Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Wednesday, 25 Oct 1972

Vol. 263 No. 1

Ceisteanna—Questions. Oral Answers. - Amendment of Constitution.

1.

asked the Taoiseach whether the proposal to amend Article 44 of the Constitution by eliminating the provision concerning the special position of the Catholic Church will be included in the proposed referendum on the voting age limit.

2.

asked the Taoiseach whether in order to reduce to the minimum those differences in the freedom available to citizens which at present help to impede progress towards the unity of the Irish people he will introduce legislation to delete Article 41 of the Constitution which prevents those citizens who conscientiously accept the right to divorce from exercising that right.

3.

asked the Taoiseach whether any date has been set for a referendum on the Constitution; and whether any decision has been made on the number of amendments to be advanced.

4.

asked the Taoiseach if the Government have at present under consideration any programme for future economic, social and political development within the context of a 32-county state; and if he will make a statement on the matter.

5.

asked the Taoiseach whether any consideration has been directed to drawing up, as soon as possible, social, economic and constitutional proposals on unity which could be considered as authoritative so that Northern Unionists would have some understanding on our intentions.

With your permission, a Cheann Comhairle, I propose to take Questions Nos. 1 to 5 together.

The Government have been considering the constitutional, economic, social and other aspects of Irish unity. I do not propose to make a detailed statement on these matters at the present time. I have referred to them on a number of occasions in the past and I have made clear my view that we must think of a new Ireland with changes in many fields. As Deputies are aware, these various considerations come within the terms of reference of the Inter-Party Committee on the Implications of Irish Unity.

The Minister for Local Government proposes to make an order today providing for the holding of the referendum on the votes at 18 issue, on Thursday, 30th November. The purpose of holding the referendum on this issue at an early date is to ensure that, if the outcome is positive, the newly-qualified voters will validly appear in the next register of electors. I have already given an undertaking to this effect in the House. I am advised that to delay holding the referendum on this issue around that day could make this impracticable.

With regard to the amendment of Article 44, the Government favour this. Even in the likely event of Oireachtas approval being given to the necessary legislation, it is extremely unlikely that it could be introduced and passed in time to have the issue put to the people on the same day as the referendum on votes at 18.

As Deputies are aware, following the passing of legislation necessary to amend the Constitution and the making of an order by the Minister for Local Government, a minimum of 30 days must elapse before a referendum on the subject matter of that legislation can be held.

Therefore it will be necessary to avail of another opportunity to seek the amendment of Article 44.

Could I ask the Taoiseach whether, in fact, he proposes to take an opportunity to hold a referendum on the deletion of Article 44 from the Constitution? Can I take that from his reply?

I indicated the Government were in favour of that. I gather that both of the Opposition parties also favour it. I understand there will be little objection coming from any quarter, so there will be no difficulty about presenting that issue. The only difficulty is a practical one; if it could be got over I would be very glad. Deputies will appreciate the difficulty as to time, especially in relation to ensuring that those who would qualify, if votes at 18 is acceptable in the referendum, to appear on the next register. There are, I believe, practical difficulties which otherwise it might be impossible to overcome.

Would the Taoiseach agree—whatever "as soon as possible" may mean—that there is a committee working on the matter at present and that the Government should make known, as soon as possible, whether it is intended to present an entirely new Constitution or whether particular decisions will be made about the deletion of certain amendments, as soon as possible, in view of the confusion on the whole constitutional question; whether a new Constitution is to be delayed until there is a united Ireland, whatever day it may arrive, or whether, more honestly, our attitude on constitutional matters should be clarified as soon as possible so that Unionist opponents of unity by consent and agreement may at least know what the Dublin Government think should be the constitutional position even in the area under their jurisdiction at present? Would the Taoiseach agree that this should be clarified as soon as possible?

Yes, I would like to see this clarified as soon as possible. As the Deputy is aware, a constitutional issue of this nature is not a matter for any single party. The purpose of setting up the inter-party committee was to establish areas of agreement in constitutional, financial and other matters, in relation to a new Ireland, an Ireland that could be united. I am satisfied that there is no need for the committee to try to establish an area of agreement on Article 44 because I believe it is already established.

Question No. 6.

Are we likely to do something on the Constitution now or at some time in the future?

The Deputy knows that the inter-party committee are examining all the implications of unity, constitutional and otherwise. I have just answered that question.

Does the Government set a terminal date for these considerations and say on that date we will put our constitutional proposals before the area under our jurisdiction? Does the Taoiseach accept the necessity for doing that?

We have put no terminal date on the work of this committee. I would like to see it expedited and terminated as soon as possible.

(Interruptions.)

I will allow one further supplementary from Deputy Fitzpatrick.

(Cavan): Arising out of the Taoiseach's statement that there is a time difficulty in arranging a referendum on Article 44 on the same date as the votes at 18 issue, that is 30th November, surely there should not be any difficulty in putting a Bill through both Houses of the Oireachtas within a couple of days and having the two issues decided on the same day? What is the difficulty?

I take it that the Deputy will accept that it will be necessary to have the referendum on the votes at 18 in or around 30th November?

(Cavan): It is certainly desirable.

The register is published before Christmas and the dates during which applications for inclusion on or exclusion from the register operate between 20th December and 15th January, so there is that practical difficulty. People who may not be on the draft register, could validly claim to be put on, or those who may not be on properly could be excluded if their exclusion was established. There are only a few days with which to play but if it was possible to put through the legislation, and it would have to be put through very quickly, in a matter of a day or two, in both Houses, I would be prepared to ask the Whips to discuss it to see if it could be done so that both issues could be on the same day.

Are we to understand that if the Taoiseach gets agreement from both Opposition parties to put these Bills through within a certain limited time, we could have the two referenda on the one day?

Yes. If it was at all practicable, I would be prepared to do that.

(Cavan): Did I correctly understand the Taoiseach to say that he would ask the Whips to consider today the possibility of getting legislation through within the next couple of days in order to facilitate the holding of the referendum on 30th November?

I will ask that but I would enter this caveat, that it would have to be put through very quickly —one day in this House and one day in the Seanad—in order to get both issues on the same day.

Could the Taoiseach postpone it for a week?

It could be postponed for a couple of days, perhaps.

Barr
Roinn