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Dáil Éireann díospóireacht -
Wednesday, 14 Jun 2006

Vol. 621 No. 5

Ceisteanna — Questions.

Commemorative Events.

Pat Rabbitte

Ceist:

1 Mr. Rabbitte asked the Taoiseach the amount allocated in the Estimates in his Department for 2006 for commemorations; the way in which this money will be allocated; and if he will make a statement on the matter. [17888/06]

Caoimhghín Ó Caoláin

Ceist:

2 Caoimhghín Ó Caoláin asked the Taoiseach the further commemorations to be held under the auspices of his Department, funded or part-funded by his Department during 2006; and if he will make a statement on the matter. [19169/06]

Trevor Sargent

Ceist:

3 Mr. Sargent asked the Taoiseach the funding allocated in his Department for commemorations in 2006; and if he will make a statement on the matter. [20720/06]

Enda Kenny

Ceist:

4 Mr. Kenny asked the Taoiseach the commemorative events planned by his Department during the remainder of 2006; and if he will make a statement on the matter. [20935/06]

I propose to take Questions Nos. 1 to 4, inclusive, together.

There are two further formal State commemorative events planned for the remainder of the year. These are the ceremonies to commemorate the 90th anniversary of the Battle of the Somme on 1 July at the war memorial in Islandbridge, which will be followed by a reception in the Royal Hospital, Kilmainham, and the national day of commemoration on 9 July 2006.

An amount of €200,000 was allocated under subhead E of my Department's Estimates this year to support commemorative projects. This funding is available to assist individuals or groups in organising the commemoration of individuals or events of historic importance.

Applications for funding under the commemoration initiatives fund are made to my Department. These applications are considered by officials and a submission is made to me for approval. To date, funding of €163,500 has been allocated to support 18 various commemoration projects. The individual grants are generally for small amounts. Given the importance of this year as the 90th anniversary of both the 1916 Rising and the Battle of the Somme, the bulk of the grants relate to these two events.

Other significant grants awarded relate to events commemorating the centenary of the death of Michael Davitt and events commemorating the Irish born architect of the White House and many other buildings, James Hoban.

I thank the Taoiseach for his reply. Does the Government plan to allocate any moneys to commemorate the Great Famine and its victims? Some rewriting of history is taking place at the moment but we are all agreed on the impact of the Famine on the psyche of the Irish people. I am aware the Taoiseach has received correspondence on the subject from the Famine commemoration committee, and that the Taoiseach's General Secretary, in a party capacity, wrote to Michael Blanch, the secretary of that committee, to state that Fianna Fáil was in favour of the idea being put forward. Does the Government have a position on the subject?

Along with the Famine, the most significant event in history were the land wars and the part played by the leadership of the Land League in the events associated with them, in particular Michael Davitt, the centenary of whose death is this year. What, if any, provision has been made to commemorate Michael Davitt? He was one of the most outstanding Irishmen this country has ever produced, a man of international reputation renowned for his work at Westminster as well as for founding the Land League.

There should be a commemoration of the election of a Taoiseach and Tánaiste from County Mayo.

For a number of years up to the 150th anniversary of the Famine most of the commemorative initiatives of my Department were dedicated to Famine-related projects, so they have received a large part of what is a small allocation of commemorative funds. Deputy Rabbitte asked for a national day to commemorate the Famine. I am not sure how that could be done — perhaps it could be linked to other occasions. Every year a large number of groups make passionate cases for national days for certain events. It was decided 20 years ago that the way to deal with all these days, and get over all the difficulties, was to have a national day of celebration and commemoration, which is on 9 July this year. I have been reluctant to get into designating days here, there and everywhere. Apart from the Famine, one could equally make a case for commemorating Michael Davitt and every year a number of such cases arise. We had a large commemoration for Robert Emmet a few years ago. I have been holding to a national day of commemoration for a number of years. I have been asked to examine some proposals and my Department, along with others, is examining the request to see if we can respond to the group that is asking us to do this.

A number of initiatives have been planned to mark the 100th anniversary of the death of Michael Davitt. We have funded small grants and most of those commemorations are planned to take place from 27 May to 4 June. At these events the Government will be represented by the Minister for the Environment, Heritage and Local Government. The Army will also be involved and a commemorative stamp will be issued. We have given some resources to the commemoration fund. Some Departments and agencies are also involved locally, although I am not sure what is the total sum of money they have given. Most of the resources we give to such commemorations are small. We are also providing a small grant to the Michael Davitt museum for a conference commemorating his centenary. These small grants, spread over 18 different areas, constitute a useful token to help people to organise commemorative events.

