Vol. 458 No. 8
12 Mr. Callely asked the Taoiseach the proposals for amendment of the Constitution, if any, that he intends to introduce; if so, the Articles involved and time-scale anticipated for these amendments; and if he will make a statement on the matter. [17602/95]
13 Mr. B. Ahern asked the Taoiseach the plans, if any, the Government has to hold any further Referenda on the Constitution up to June 1996. [17758/95]
I propose to take Questions Nos. 12 and 13 together.
The Government intends to initiate Constitution amendment Bills on votes for emigrants and Cabinet confidentiality and these are being drafted at present. I am not yet in a position to indicate when the necessary referenda will be held but I expect it will be some time next year.
The Minister for the Environment proposes to promote debate on emigrant representation by publication shortly of the text of the proposed Constitution amendment Bill on votes for emigrants as well as outline proposals for the implementing legislation which will be required if the amendment is approved in a referendum.
The Minister for Justice is examining the Law Reform Commission report on the law of bail published on 27 September. When that examination is completed she will bring proposals, including options for any constitutional amendment, before the Government and an announcement of the Government's decision on the matter will be made in due course.
I take it that the position of the Minister for Justice and the Government on a referendum on bail, as outlined in statements earlier in the year and during the debate on the Fianna Fáil Private Members' Bill some weeks ago, still holds and that a bail Bill will be put before the House.
I understand that the Constitution Review Group is proceeding satisfactorily with its work. Will its recommendations be taken into account in any referenda we may hold during 1966?
It is unlikely that it will be possible to take into account any recommendations from the Constitution Review Group in a referendum in 1996 because the group is not expected to produce its final report until Easter. The next step will be for the report to be examined by an all-party committee of the House. Unless such a committee reaches agreement quickly, it is unlikely for logistical and timing reasons, that any of the matters in the report will be ready for a referendum during 1996. This could be a different matter in 1997. The situation on bail is set out in my reply to the questions asked by Deputies Ahern and Callely today.
The Taoiseach and the Government seem to have changed their minds on the question of a bail referendum. In March the Minister for Justice said we would have a bail referendum. I know the Taoiseach has had other worries in recent days but he will have noticed that more people are being shot in the streets of this and other cities, that drugs are becoming more plentiful and cheaper and that crime is rising. Does the Taoiseach not feel, given the most horrific year of crime in the history of the State, that he should give a clear commitment to hold a referendum on bail?
We received a report from the Law Reform Commission which suggests alternative ways of dealing with this problem short of constitutional change. It is prudent for the Government to examine this report quickly. Arguments in it would be advanced in respect of any proposals which might be put forward. It is better to first examine the report so that any proposal which the Government might make on bail, whether or not it involves a constitutional amendment, takes fully into account the learned and detailed review of the law contained in the report. I strongly affirm the Government's absolute determination to deal with the problem of crimes committed by people on bail.
What about Castlerea?
This is a serious problem because of the tendency of people on bail to believe they are "going down" anyway. They do not have to have the same fear of the consequences of their actions as people who are not in this position. I strongly affirm the Government's determination to deal with this matter in the most effective legal way possible. It is important to find a way which works. In so doing, we will take full account of the recommendations of the Law Reform Commission and other views canvassed in the House or elsewhere.
Do I take it from the Taoiseach's reply that it may not be necessary to hold a referendum on bail?
No. The Deputy can take it from my reply that we are considering the Law Reform Commission's report to see if it provides an alternative and we will come to a decision on this at an early stage. It may well be that constitutional change will have be be considered but at this juncture the Government's task is to consider whether the alternatives suggested in the report are adequate and, if they are not, to proceed with a constitutional amendment. It is important to find the most effective method to deal with this problem.
Surely the Taoiseach will agree that, leaving aside the issue of bail, one solution would be to have adequate places for those found guilty before the law, and the building of Castlerea prison and the women's prison in Mountjoy should be a priority in this regard.
That is a separate matter.
The Taoiseach just sits there and gives no reply.
