be aware that a number of issues in our Constitution require to be addressed. Public opinion polls have indicated widespread support for amendment of Articles 2 and 3. There has been discussion in recent weeks about the possibility of our electoral system being changed by the parties in Government. However, I notice that this was not included in the revised programme for Government. May I ask the Taoiseach what his attitude is to that issue? There is a proposal in the Government review for a discussion document on divorce. I take it that will eventually require a constitutional amendment. May I ask the Taoiseach if he has a timetable in mind in regard to that matter? Another issue which was raised in the last year or two was that of nominations for Presidential elections. Clearly there was public support for a change in that particular process. Can the Taoiseach say whether any of those issues are being considered by the Government?
The Deputy can, of course, bring forward a shopping list of constitutional changes but the answer I have given him stands: that is, that there are no proposals at present to amend the Constitution. The only matter on the immediate horizon is that it is possible, as a result of changes in the treaties of the European Community, that a referendum may be required here.
In view of the anomalies — at least I would call them anomalies — that have arisen in relation to the so called pro-life amendment to our Constitution, whereby it is now illegal to distribute or to offer information on abortion facilities outside the country, would the Taoiseach not consider that that aspect of our Constitution requires review? May I ask him, therefore, in view of all the issues I have raised and, indeed, the very serious question he has referred to himself — the matter of the amendment of our Constitution arising from whatever agreements are made on political and monetary union — if he would establish a committee of the House or a joint committee to review our Constitution and to bring forward propsals for amendment?
I have already given the answer.
May I ask the Taoiseach if the Government have examined closely the outcome of the Crotty case in regard to the Single European Act to determine whether some of our existing international obligations, such as those conferred on us by UN membership, require constitutional validation? Second, may I ask the Taoiseach what will determine, in the agreement at Maastricht, if there is agreement, whether a referendum will be required here? I notice that the Taoiseach used the words "may be" rather than will be required. Would the Taoiseach not agree that most people assume there will be a referendum? In what circumstances would a referendum not be necessary arising from Maastricht?
I agree that most people assume that the probability is that a referendum will be required. As of now we have no guarantee that Maasricht will succeed in bringing forward any final package of amendments to the existing treaties. In the event that there is such a package it may well be that whatever is proposed could come within the ambit of our existing legislation in regard to Community affairs, though I think that is unlikely. Regarding the other issue raised by the Deputy the examination of particular issues like that is being undertaken.
In view of the fact that there is a risk, so long as that question mark hangs over our international agreements, that there could be a constitutional challenge to actions we might take in pursuance of international agreements, would the Taoiseach not agree that it should be a matter of some urgency to bring to a conclusion the examination as to whether we need a referendum to validate our existing international agreements? Can the Taoiseach give any indication as to when the examination, to which he referred, is likely to be concluded?
It will be concluded as quickly as possible but my own constitutional opinion, for what it is worth, is that there is no need to make any amendment.
I am calling Deputy McCartan for a final brief question.
I exhort the Taoiseach not to hold such an indifferent attitude to the Constitution. It does need constant review and there should be proposals before Government currently. May I specifically ask the Taoiseach how he proposes to progress the proposal contained in the just-published Joint Programme for Government which indicates that ground rents will be abolished by the Government by 1997 given that up to now he and his Government have constantly argued that ground rents could not be dealt with because of constitutional difficulties? What will be done vis-à-vis that proposal if the Constitution is not being subjected to review as has been suggested in the question?
The Deputy will have to await our proposals.
Deputy De Rossa rose.
I want to get on to other questions. A brief question, Deputy.
May I ask the Taoiseach if he will establish an Oireachtas committee to review the Constitution? A similar type committee was established in 1967 under a Fianna Fáil Government. However, the proposals brought forward then were not acted on. Given that the Constitution is now more than 50 years in place and that we are moving towards a new millennium would it not be important to have a review of the Constitution?
The Deputy has already put that question.
Can the Taoiseach indicate if he will consider that proposal?
I have indicated that the only constitutional matter on the horizon at the moment is the possibility or probability of some changes in the European treaties which would require a referendum.