Vol. 445 No. 9
1 Proinsias De Rossa asked the Taoiseach the plans, if any, he has for a comprehensive review of the Constitution in view of the fact that it is almost sixty years since the Constitution was drawn up and having regard to the social and political changes since then; and if he will make a statement on the matter. [532/94]
There are no plans for a general review of the Constitution.
There is a referendum on divorce in prospect, as indicated in the Programme for Government. The proposal in that regard is being prepared by the Minister for Equality and Law Reform, who will bring it before the House as soon as the Supreme Court Case on the constitutionality of the Judicial Separation Act is concluded.
Will the Taoiseach agree, in view of the various challenges to the Constitution and the fact that it is almost 60 years since it was put in place and some time since there was a review of the Constitution as the basic law document of the State, that it is time to carry out a general review, particularly in relation to Articles 1, 2 and 3 and the sections which deal with the rights of women in society? Will he agree that those areas need urgent attention and that a Dáil committee should carry out such a review?
I repeat that the Government does not have any plans to carry out a general review of the Constitution in relation to the area of the family law programme. We set out an extensive family law programme in the Programme for Government and we are following it up with the Family Law Bill, the Maintenance Bill, the Civil Legal Aid Bill and the Domestic Relations (Protection of Persons) Bill. On the general review question of the Constitution, we do not have any plans in relation to Articles 2 and 3 which are the subject of discussion in the context of the framework document. That is a matter for another day.
I understand what is contained in the Programme for Government, but it would be better to carry out a general review of the Constitution in tandem with whatever work is being carried out at present so that the many anomalies, the contradicting and conflicting decisions made in respect of the rights of the family and of women and the mess in respect of the abortion issue could be addressed. It would make sense for the House to decide to have a general review of the Constitution to bring us into the next century.
I do not agree with many of Deputy De Rossa's comments in relation to the "mess" to which he referred. The Government is proceeding with its legislative programme. Of course, it is always open to anyone to challenge the constitutionality of any legislation proposed to be enacted by the Government. That right is there and will always be there.
I draw the Taoiseach's attention to Article 28 of the Constitution which requires the Government to act as a collective authority. Will he agree that it is a breach of collective authority and of the spirit of Article 28.4.2º for members of the Cabinet to leak Cabinet proceedings to the press and for its members to make public proposals in respect of matters that will be brought before the Cabinet at a later stage. In regard to Article 28.6.1º which refers to the functions of the Tánaiste, which include acting for the Taoiseach when he is absent for any reason, will he agree that if that constitutional provision is to be abided by there should at least be a minimal measure of diary co-ordination between the Taoiseach and the Tánaiste to ensure that one or other is in the country?
Some of the matters raised anticipate certain questions on the Order Paper.
I do not accept what Deputy Bruton said in relation to the Tánaiste and the Taoiseach having to be in the country at the same time. They have often been absent at the same time. Consequently, that is a matter for ourselves in respect of the overall management of the Government and the economy. On the question of what is confidential in relation to Cabinet meetings, that has been spelt out loud and clear by everybody and is the subject matter of a Supreme Court decision.
Would the Taoiseach not agree that he himself breached Cabinet confidentiality and the provisions of the Constitution when he leaked the information that the Minister for Finance was the only Minister voting against the tax amnesty?
The Taoiseach does not leak information.
Is the Taoiseach denying that he let it be known that the Minister for Finance was the only Minister who voted against the tax amnesty?
I cannot dwell unduly long on any one question. Let us not forget that in respect of questions to the Taoiseach on Tuesdays, 30 minutes only is provided for.
Are you giving him time to think of an answer?
It is a statement the Chair usually makes in dealing with questions to which a rigid time limit applies.
What about public memoirs of Fine Gael Ministers? Are they a breach of Confidentiality?
Yes, and if the Deputy checks the records he will find I said that at the time.
Do they act as a collective authority then?
Does the Taoiseach not consider that it was a breach of Cabinet confidentiality and of the Supreme Court decision for him to have leaked the fact that the Minister for Finance was the only Minister who was against the tax amnesty?
Repetition is a luxury we cannot afford at Question Time.
Would the Taoiseach not agree that the Constitution applies to him as it does to everyone else?
Of course the Constitution applies to me and I fully respect and, indeed, always abide by it. I would remind the Deputy that there was no vote on the tax amnesty.
I agree with what Deputy De Rossa said about the role the Constitution assigns to women in society. It perceives them merely as wives and mothers. Single women have no role under the Constitution. In view of the commitments made in the Downing Street Declaration, will the Government examine those aspects of our laws and of Irish life generally which are an obstacle to reconciliation? Does the Taoiseach agree that it would be timely to establish a committee of this House to look at the 1937 Constitution?
These questions have been advertised to earlier.
I have nothing to add to what I have already said about this.
Why is the Taoiseach against it? Does he want to get rid of these things or does he not?
As the family is accorded a central role in the Constitution as the cornerstone of society, and 1994 is the Year of the Family, could we not agree to have a debate on all aspects of the relevant article of the Constitution to see if we are fulfilling our duties and obligations to the family which plays a pivotal role in society?
I have already referred to an extensive range of family legislation that is before the House and which has gone through the House. There will be plenty of opportunities to do what Deputy Higgins is suggesting.
Does the Taoiseach accept that there is a need for a review of the Constitution?
I have no plans in that regard.
This is open Government.
