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Dáil Éireann díospóireacht -
Thursday, 10 Feb 1972

Vol. 258 No. 11

Ceisteanna—Questions. Oral Answers. - Holding of Ballot.

2.

asked the Taoiseach whether it is intended to hold any other ballot on the day of the referendum poll.

The answer is "No".

Does the Taoiseach mean that there will be no local elections this year? Are we to take it that is so?

I do not think the Deputy can take it. I do not know yet.

Can the Taoiseach say whether there will be local elections on the day of the referendum?

There will not.

Is it possible that there will be local elections some time in 1972?

If the referendum date is very close to what might be the date of the local government elections, the local government election date would be postponed.

Therefore the Taoiseach does not rule out the possibility that there could be local elections in 1972?

I do not think so.

Does the Taoiseach expect to have local elections in 1972?

I cannot prognosticate. I said that I could not rule out the possibility of local elections.

Can the Taoiseach tell us anything about the view of the Government on the granting of votes at 18?

I am afraid not before the referendum, because what the Deputy is talking about would in itself require a referendum.

Is the Taoiseach not aware that the contrary was stated by a member of the Supreme Court, that it would not require a referendum, that ordinary legislation would be sufficient? That was last December. Will the Taoiseach give consideration to that view expressed by a member of the body who would determine the issue constitutionally?

A member of the Supreme Court? I do not think I should take account of what a member of the Supreme Court says. Certainly I must take account of what the Supreme Court says.

Will the Taoiseach not agree that at least he must be in doubt if a member of the Supreme Court takes the opposite view?

I am entitled to take a view as much as a member of the Supreme Court is. There is provision in our Constitution that persons of 21 years and more may vote. Is that not the case? That seems to be a very clear cut issue. To change that would require a referendum.

There is nothing in the Constitution that no one of an age under 21 may vote. It guarantees votes to those over 21 and it leaves it to the Dáil to decide who else shall vote.

That is what the Deputy thinks.

It is what a member of the Supreme Court thinks.

The Supreme Court decided on another occasion that freedom of association is in the Constitution but freedom not to associate is also a constitutional——

By implication.

The implication in this case is as strong as the implication in the case the Deputy cited.

Would the Taoiseach consider changing both?

We cannot think about every aspect of this. I was asked if any other issue would be put before the people on the day of the referendum in respect of our entry to the EEC and I said the answer is "No."

Can the Taoiseach say when the Referendum Bill will be disposed of by the Seanad?

I cannot say.

Question No. 3. We cannot have this cross-examination going on all evening.

The referendum will be decided by virtue of a date of an order made by the Minister for Local Government.

It cannot be made until the Seanad have passed the legislation.

When can we expect votes at 18?

I cannot say. It will be as soon as ever possible. There is one referendum coming up. It is a very important one, the most important perhaps that the people have ever been asked to decide. I should prefer to get a decision on that first and then we can think of others.

Perhaps he is thinking about the referendum he will have to hold in October when he is beaten on the first one.

Perhaps the Deputy will tell me what he is saying. He may have got something into the record that I do not know about.

What I asked was: will the Taoiseach consider putting the question of votes at 18 with the next referendum which he will hold in October, having been beaten in the first one?

That will not arise.

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