Mary Lou McDonald
Question:13. Deputy Mary Lou McDonald asked the Taoiseach if he will report on his plan for constitutional amendments. [11793/24]
View answerTuesday, 30 April 2024
Questions (13, 14, 15, 16, 17)
Mick Barry
Question:14. Deputy Mick Barry asked the Taoiseach if he will report on his plan for constitutional amendments. [15405/24]
View answer
Peadar Tóibín
Question:15. Deputy Peadar Tóibín asked the Taoiseach if he will report on his plan for constitutional amendments. [17658/24]
View answer
Richard Boyd Barrett
Question:16. Deputy Richard Boyd Barrett asked the Taoiseach if he will report on his plan for constitutional amendments. [17960/24]
View answer
Paul Murphy
Question:17. Deputy Paul Murphy asked the Taoiseach if he will report on his plan for constitutional amendments. [17963/24]
View answerOral answers (16 contributions)
I propose to take Questions Nos. 13 to 17, inclusive, together.
There are various proposals for constitutional reforms under consideration. However, no final decisions have been made on the timing. I am conscious of the limited time before which a general election will be held next year. Some of the proposed reforms arise from the programme for Government, such as housing and extending the franchise at presidential elections to Irish citizens living outside the State, while others, such as the EU agreement on a unified patent court, arise from existing legal requirements.
The establishment of the Electoral Commission has helped to streamline the conduct of referendums and provide independent oversight.
In respect of the referendum on the unified patent court, the Government has decided that more time is needed to ensure there is a full understanding of the issues at hand. Holding it in June would have meant that in Limerick, people would have ended up with four ballot papers on one day - one for a directly elected mayor, one for the European elections, one for local election and one for a referendum. The Government decided to defer that referendum. The Government and many in this House remain strongly in support of the unified patent court but the area of patents and patent law is complex and highly technical. It is not unreasonable, therefore, to take time to ensure a fuller understanding and teasing though of the issues. No final decisions have been made on the timing of other potential constitutional reforms.
I had intended to raise with the Taoiseach the issue of extending the franchise for the presidential elections because the Government has dragged its heels on that matter which is most unfortunate.
I want to return to the issue of neutrality because we need to nail this nonsense the Government is trying to peddle that somehow removing the need for a UN mandate is a minor modification of the triple lock neutrality protection and the policy of the State; it is nothing of the sort. That proposal is to fundamentally undermine and change the policy of military neutrality. As I said earlier, the Government does not have the democratic mandate to do that. It may have the numbers in here but it has not put that proposition to the people in a general election campaign or by any other method. If the Government believes this is a good idea and a worthy move, it needs to go back to the people and get their democratic sanction by means of a referendum. Anything less than that will have long-term consequences that have no purchase and no widespread public support. No amount of rhetoric or fancy footwork on the Government's part can alter that fact. The removal of the need for a UN mandate is a fundamental undermining, destruction in fact, of the Irish policy of military neutrality. That is the fact of the matter.
For the third week in a row, I raise the issue of water in Cork city. The privatisation of water has proved disastrous in the UK. Creeping privatisation is proving disastrous here now.
When Cork City Council was responsible for supplying water to households, the water, as a general rule, was clean and safe. When Uisce Éireann took over and hired a private company to design, build and operate the new Lee Road waterworks, things began to go wrong. Some €40 million later, the water is dirty and discoloured thanks to a mistake made on the watch of Uisce Éireann and that private company. Creeping privatisation of the service is proving a disaster for the people of Cork. Will the Taoiseach organise a referendum to keep our water in public ownership or will he keep the door open for further privatisation and a move towards to the UK model?
We proposed an amendment to the Planning and Development Bill that would increase the amount of social and affordable housing we get from developments. Currently, as the Taoiseach is aware, we get 10%, or more recently, we may get 10% affordable housing. That means 80% of what is being built is unaffordable. We proposed, like other places such as Austria, that we would increase it to 50% or 60%. What is the point in having lots of unaffordable housing? Why do we not get a bigger proportion? Interestingly, when I asked the Minister this - and he rejected our amendment - he said there would be constitutional restrictions on increasing the amount of social and affordable housing. Are we going to do something about that? The Government promised we would have a referendum on housing and we have heard time and time again the Government cite the current constitutional situation as a block to introducing better rent controls and now as a block to potentially increasing the amount of social and affordable housing we get. The Government promised the referendum. Will it give it to us or will it tell the Minister, Deputy O'Brien, he is wrong and accept our amendment looking to increase the amount of social and affordable housing we get from development in this country?
