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Dáil Éireann debate -
Wednesday, 7 Oct 1992

Vol. 423 No. 1

Ceisteanna-Questions. Oral Answers. - Constitutional Changes.

John Bruton

Question:

2 Mr. J. Bruton asked the Taoiseach whether the Government intends to bring forward any proposals for change in the Constitution.

The Government's White Paper on Marriage Breakdown which was published last week says that the Government will hold a referendum on divorce after a full debate on the issues, and following the enactment of other proposals on Family Law which are outlined in the White Paper.

As to issues arising from the Supreme Court decision in the case of Attorney General v. X, the Government have decided that the three issues, namely travel, information and the substantive issues, will be dealt with by referenda, to be held on 3 December 1992. I have invited the other party leaders to meet me later today to discuss the Government's proposals.

Any other questions will be dealt with as they arise.

Can the Taoiseach explain the difference in his approach to the constitutional amendment necessary to deal with marriage breakdown and that concerning the substantive issue arising in the X case? Why is the Taoiseach putting forward a definite proposal with a deadline of less that two months for dealing with one question and no definite proposals and no clear deadline with regard to marriage breakdown?

We must compare like with like. The question of the substantive issue in the X case is for a clearcut decision. We can deal with it either by legislation or by referendum. The Government have decided to deal with it by way of referendum. The White Paper on Marriage Breakdown is there for a good, honest, open debate. The Government will choose which option to go for and will seek to put it before the people when the time comes, but that is contingent on other family law legislation having been passed through the House.

Would the Taoiseach not agree that there is inconsistency here in that as regards marriage breakdown the Government's view is that all the legal issues should be settled before the constitutional question is considered, whereas in the case of abortion the Taoiseach says we must settle the constitutional issue and then deal with the legislative issues? Why is the Taoiseach adopting contradictory approaches to two issues which are equally complicated and difficult?

I regard my approach as being practical and having common sense.

As I understand the timetable outlined by the Government last evening in relation to the three referenda, it envisages the Government having to make a decision this week or next week at the latest. The Taoiseach and his colleagues, and particularly the subcommittee of the Cabinet, have had the benefit of six or seven months deliberations in relation to this issue and he is putting the Opposition parties under undue pressure, if he wants decisions by Friday of this week. It would be far wiser if we took a longer course of action in relation to this and had some time to consider the serious issues.

I hope to discuss what the Deputy is saying with him and other leaders this evening. I have been continuously pressed in this House to ensure that the timetable we all agreed to last summer, when we opted for a referendum, be complied with. It is in an attempt to do that that matters are being brought forward. We will discuss those matters this evening.

Would that the Government would also meet their objectives and timetables, particularly The Programme for Government which sadly has not yet been implemented. In view of the fact that we now have a whole range of issues arising from Supreme Court decisions and from obvious needs for change in the Constitution, would the Taoiseach not consider establishing an Oireachtas Committee to examine the Constitution with a view to bringing forward proposals for a new constitution? There have been Supreme Court decisions with regard to abortion and Cabinet confidentiality and there is a need to change the Constitution in relation to divorce. Also, there are other very serious anomalies in our Constitution with regard to the status of women in our society.

I have no plans to introduce a new Constitution. Some of the other matters to which the Deputy referred are the subject of later questions.

In view of what Deputy Spring said, is the indication which the Taoiseach gave to the House this morning, that the Government will come to a decision on Friday on this matter, now not as firm as it was this morning?

In case Deputies are in any doubt, the Government have decided to hold three referenda. The wording involved is the matter for discussion and consultation with the party leaders this afternoon and tomorrow.

Is the Friday deadline mentioned by the Taoiseach this morning not necessarily firm?

There are 44 Questions to the Taoiseach. I want to deal with them as expeditiously and as fairly as possible.

There is no change.

The House would like an answer to my last supplementary.

Would the Taoiseach agree that Members of this House have taken him at his word when he said in the past that he is seeking consensus and that if that is the case, the Taoiseach must allow reasonable time for people to consider proposals and alternatives? Imposing a deadline of next Friday for a Government decision on discussions that have not yet been initiated is unrealistic.

We are having quite a lot of repetition.

The Deputy seems to be forgetting that it will take a considerable time to get those Bills through the House. That will allow further time for amendments that Deputies may wish to put down.

Nonsense.

What is the point of meeting if the Government have made up their minds?

The Deputy should wait until the meeting takes place and he should then comment on the matter. The Deputy should not comment in advance.

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