Vol. 423 No. 4
4 Proinsias De Rossa asked the Taoiseach the legislative priorities his Government has for the remaining life of the 26th Dáil, especially in view of his reported comments that legislation to comply with the judgment of the European Court of Human Rights in the Norris case was at the bottom of the list of priorities; the criteria used by the Government to determine the priority afforded to particular legislation; and if he will make a statement on the matter.
The Government have a comprehensive legislative programme for the remainder of the 26th Dáil, as set out in the Review of the Programme for Government.
The Government agrees its legislative intentions for each session at the commencement of the session and the Government Chief Whip has provided the Opposition Whips with a list of the Government's proposals for this session.
As the Deputy is aware, the legislative programme is discussed by the Whips on a regular basis. From time to time matters arise which require urgent attention and while the Government, in the main, works to a planned programme, account must be taken of developments as they arise.
I specifically asked the Taoiseach in relation to the Norris case and the judgment of the European Court of Human Rights which judged we were in breach of the Convention on Human Rights. Will the Taoiseach indicate when it is intended to deal with that issue? I notice from the list of proposed Bills for this session that it is not listed at all, although there was a commitment given by the Irish Ambassador that it would be introduced by the end of this year.
I dealt with this matter on a number of occasions in this House. The Criminal Law (Homosexual Offences) Bill referred to by the Deputy is in the course of preparation. It is most unlikely to be finalised this session. There is a long list of Bills being prepared by the Department of Justice at the moment totalling about 22. I am sure the Deputy will be aware that priority is being given to Bills that have to be introduced in this House to fulfil the commitment of the House and of political leaders to the referendum in relation to travel and information and the substantive issue of abortion and in relation to the White Paper on Marriage Breakdown. Apart from those three Bills, there are 19 other Bills to be dealt with. The drafting of the Bill to which the Deputy referred will not be completed this session.
When does the Taoiseach expect the Bill to be drafted? It cannot be a very complicated Bill. We are talking about the 1861 Act which criminalises homosexual acts between adult men. Surely it is not a huge drafting problem to produce a Bill which decriminalises homosexual activity between adult men. Given that we are in breach of a Convention which we solemnly signed and ratified, surely the Taoiseach would regard that as a priority? I would also point out to the Taoiseach that it is estimated that about 10 per cent of our population could be affected by this gap in our legislation. Does he not regard that as a matter of priority, accepting fully the matters he has outlined as being matters of priority? Can we at least have an indication that this matter will be dealt with before the end of the next session?
The position in regard to this session is as I have already outlined to the Deputy. There are Bills which have been given priority by the Government in regard to publication this session. There are also Bills in relation to family law that we want to see brought forward and processed through this House at the earliest opportunity. This will not be taken this session, nor will it be ready to be taken this session. The Government decide what priority must be given to different legislation before each session commences.
In relation to this promised legislation, does the Taoiseach accept that this House, and the Government in particular, have obligations in relation to the decision of the European Court of Human Rights? Secondly, can the Taoiseach assure this House that he, as Leader of Fianna Fáil and of the Government, is confident that his own party will accept, allow and provide support in this House for legislation to decriminalise homosexuality?
Of course the Government accept responsibility in relation to the production of this Bill and it will be done in due course. We have an established priority legislation for this session and that is what will be completed.
Is the Taoiseach aware that it is necessary that he should make a general statement as to the Irish Govenment's support for the European Convention on Human Rights and their general willingness to speedily implement any of its judgments in view of the fact that any person who is adversely affected by the failure of a Government to act to translate such a judgment into law in their country can sue the Government civilly for such failure and that as long as the Government fails to implement any such judgment the Government is seriously at risk?
Let me repeat that the Government fully accepts its responsibility in this matter and undoubtedly has fulfilled its obligations to Europe in this regard.
I am calling Deputy De Rossa. Progress on questions today is particularly sluggish. We have not gone beyond four questions in half an hour and that is not satisfactory from any standpoint. I seek the assistance of Members to permit me to make more progress.
A Cheann Comhairle, you will accept that the delay was not my doing. This is only my third intervention in half an hour. Can the Taoiseach give us at least a promise that he will seek to have this matter dealt with in the next session?
I have nothing further to add to what I have already said to the Deputy in relation to the priority as established by the Government. That will be done in due course.