I am not trying to restrict the Taoiseach to specifying precisely how we might commemorate the victims of the Famine but the essence of the case being made by the commemoration committee is correct. At a time of transformation in the country's fortunes and unprecedented prosperity, it would be appropriate for this State to commemorate the cataclysmic impact the Famine had on the Irish people in the 19th century. I urge the Taoiseach to respond to those who are importuning him. It is appropriate to do so. I know that small things have been done, including the Edward Daly sculptures and the figures on the quays, to remind us all where we came from. Given that commemorations are in the air, it would be appropriate for us to do something to mark this major event in Irish history.

As I said, we are looking at how we can do it. I have received submissions and my Department is examining them to see what is the most appropriate way of dealing with the matter. I want to make the point that every year very good cases are made for commemorative events. There are at least two or three a year. That was why, in 1986, they moved to an all-party group which established a national day of commemoration. I have read the file on this. The Famine was a major event but there were many other events which were also considered important by active groups that wished to commemorate them in various locations. The other events, of course, do not match the Famine in terms of the death, destruction and emigration involved and which changed an entire generation for 40 or 50 years.

I will see if some of the proposals can be accommodated in a way that does not open it up for many other occasions. Not a year, nor a quarter, goes by when there is not a big lobby to have another commemorative event but that causes problems for such events if it is done that way. The national day of commemoration now covers a wide range of issues. If a Famine commemoration can be done in the American style where they designate days, it will not have a knock-on effect. That may be one way of dealing with it, although I do not agree with it. I am examining the matter to see if we can facilitate a Famine commemoration that will not open it up for all the other events. I have been contacted by 30 or 40 groups seeking designated days or periods but I do not think that is a good idea.

Tacaím leis an éileamh go mbeadh lá cuimhneacháin ann don Ghorta Mór. In considering the context, will the Taoiseach take on board the need for a commemoration of that sort so the lessons can be learned, not just about world hunger and the distribution of resources but also about the Irish diaspora which resulted from the Famine? We must be careful to avoid over-reliance on any one food or fuel, such as oil for example. The principle of not putting all one's eggs in one basket also applies as a reason for not commemorating all events together. The Taoiseach should deliver on that demand. The effects of the Famine were extraordinary and we need to commemorate it.

Are there plans for the Government to mark the United Nations international day in support of victims of torture, on 26 June? The Taoiseach addressed the UN recently so I know he is in the loop as regards such events. We should be clear about this matter, given the need to implement checks on CIA extraordinary rendition planes.

The Deputy is drifting well away from the question.

I am not really.

It is a commemoration day on 26 June.

The Chair has ruled on the matter.

I want to ask the Taoiseach if 26 June is on his mind as a commemoration date for victims of torture. One answer would be to mark the occasion by checking the planes.

Will the death earlier this year of John de Courcey Ireland merit any response from the Government by way of a commemoration? His legacy was unique not just for Ireland but also for many other countries, including France, Spain, Portugal, Britain and Yugoslavia, all of which honoured him. Will this country honour him in a similar manner? Have the Taoiseach and the Government considered that matter, given the large number of reasons for Ireland, as a maritime nation, to focus on somebody of that calibre?

I have answered the question about the Famine commemoration. We will examine the matter to see if we can find a suitable way of commemorating it, as we did for five years before the 1798 bicentenary.

The Government was involved in the commemorative event which marked the passing of John de Courcey Ireland. Last year, we helped to fund some of the projects which were most dear to him. I am not sure if there is any particular proposal from the Department of Communications, Marine and Natural Resources for a permanent commemoration but I am sure ideas will be proposed and I will examine them when they arise. The commemoration following his death took place a few weeks ago.

I am not aware of any United Nations commemoration here on 26 June, although there may well be one.

Will the Taoiseach find out?

The State sent the LE Eithne to Argentina earlier this year under the command of Captain Mark Mellett, which was a great occasion and much appreciated by the Argentine Government. It was the first official trip by an Irish naval ship since Admiral William Brown from Foxford, County Mayo arrived on the River Plate more than 150 years ago.

Next year will see the 150th anniversary of the independence of the Argentine state. Its Government and people have a strong affiliation and affection for the part played by Admiral Brown in building up the Argentine navy. Is it the intention of the Government to participate in the independence celebrations or to provide any other contact by way of further naval service visits or otherwise?

The Taoiseach will be aware that the President visited Argentina some time ago. Given the interest in Admiral Brown, the Taoiseach will be aware of the proposal to have a suitable sculpture situated on Sir John Rogerson's Quay. The Argentinians are interested in contributing to a small memorial park in Foxford, County Mayo. Will the Taoiseach ensure that whatever assistance the Government can provide in this matter is offered, subject to the usual conditions being complied with? It is a matter the Argentinians feel more strongly about than do the people of this country.

