Vol. 439 No. 3
1 Proinsias De Rossa asked the Taoiseach in view of the fact that it is now almost 60 years since the Constitution was enacted, if he will consider the establishment of a commission to draft a revised Constitution taking account of social and political changes since the 1930s; and if he will make a statement on the matter.
There are no plans for a general review of the Constitution.
My question asks if the Taoiseach would consider the establishment of a constitutional commission which could look at the various areas of the Constitution which are currently in conflict with each other. This was very much highlighted by the recent court case with regard to the Bill which was struck down by the Supreme Court, although it had been agreed unanimously in this House. Would the Taoiseach not consider the advisability — the Constitution having been in place for almost 60 years now — of reformulating the Constitution to match the needs and the values of the people in this State in the 1990s?
We have no plans for a general review of the Constitution. In relation to the Matrimonial Home Bill, I have said on a number of occasions in the House that the principle in that Bill was struck down by the Supreme Court and that the Government is not proceeding with it beyond that point.
It is not simply a question of the Matrimonial Home Bill. Everybody in this House and outside it was surprised that a decision was made on the basis of references to the family in the Constitution. There are clearly conflicts between property rights, family rights——
I would prefer clear, precise supplementary questions.
——and personal rights in our Constitution. There are conflicts in our Constitution with regard to territorial rights which are in conflict with the Downing Street Declaration at this point. I suggest that it would be worthwhile establishing a commission made up of politicians, lay people, legal experts——
We are having repetition now.
——and constitutional experts to look at our Constitution to reformulate it to bring it into the year 2000 and further.
The Deputy made that point earlier.
After all, Seán Lemass, who was a well respected Fianna Fáil man, suggested that it should be reviewed every ten years.
In relation to the problems raised about the Downing Street Declaration I would remind Deputy De Rossa that I said in the House on a number of occasions that in the event of a balanced constitutional settlement, the Government would be prepared to put the matter to the Irish people for a decision, at that point.
Given the commitment in the Downing Street Declaration would the Taoiseach not accept that he and the Government should remove those aspects of Irish life, including constitutional and legal impediments which are offensive to one tradition on this island and which do not reflect the plurality of this State? Does the Taoiseach not think it is time that a committee of this House should look at the Constitution?
We are again having reference to setting up a committee.
The Deputy should be a little more accurate in relation to what I said, which was that the opportunity would be there for those people who feel that there may be aspects of our Constitution that are repugnant to what they believe, to make the case to the Government and to me in relation to them. That is what the Declaration says and not what Deputy Harney imputes.
A Cheann Comhairle——
I will call the Deputy again, but the Chair will not be frustrated in this manner. I am calling Deputy Fitzgerald.
If there was an equality clause in the Constitution the judgement of the Supreme Court might have been different. Would the Taoiseach support the Constitution being amended to prohibit all forms of discrimination either direct or indirect, based on sex, as recommended by the Commission on the Status of Women.
The Constitution is for interpretation by the Supreme Court and not by us. With regard to the Matrimonial Home Bill it was not knocked down for textual reasons. The central principle involved was knocked down because it was against the Constitution.
Does the Taoiseach not accept that we should change our Constitution if we feel that it is repugnant to people in this part of the island? The Tánaiste has already said he believes there are parts of the Constitution which do not reflect life as it should be in this part of the country. Given that, would the Taoiseach not set up an all-party committee of this House and allow the elected members to look at our Constitution?
I have no such plans at this stage.
Does the Taoiseach accept that there is quite a large democratic deficit in Irish society and would he use the opportunity of looking again at the Constitution to put in place appropriate relevant structures that would maximise the participation of the many concerned groups and individuals who feel alienated by the current lack of democracy?
I do not accept that a range of sections of the community have been alienated. I repeat that we have no plans at the moment for a general review of the Constitution.
Having repeated his reply four times so far with regard to not having plans to review the Constitution, does the Taoiseach agree that the Constitution is in need of revision?
I repeat, for the fifth time, that I have no such plans. There are various aspects of the Constitution that come up for consideration from time to time and one aspect relates to the Downing Street Declaration. The position of the Government is clear in this regard and I have already made clear the position of the Government in regard to the principles involved in the Matrimonial Home Bill.
