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Dáil Éireann debate -
Tuesday, 10 Apr 2001

Vol. 534 No. 3

Order of Business. - An Bille um an Dóú Leasú is Fiche ar an mBunreacht, 2001: Ordú don Dara Céim. Twenty-second Amendment of the Constitution Bill, 2001: Order for Second Stage.

Bille dá ngairtear Acht chun an Bunreacht a leasú.
Bill entitled an Act to amend the Constitution.

Tairgim: "Go dtógfar an Dara Céim anois."

I move: "That Second Stage be taken now."

There is a very strong argument for a reasonable time gap between publication of a constitutional amendment Bill and the taking of Second Stage. This view is shared by the All-Party Committee on the Constitution which recommended a gap of 90 days between publication of a Bill and taking it in the House. As this is a complicated measure, it is wrong that it is being catapulted into Second Stage at very short notice. It would be good for debate in the House if the Minister postponed the taking of Second Stage until another date.

The Bill has been published for less than two weeks. It is such a complex measure that to date neither the Minister nor his Department has been able to publish an explanatory memorandum to accompany the Bill. There are explanatory memorandums accompanying the constitutional amendment Bill relating to the Nice Treaty. We have had explanatory memorandums on the establishment of an international criminal court. As matters stand, this Bill has not received any public attention. There has been no public debate outside this House. We know that to give effect to one of the constitutional amendments which the Minister proposes, it would be necessary to publish more legislation, which he has failed to do even in draft form. In those circumstances, we believe the taking of Second Stage should be postponed until after the Easter recess and until the draft legislation which the Minister envisages necessary to give effect to new Article 35.4 is published.

The subject matter of this legislation has been discussed at great length by the Constitutional Review Group, the All-Party Group and the Committee on Judicial Conduct and Ethics.

That is not a committee of this House, they are judges.

The matter has been in the public domain. The arguments are clear and simple.

It is wrong.

There is no need for an explanatory memorandum, the legislation speaks for itself. Both Opposition spokespersons are simply being mischievous.

That is extraordinary.

Question put.

Ahern, Bertie.Ahern, Dermot.Ahern, Noel.Andrews, David.Ardagh, Seán.Aylward, Liam.Blaney, Harry.Brady, Johnny.Brady, Martin.Brennan, Matt.Brennan, Séamus.Briscoe, Ben.Browne, John (Wexford).Callely, Ivor.Carey, Pat.Collins, Michael.Cooper-Flynn, Beverley.Coughlan, Mary.Cullen, Martin.Daly, Brendan.Davern, Noel.de Valera, Síle.Dennehy, John.Doherty, Seán.Ellis, John.Fahey, Frank.Flood, Chris.Foley, Denis.Gildea, Thomas.Hanafin, Mary.Harney, Mary.Haughey, Seán.Healy-Rae, Jackie.Jacob, Joe.Keaveney, Cecilia.Kelleher, Billy.

Kenneally, Brendan.Killeen, Tony.Kirk, Séamus.Kitt, Michael P.Kitt, Tom.Lenihan, Brian.Lenihan, Conor.McDaid, James.McGennis, Marian.McGuinness, John J.Martin, Micheál.Moffatt, Thomas.Molloy, Robert.Moloney, John.Moynihan, Donal.Moynihan, Michael.Ó Cuív, Éamon.O'Donnell, Liz.O'Donoghue, John.O'Flynn, Noel.O'Hanlon, Rory.O'Keeffe, Batt.O'Keeffe, Ned.O'Malley, Desmond.O'Rourke, Mary.Power, Seán.Roche, Dick.Ryan, Eoin.Smith, Brendan.Smith, Michael.Treacy, Noel.Wade, Eddie.Wallace, Dan.Wallace, Mary.Woods, Michael.Wright, G. V.

Níl

Barnes, Monica.Bell, Michael.Belton, Louis J.Bradford, Paul.Broughan, Thomas P.Browne, John (Carlow-Kilkenny).Bruton, Richard.Burke, Liam.Burke, Ulick.Clune, Deirdre.Cosgrave, Michael.Coveney, Simon.Crawford, Seymour.Creed, Michael.Currie, Austin.Dukes, Alan.Durkan, Bernard.Enright, Thomas.Finucane, Michael.Fitzgerald, Frances.Flanagan, Charles.Hayes, Brian.Healy, Seamus.Higgins, Jim.Higgins, Joe.Hogan, Philip.Howlin, Brendan.McCormack, Pádraic.

McDowell, Derek.McGahon, Brendan.McGrath, Paul.Mitchell, Gay.Mitchell, Olivia.Moynihan-Cronin, Breeda.Naughten, Denis.Neville, Dan.Ó Caoláin, Caoimhghín.O'Keeffe, Jim.O'Shea, Brian.O'Sullivan, Jan.Owen, Nora.Penrose, William.Perry, John.Quinn, Ruairí.Rabbitte, Pat.Ring, Michael.Ryan, Seán.Shatter, Alan.Sheehan, Patrick.Stagg, Emmet.Stanton, David.Timmins, Billy.Upton, Mary.Wall, Jack.Yates, Ivan.

Tellers: Tá, Deputies S. Brennan and Power; Níl, Deputies Bradford and Stagg.
Question declared carried.
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