Dáil Éireann debate -
Thursday, 12 Apr 2001

Vol. 534 No. 5

Order of Business. - ALT 1. SECTION 1.

Tairgeadh an cheist: "Go seasfadh alt 1 mar chuid den Bhille."

Question proposed: "That section 1 stand part of the Bill."

Mr. J. O'Keeffe:

I have no problem with the substance of the section but I ask the Minister to check if the numbering proposal is correct. There are a number of referendum Bills, including the legislation relating to the Nice Treaty. The Twenty-third Amendment of the Constitution Bill states that the additional text will be inserted after section 8 of the English text. This relates to Article 29.4.8º. The Bill relating to the Nice Treaty states that the provisions in relation to the Treaty of Nice shall be inserted in Article 29.4 and that, as part of the change, subsections (7) and (8) shall be numbered subsections (9) and (10).

It is a mechanical numbering point because it appears two subsections (9) are being proposed. This Bill proposes that its provision will be subsection (9) while the legislation relating to the Nice Treaty states that the Nice provisions will be subsections (9) and (10). I raise this point to ensure constitutional correctness and proper drafting. It appears there is a contradiction between the two Bills because they both provide for new subsections (9). That will not work and a solution must be found. It may be the case that this Bill does not need to be amended and that the change can be made in the Bill that is subsequently introduced. If the Bill relating to the international criminal court is passed today, the necessary technical change can be made in the Bill relating to the Nice Treaty.

Mr. Cowen:

This new provision when adopted by the people will be a new Article 29.9 in the Constitution.

Mr. J. O'Keeffe:

Article 29.4.9º?

Mr. Cowen:

No, Article 29.9 of the Constitution. The Treaty of Nice will be the new Article 29.4.9º and Article 29.4.10º. This will be inserted as the new Article 29.9.

Mr. J. O'Keeffe:

That solves the problem.

An Ceann Comhairle:

Ós rud é go bhfuil sé a haon a chlog, ní foláir dom an cheist seo a leanas a chur de réir ordú an lae seo ón Dáil: "Go n-aontaítear leis seo i gCoiste ailt 1 agus 2, an Sceideal, an Réamhrá agus an Teideal agus go dtuairiscítear an Bille gan leasú don Teach dá réir sin; go gcríochnaítear leis seo an Ceathrú Céim; agus go ndéantar leis seo an Bille a rith."

As it is now 1 p.m., I am required to put the following question in accordance with an order of the Dáil of this day: "That sections 1 and 2, the Schedule, the Preamble and the Title are hereby agreed to in Committee and the Bill is accordingly reported to the House without amendment; Fourth Stage is hereby completed; and the Bill is hereby passed."

Cuireadh agus aontaíodh an cheist.

Question put and agreed to.

An Ceann Comhairle:

The Bill will now be sent to the Seanad.