The programme for Government commits to a referendum on housing. The Taoiseach's predecessor, Leo Varadkar, confirmed last August that "we should have an amendment to our Constitution to establish a right to housing". The Minister for housing promised a referendum in 2023 and yet the Taoiseach has told us now that no firm decision has been made on any referendums. I suspect this Government is planning to see out the rest of its term and not allow people to vote on the right to housing. That is happening in a context of Amnesty International last week highlighting the gross human rights violations caused by the housing crisis. Last Friday, Department of housing figures showed that homelessness is at an all-time high. There are 13,866 people, including 4,147 children, in emergency accommodation. Amnesty International says there is a need for a constitutional right to housing to redirect Government policy. However, the Government is not moving on it and it is blocking our Bill to insert a right to housing into the Constitution, which passed in this Dáil because its Deputies were afraid to publicly vote against it. Instead, the Government has been privately blocking it from progressing for the past three years. We need a referendum. Will the Taoiseach commit to giving it?
I accept that Deputy McDonald's sincerely-held view is that a change to the triple lock alters military neutrality. I accept that this is her opinion; I do not accept it is a fact. We have a difference in opinion on this. I do not believe it does and neither does the Tánaiste, the Government or the consultative forum. It is entirely possible to be a country that is militarily neutral and that allows its Dáil and Government make decisions regarding peacekeeping without the need for recourse to the UN.
Outside of the UN Charter?
These would be made in line with the UN Charter but outside of recourse to the UN Security Council. There are many people in this country - and we will have this debate-----
Well then test it so.
We will have an opportunity to bring forward legislation-----
No-----
With respect-----
It should be tested by means of a referendum.
With respect to the Deputy and to everybody in this House, the legislative processes have not come forward. There will be a general scheme and an opportunity for scrutiny. I would at least ask that people see what the Government is proposing before deciding or trying to suggest it is proposing something on military neutrality which it is not. The Tánaiste has been very clear about the importance of military neutrality. I am very clear on that. I am also very clear as to Deputy Boyd Barrett's point when he said the Irish people do not wish to see military neutrality altered. We value it, as do I.
So leave it alone.
I value it as well but there are issues with the triple lock and we can tease them through. We have a difference of opinion and that is okay but it is entirely possible to bring forward legislation that respects our military neutrality and addresses the changing geopolitical situation around the triple lock, the UN Security Council and the fact that there are people and countries on the Council that should not have a veto regarding our peacekeeping missions. That is a legitimate debate to have in this House.
As for Deputy Barry's question, we have a regular exchange on the water quality in Cork. I do not say that to be flippant because I know how serious it is to the people that he raises the issue. We discussed last week the issue regarding the task force. I have asked for an update on this, considering the Deputy has been raising it, and I will keep in touch with him. It is not acceptable that people are accessing dirty or discoloured water. It is not acceptable and I hope the work of Uisce Éireann begins to make progress in this regard. I hope, by the way, that the issue relating to the water quality can be addressed without any constitutional reform. Public ownership is a core principle governing the development of our water services. We have given a commitment to holding a referendum on ownership of water services. The establishment of Uisce Éireann in public ownership is already firmly secured under the Water Services (Amendment) Act 2022 and the Minister, Deputy O'Brien, has committed to bringing forward a referendum proposal on public ownership of water services for consideration by the Government. In that way, it is intended that definitive proposals, including next steps and timelines, will be considered by the Government in due course.
Regarding Deputy Boyd Barrett and his amendment and proposal on the Planning and Development Bill, obviously that can, and will continue to be, considered in the normal legislative way. However, both he and Deputy Murphy have made a point on the need for a referendum on housing. The Government has not yet considered a firm proposal in respect of this. In line with commitments in both the programme for Government and Housing for All, the Housing Commission was established in December 2021. The Housing Commission submitted its report and recommendations regarding a proposed constitutional amendment to the Minister last August. That is factually correct. There was a majority and a minority report. The Minister, Deputy O'Brien, is currently considering the commission's comprehensive analysis and report regarding a proposed constitutional amendment, together with next steps, and expects to bring these to Government in due course.