Are arrangements in place to commemorate the 90th anniversary of the Battle of the Somme, to which the Taoiseach referred?

The Admiral Brown society is an active group, which I met. My Department has funded a number of related projects. For the commemoration of Admiral Brown next year, the society intends to build a memorial park, for which we have provided resources. There have also been contacts with the Department of Defence, although I am not sure from where they came, and the Department of the Environment, Heritage and Local Government has also helped. Several Departments have been helping what is an excellent project.

The military-to-military connections are strong. Admiral Brown, as the Deputy noted, is widely known in Argentina due to its education system, which is strong on military history and the admiral's role in particular. He is commemorated throughout Argentina by sculptures and other commemorations. The Government has been involved in this matter through the memorial park, the project on Sir John Rogerson's Quay and the work of the Departments of the Environment, Heritage and Local Government and Defence.

The plans for a 1 July commemoration of the Battle of the Somme are ongoing and a number of agreements have been made. We have worked through the British Legion in making the arrangements for the commemoration. There will be an official commemoration at the war memorial in Islandbridge.

The commemoration is part of the overall programme that reflects the shared history and experience of the people of this island, from all traditions, in 1916. The Battle of the Somme saw many young Irishmen lose their lives. It is fitting they are remembered, and the commemoration at Islandbridge is part of that process. Over many decades they remained unacknowledged, with their bravery and contribution largely forgotten. It is important the history of all the people of this island is acknowledged in an appropriate manner.

The arrangements are well developed at this stage, in so far as they can be. It is planned that following the army ceremonial occasion, involving prayers and readings, the President will lay a wreath at the Cenotaph. Ambassadors from those countries that participated in the battle — the United Kingdom, France, Germany, Canada, South Africa, New Zealand, India and Australia — will also lay wreaths, as will the British Legion. While other elements remain to be worked out, that is the main issue. A State reception will follow in the Royal Hospital. Many organisations from the North will attend, as will many other groups active throughout the island, including the fusiliers, and, hopefully, the Northern politicians.

This year marks the centenary of the birth of Máirtín Ó Cadhain, a writer of world standard, who wrote staunchly in the Irish language and defended the language and Gaeltacht areas — one could argue he would have excelled in any language. Like many other literary people of his time, he was ill served by the State and was interned for his republican beliefs. I understand a stamp is being issued by An Post, which I welcome. What else will the Government do to mark the centenary of his birth? I suggest an Irish language scholarship or a bursary for writing in Irish would be appropriate. Will the Taoiseach take up these suggestions?

I have heard the Minister for Community, Rural and Gaeltacht Affairs, Deputy Ó Cuív, refer to this matter. I am not sure exactly what projects are involved but I understand some issues arise. No application was made to my Department for a commemorative fund or, if it was made, it did not go through the official vetting system. I will raise the matter with the Minister, Deputy Ó Cuív, whose reference may have related to the issuing of the stamp. I am not sure what other events are planned but I will bring the matter to his attention.

Constitutional Referenda.

Enda Kenny

Ceist:

5 Mr. Kenny asked the Taoiseach if he will report on the implementation of the recommendations of the All-Party Committee on the Constitution; and if he will make a statement on the matter. [18046/06]

Enda Kenny

Ceist:

6 Mr. Kenny asked the Taoiseach when he next plans to hold a referendum; and if he will make a statement on the matter. [18047/06]

Caoimhghín Ó Caoláin

Ceist:

7 Caoimhghín Ó Caoláin asked the Taoiseach if it is intended to hold a referendum during the remaining lifetime of the current Dáil; and if he will make a statement on the matter. [19168/06]

Pat Rabbitte

Ceist:

8 Mr. Rabbitte asked the Taoiseach the progress made to date with regard to the implementation of the reports of the All-Party Committee on the Constitution; and if he will make a statement on the matter. [19219/06]

Pat Rabbitte

Ceist:

9 Mr. Rabbitte asked the Taoiseach his plans to hold a constitutional referendum before the end of 2006; and if he will make a statement on the matter. [19220/06]

Trevor Sargent

Ceist:

10 Mr. Sargent asked the Taoiseach if there are plans for a referendum during the remaining time of the current Dáil; and if he will make a statement on the matter. [20721/06]

Trevor Sargent

Ceist:

11 Mr. Sargent asked the Taoiseach if he will report on the implementation of the All-Party Committee on the Constitution’s recommendations; and if he will make a statement on the matter. [20722/06]

Joe Higgins

Ceist:

12 Mr. J. Higgins asked the Taoiseach his plans to hold a referendum during the current Dáil. [20851/06]

Joe Higgins

Ceist:

13 Mr. J. Higgins asked the Taoiseach if he will report on the implementation to date of the recommendations of the All-Party Committee on the Constitution. [20857/06]

I propose to take Questions Nos. 5 to 13, inclusive, together.

