Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Wednesday, 19 Jul 1989

Vol. 391 No. 6

Ceisteanna—Questions. Oral Answers. - Constitutional Reform.

3.

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

I have no proposals at present to reform the Constitution.

I take it from the Taoiseach's reply that God at least is safe from constitutional attack from this new coalition. Let me ask the Taoiseach to consider that the Constitution has been in place now for over 50 years, this country has changed very radically in the meantime and any constitutional development has largely been as a result of judicial interpretation or judicial decisions. Would he not think it is now time, facing into the next century, that we look at the Constitution on an all-party basis and consider how well it is suited to bringing us into the next century?

As the Deputy knows, two major referenda were held in the not too distant past. I think the general view would be that some time might pass before we attempt any other referendum.

Deputy Gay Mitchell is offering.

Could I ask another question?

Sorry, I called another Deputy. Please allow the Chair to keep control of the situation here.

Will the Taoiseach agree there are gaps in the Constitution and in the light of recent developments and the possibility at some time in future of a similar development, will he agree that the role of the President in relation to the appointment of a Taoiseach where that Taoiseach does not have the support of a majority in the House is not clear in terms of the Constitution and that gap needs to be tightened up?

The Deputy is expanding the scope of the question.

Deputy Mitchell knows that on the last occasion when I had the temerity to even venture an opinion on what I thought were the implications of some constitutional provisions I was berated, attacked and savaged from that side of the House and, indeed, by my good friends over there.

You are getting very sensitive in your old age.

To prevent such an awful occurrence again, will the Taoiseach give consideration to an all-party committee to look at the Constitution to examine it——

The Deputy put that question earlier.

——and make proposals at this stage? Will he consider that now?

I say in all sincerity to the Deputy that we have a great number of things to be getting on with at the moment and I would have no particular plan for any initiative in regard to the Constitution.

Would the Taoiseach not agree that several pieces of legislation are evidently being held up or obstructed because of constitutional or possible constitutional difficulties, for instance the married property legislation which has been emerging from the Department of Justice for the past three years and is now held up because of a High Court decision? I wish to raise with the Taoiseach that there are cases of justice that may demand we change the Constitution or perhaps run into a negative referendum which would leave a certain section very vulnerable in those circumstances, for instance, married women.

I would rather not be drawn into any specifics at this stage. I am sure every Deputy in the House will have his or her own aspect of the Constitution he or she might wish to see reformed. It does not seem to me appropriate to undertake any particular initiative at this stage.

Barr
Roinn