Ruairí Quinn
Question:21 Mr. Quinn asked the Taoiseach his proposals for further amendments to the Constitution; and if he will make a statement on the matter. [13120/02]
Ceisteanna – Questions. - Constitutional Amendments.
Trevor Sargent
Question:22 Mr. Sargent asked the Taoiseach the referendums the Government is intending to hold in 2002; and if he will make a statement on the matter. [13133/02]
Enda Kenny
Question:23 Mr. Kenny asked the Taoiseach the position in respect of the implementation of the recommendations of the all-party committee on the Constitution; and if he will make a statement on the matter. [13145/02]
Enda Kenny
Question:24 Mr. Kenny asked the Taoiseach when he will next hold a constitutional referendum; and if he will make a statement on the matter. [13614/02]
Caoimhghín Ó Caoláin
Question:25 Caoimhghín Ó Caoláin asked the Taoiseach the action he and his Department have taken, or will take, to implement the recommendations of the all-party committee on the Constitution, specifically in relation to representation in the Oireachtas of citizens in the Six Counties; and if he will make a statement on the matter. [14771/02]
I propose to take Questions Nos. 21 to 25, inclusive, together.
As I have indicated in the Dáil previously, it is my intention to hold a referendum in the autumn to allow for the ratification of the Nice treaty. At this point there are no other referendums planned for this year.
To date, a number of the recommendations made by the all-party committee on the Constitution have been acted upon. The more important recommendations in its sixth report in respect of the Referendum Commission and local government have also been implemented. The committee's recommendation in relation to the abolition of reference to the death penalty in the Constitution was put to the people on 7 June 2001 and passed, with the establishment of the International Criminal Court on the same day.
Deputies will also be aware that the fourth report of the committee – the courts and the Judiciary – recommended the establishment of a judicial council. It was hoped to include this serious issue in the referendum to be held on 7 June last year. However, it was not possible to get all-party agreement on the matter.
With regard to the seventh report of the committee and the recommendations regarding participation by Northern Ireland representatives in the Oireachtas, I will be asking the Government Chief Whip to initiate discussions with the parties as appropriate.
Does the Government no longer intend to proceed with what was previously referred to as the judicial misconduct amendment to the Constitution and is it the case that the Government has no proposals in respect of this arising from what appears to be an abuse of judges' authority and influence in relation to the O'Flaherty affair? Is that a correct interpretation of the Government's current political position?
I made a point previously which I will now restate in the new Dáil. The last Government did an enormous amount of work on the matter and tried to bring it to a stage where we thought we could progress it. There it rests. If it is possible to secure agreement or find a suitable way to move forward, I will be very happy to do so. The matter stands where it stood a year ago. While much work has been done, there is no agreement. If we make progress on the issue, we can try to move it forward.
In respect of Question No. 22, does the Taoiseach expect a decision to be taken soon on the expected second referendum to enshrine neutrality in the Constitution, as referred to in media reports? If so, how soon? Second, is any consideration being given to a constitutional amendment on the right to education for people with disabilities?
In respect of Question No. 22, the Government will be making its views clear shortly. It is hoped the Referendum Bill can be taken in both Houses in the first fortnight of September. The House will reconvene in the first few days of September to deal with the matter. What was the second issue?
It concerns the right to education for people with disabilities.
The programme for Government sets out the Government's position on the matter. There are two Bills under consideration and dialogue with the various groups involved. We will not bring forward proposals until we reach a conclusion with them.
I have three questions for the Taoiseach. First, will he clarify that there is no intention of holding a referendum on the insertion into the Constitution of a definition of neutrality? Second, following the defeat of the referendum on the Nice treaty last year, the Government carried out qualitative research on the reasons people voted against the proposal. Is it intended to make the findings of that research available to parties in the House?
As the Taoiseach will be aware, a number of years ago an amendment was passed to allow for changes in the composition of university representation in Seanad Éireann. Given the number of new universities and other institutions that have since grown up, is it intended that this amendment be given effect by the introduction of appropriate legislation?
Arguments have been made a number of times about Seanad representation. There is no immediate Bill planned, but there are some proposals to be considered, particularly with regard to the number of colleges represented. We have no separate proposal at this stage, but I have sympathy for the cases being made.
Sympathy is not good enough. The issue is the continuation of archaic privileges.
The question of educational bodies is not the only one. There are a fair few archaic privileges enjoyed by other bodies too.
It has that effect.
It is a matter that can be considered. A number of studies concerning the reasons people voted against the Nice treaty have been carried out, but the most comprehensive research was done by the European Union and the European Commission office. The eurobarometer is in the public domain. Other research has been done, but I suggest that the Deputy put down a parliamentary question on that matter to the relevant Minister. The Government's proposals on the first matter will be published shortly.
In Question No. 25 I asked what action the Taoiseach's Department has taken, or will take, in implementing the recommendations of the All-Party Committee on the Constitution. In his response the Taoiseach indicated that he is referring the matter to the Chief Whip in order to initiate contact with the various parties. Can the Taoiseach clarify whether he has embraced all the recommendations of the committee? If not, is it the Government's intention to press ahead with the recommendations? Will the Taoiseach clarify for the House the recommendations he is prepared to accept and those with which he has a difficulty? How soon will contact with the parties be initiated? Will the parties contacted be those represented in the Oireachtas and in the Assembly in Belfast?
In earlier questions there was mention of other referenda planned during the course of the year. I hope that if the Taoiseach is considering a referendum to enshrine neutrality in the Constitution, which I urge him to do, he will consider the details of the Bill I put before the House last year. I commend this Bill to the Taoiseach if he is considering texts at this time.
An excellent report was produced by the All-Party Committee on the Constitution concerning the Good Friday Agreement and the establishment of the North-South Ministerial Council and the implementation bodies. It was recommended that a mechanism be put in place to allow representatives from Northern Ireland to contribute appropriately to debates in the Oireachtas on Northern Ireland, the Agreement and other matters. Work on the report is progressing.
I made a statement supporting these recommendations and they also have the support of representatives from all sides of the House. They now need to be considered within the political system of the House and to this end I have asked the Government Chief Whip to initiate discussions with all the other parties. The report is very detailed and sets out arguments and recommendations. I have no difficulty with any of the recommendations, but it is now a matter of making progress.
It is also a matter of how we can bring forward a set of proposals agreed by the Whips and leaders in the House which can be incorporated into our rules and Standing Orders in future. That will take time, but no work remains to be done on its basis. That is set out in the constitutional report which I have publicly supported.
How much time?
It is a matter for discussion.