Dick Spring
Question:3 Mr. Spring asked the Taoiseach if he will outline (a) the number and (b) nature of any referenda which the Government intend holding during 1992.
Ceisteanna — Questions. Oral Answers. - Referendum on Maastricht Treaty.
Proinsias De Rossa
Question:4 Proinsias De Rossa asked the Taoiseach if he will outline the proposals, if any, he intends to bring forward for the reform of the Constitution.
John Bruton
Question:5 Mr. J. Bruton asked the Taoiseach if he will outline his plans for the referendum for ratification of the Maastricht Treaty.
I propose to take Questions Nos. 3, 4 and 5 together.
As the Deputies will be aware, a constitutional referendum must be held this year to enable us to ratify the Maastricht Treaty on European Union. Beyond this, and bearing in mind that the new Government came into office only last week, I am sure that the House will accept that it would serve no useful purpose at this early stage for me to speculate or to anticipate proposals on matters of fundamental constitutional importance, pending a through examination by the Government of the issues and considerations involved.
In relation to the referendum on Maastricht, may I put it to the Taoiseach that the delay in producing the White Paper will cause serious problems? Would he give a commitment in this House in relation to the date of publication of that White Paper? Second, in relation to the promised White Paper on marital breakdown, perhaps he could give us an indication today when that will be published and whether he envisages a referendum on that in the course of this 12 months?
In relation to the White Paper for the referendum on the Maastricht Treaty, it will be published as soon as possible. I have asked the Minister for Foreign Affairs and his Department to expedite it. There is major work involved and I can assure Deputies that it is being given top priority. It will be comprehensive and thorough in outlining the issues and assessing their implications. Work on the necessary legislative proposals to enable a referendum to take place is proceeding in parallel, and is also being given top priority.
While I must of necessity avoid specific timetable commitments as of now, recognising that we are only a few days in office, I am satisfied that it will be produced in ample time for consideration and that time will be provided for debate on it. In relation to the White Paper on marital breakdown, I have already asked the Minister for Justice to expedite its completion and bring it forward as soon as possible.
Would the Taoiseach agree that it is increasingly clear that a major review of the Constitution is required in view of all the issues now arising with regard to the need for change — the abortion issue is clearly one which must be dealt with urgently. In the course of the last few days, has the Taoiseach initiated any internal discussions or review of the constitutional provision on this issue given that it is untenable at this time in view of recent events?
I am surprised at the Deputy raising that matter at this stage. I am sure he is well aware that later today time will be made available for statements on this matter. Second, there are many other aspects which will be considered by the Government in relation to that referendum. There is the agreement between the EC and EFTA, the Community Patent Convention, protocols, conventions and contractual obligations, EC bankruptcy, etc. and a whole range of areas. We want to be extremely careful. This is a very important referendum so far as this country is concerned and that is why it has to be considered on its own. The Government will be considering the whole range of areas that need consideration before we finally make a decision.
Will the Maastricht referendum take place before or after the Dáil summer recess? Have the Government, at this point, ruled out or ruled in the possibility of dealing with other constitutional amendments that might be considered on the same day, for example, divorce or the possibility of allowing emigrants to have votes in Seanad elections?
As I have already stated, it would be most unwise for me, after only four days in office, to give specific undertakings about what will or will not be in the referendum. I have already said the Minister for Foreign Affairs and the Department have been asked to expedite the work on the White Paper for the referendum on the Maastricht Treaty, beyond that I am not prepared to go further today.
May I ask the Taoiseach about the timing?
I want to call Deputy De Rossa.
May I ask the Taoiseach whether the referendum will be held before or after the summer recess?
I have already said I would not be specific and after only four days in office, it would be unwise to give a specific date. It will be done as soon as possible.
The work had been started before the Taoiseach came into office.
The Taoiseach expressed surprise that I would raise the question of the abortion amendment to the Constitution. As I understand it, the statements to be made in this House, after the Order of Business, relate to the particular incident that has occurred in the courts.
Let us not anticipate the statements now.
I am raising a specific question with regard to the constitutional provision which prohibits abortion in this State and which is now being applied by our courts to other states as well. I am asking the Taoiseach if the Attorney General has, at any time, either since he took up office or before, raised at Government level the question of how that particular provision in the Constitution could be or should be applied or if he had any concerns about how it ought to be applied. I do not want the Taoiseach to say that we are going to have statements on it——
The Deputy need not elaborate now.
——because the statements do not provide for the Taoiseach to answer questions.
I have nothing further to add to what I have already said in relation to the forthcoming referendum on the Maastricht Treaty which is the subject of the questions here today.
Is the Taoiseach in a position to outline to the House whether his predecessor and the previous Minister for Foreign Affairs had the work almost completed on the White Paper? Could he outline to us exactly what stage the work was at? Is he aware that the previous Minister for Foreign Affairs, who is present in the House, gave an assurance to the House in a debate that the White Paper would be published early in the New Year? Can the Taoiseach say when the White Paper will be published in view of the fact that some of our EC partners have already published White Papers and that we are just dragging along last?
Brevity, please.
I can confirm for the Deputy that a considerable amount of work had already been done on the White Paper and that the previous Minister for Foreign Affairs was quite correct. I would remind the Deputy that we are still early in the New Year and that it will be published as soon as possible and that other events which have taken place in the meantime set it back by a matter of weeks.
Is the Taoiseach aware that a predecessor of his, Seán Lemass, suggested that the Constitution should be reviewed every 25 years? In view of the fact that it is now exactly 25 years since the last all-party committee on the Constitution reported, would the Taoiseach consider setting up an all-party committee to review the contents of the Constitution at this time?
That is a separate question. If the Deputy puts it down we will be only too glad to answer it. Indeed, it could be seen to form part of the next group of questions.
It is not a separate question but I will put it down.
Question No. 6, please.