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Dáil Éireann díospóireacht -
Tuesday, 24 Mar 1987

Vol. 371 No. 2

Ceisteanna—Questions. Oral Answers. - Constitutional Reform.

2.

asked the Taoiseach the plans, if any, he has for the reform of the Constitution.

I have no proposals at present to amend the Constitution.

The Taoiseach is aware that this year marked the fiftieth anniversary of the adoption of the Constitution. Would he agree that those who drafted this document in 1937 would hardly recognise the Ireland of 1987? Would he not think this is surely the time for a major review of the Constitution, to lead this country into the 21st Century?

My reply indicates that I have no particular proposals at present. However, I am inclined to agree that perhaps the time is ripe for some sort of look at the Constitution on an all-party basis. If that is the general view of the House among the parties, then we could initiate something along those lines.

If such is being considered, would the Taoiseach be considering the recent interpretation of justices which seems to put the interests of private property ahead of the common good, which I am sure the Taoiseach will agree is not what de Valera intended in his Constitution? Would he endeavour to redress the situation where no Government can end land speculation or ground rents or the controversial decision in regard to planning in Dún Laoghaire, or that with regard to the Derrynaflan Chalice? Will the Taoiseach be taking those matters into consideration as well as social reforms in the Constitution?

The wisest thing would be for these matters to be discussed, especially initially, among the parties to see if there is a broad basis of agreement that reform is necessary and how we might go about achieving that reform.

Could the Taoiseach say if the question of an all-party constitutional conference would still be an integral part of Government policy in relation to the conflict in Northern Ireland?

I am not quite clear on the import of the question.

——the suggestion made by the Taoiseach a couple of years back in regard to an all-party constitutional conference, would he think that would still be a relevant part of policy for resolving the conflict in Northern Ireland?

Yes, I think so.

Would the Taoiseach clarify a point he made in reply to the question put to him? Did I understand him to say — perhaps he might wish to reflect on this — that, in principle, he is open to approaches from the other parties represented in Leinster House to discuss changes in the Constitution that could be agreed on an all-party basis in line with the spirit of the questions just put to him?

I am prepared to consider — if there is a general wish among the parties that some sort of mechanism be established to look at this whole question of constitutional reform — and I certainly am prepared to enter into discussions with the parties to that effect.

I appreciate the Taoiseach's reply. I put it to you, Sir, that in view of the experience of this House in the past three to four years — when we discussed constitutional reform on two specific items, and there are others as well — that such an exercise, as far as the parties on this side of the House would be concerned, would be considered constructive or fruitful only if it was the view of the Government Party that changes which might be agreed in committee on an all-party basis would be pursued to the extent of their being implemented by way of a referendum. Without committing the Taoiseach to any specific change, do I understand that what he is now saying to the House is that, first and foremost, the Government are open to an all-party approach to constitutional change and that, if such change is found to have agreement among parties represented in this House, the Government would then facilitate the necessary legislative and referenda changes that such a consensus would require?

The Deputy is going a little too far down the road and perhaps pre-empting the situation. All I am saying is that if there is a general view among the parties that constitutional reform might be engaged in, then I would be prepared to discuss that informally among the parties to see whether some appropriate mechanism might be devised between us to pursue the matter. For instance, I know that the outgoing Taoiseach had a proposal about electoral reform. If there is a general view among the parties that there are grounds for a general review of the Constitution — let me put it this way, that is not something on which we would necessarily close the door.

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