Billy Kelleher
Question:67Deputy Billy Kelleher asked the Minister for Justice and Equality his plans for enacting legislation allowing for same sex marriage within the term of this Government. [13898/12]
View answerTuesday, 13 March 2012
Questions (7)
Oral answers (3 contributions)
Legislation providing for same-sex marriage cannot be enacted without an amendment to the Constitution following a "Yes" vote in a referendum on the matter. This is something of which I have no doubt the Deputy is aware because it was for this very reason that my predecessor, Dermot Ahern, introduced legislation to provide for civil partnership. In this regard, the programme for Government includes a commitment to establish a constitutional convention to consider constitutional reform on a number of issues, including provision for same-sex marriage.
The Government has recently approved the establishment of the convention and has agreed in principle to arrangements for its structure, operation and topics to be considered. The Taoiseach is consulting on these matters with the leaders of the Opposition parties at present.
I am aware of the barriers that exist in the Constitution. Everybody agrees that the civil partnership legislation introduced by the former Minister for Justice, Equality and Law Reform, Dermot Ahern, was ground-breaking.
It appears the convention will deal with a substantial number of justice issues. Has the Minister been given extra resources to deal with the pressure this will place on the Department, which is already under considerable pressure in terms of legislation to deal with the demands of the convention? Second, what is the Minister's understanding of the timescale of the convention? I know the Taoiseach is consulting at present and that he has taken control of the convention within his Department. Has he given the Minister any idea when such issues can be addressed? Third, if the convention agrees or recommends a proposal in regard to same-sex marriage, how long will the process then take? Will there be a referendum in 2013 or 2014 or has that been decided yet?
As the Deputy rightly said, the arrangements relating to the convention are being dealt with through the Office of the Taoiseach. When we discussed these matters last in Cabinet, the decision was made that there would be a consultative process with the Opposition leaders. I am not up to date on where that stands at present.
I presume the issues the Deputy has raised will form part of the consultative process. There is the issue of the appointment of individual members to the convention, the engagement of the general public with it and the topics to be addressed. The subject matter of the Deputy's question is one of the topics to be addressed. I cannot pre-empt what the outcome or the recommendations of the convention will be on this or any other issue. If I was to do that or to prejudge it, there would be little point in having the convention.
The idea is to have a facility for a number of issues to be discussed openly and for submissions to be made. As I understand it, if need be, the convention would want to hold some form of oral hearings. When it publishes its report, that report will obviously be a matter to be considered by Government. Should there then be issues on which the Government determines there should be a referendum, clearly it will be a matter for the Government to decide in regard to a date and the likely constitutional amendment. However, on neither this nor any other issue to go to the convention is it appropriate that I pre-empt what the outcome of the discussion may be of those who participate in it.