The All-Party Oireachtas Committee on the Constitution published its report relating to the family on 24 January. The relevant Departments are considering its recommendations. The Government has acted on most of the key recommendations that emanated from earlier reports of the All-Party Committee on the Constitution. In all, this and the previous Government brought forward ten referenda. The Government will avail of appropriate opportunities to take forward further recommendations of the all-party committee.

The complexities involved in holding a referendum require that careful consideration be given to the frequency with which referenda can realistically be held and the significance of the issues in question. There are no specific plans to hold any referenda during the lifetime of the 29th Dáil.

The Minister for Foreign Affairs, Deputy Dermot Ahern, stated he had spoken to the Attorney General and that his advice had been that it would be legal to change the Constitution after a referendum on statutory rape to get back to the position which pertained prior to the striking down of the law. When the Minister made this comment, the Taoiseach's office seemed to distance itself from it——

The Deputy should confine himself to the questions.

I will. The Ceann Comhairle has not lost his sharpness.

It was only a kite anyway. If we let the Deputy finish, we will have a bit of craic with it. It was only a kite from Dermot.

Not a bad one.

He did not mean it.

Where does the Deputy stand on it? I remember Pat's submission.

Was the Minister for Foreign Affairs speaking on behalf of the Government when he said it would be appropriate to have a referendum to reverse the recent Supreme Court ruling on statutory rape? Is it the intention of the Government to have a referendum to change the Constitution in this regard?

What is the current position with regard to the European Constitution? The Taoiseach will not be able to attend the meeting on Friday due to the State funeral for Mr. Haughey but, in light of the briefing documents provided to him, he can indicate whether the period of reflection is complete and whether it is the intention of the Heads of Government to move ahead with a referendum. What should we in Ireland look forward to in terms of taking from the original constitutional proposal elements that we should move on with? What is the overall position?

On the first issue, the Minister for Foreign Affairs said he had some sympathy with the view that had been expressed by many groups and organisations. I did not differ from that but said that all these issues should be examined by the all-party group, where people would be able to reflect their views. However, we do not have a plan at this stage to have a constitutional referendum in the lifetime of this Dáil. I spoke at length——

The Attorney General's advice was that it would be legal to change the Constitution after a referendum to get back to the position prior to the decision. Is that not an option now?

It is one of the options that can be examined but all of them should be examined in the context of an all-party committee. To try to do it separately would not deal conclusively with the issues.

Was he speaking with the Taoiseach's imprimatur?

Of course he had spoken with me.

It was only a PR stunt.

With regard to the constitution, I spoke to the Austrian Chancellor, the President in office of the European Council, Wolfgang Schüssel. At the meeting on Thursday night and Friday it will be decided to push the reflection period out further, as I have been saying for a long time. It is unlikely there will be any change until the French and Dutch elections next year. Based on that, I doubt that the European Council will consider any pre-emptive action. Since I will not be at the meeting, I have put forward my views and the Irish position to WolfgangSchüssel. I will be represented at ministerial level. That is probably the view of most, if not all, member states.

The Finns are due to ratify the constitution shortly, becoming the 16th country to do so. It has now been ratified by a large majority of countries and a large majority of the population. Germany has stated that it wants the matter carried forward during its Presidency next year. The problem for the German Presidency next year is that the French election is not due until the end of the Presidency so the time to make any progress afterwards is too short. The Germans will press forward on the issue but I do not envisage them being able to get to a conclusion on it given that they will only have about ten days after the election to make progress.

I also spoke to the President of the Commission, José Manuel Barroso, on Friday. I reminded him that the last thing the Commission should engage in is proposals to start cherry-picking the constitution in any area. As Deputy Kenny is aware, there are some ideas around in that regard as well. It would be the wrong thing to do and just cause difficulties in the future and make it harder to deal with these issues. I was central to the debate about many of the balances on these matters. To try to go back to the Nice treaty, when there was a huge discussion, and to start picking out these issues would create great difficulties. That is not just an Irish view; the majority of countries would hold that view.

The Germans were firm in their denunciation of that on JHA issues last week and I agree with the Chancellor's view. To start cherry-picking what was a delicately balanced document — it was not just balanced in the Irish Presidency but also in the Convention and in the discussions — will create untold damage. It is better to wait until after the elections before taking it forward. At that stage, I believe 17 or 18 countries might have ratified the constitution.

The committee recommended legislation rather than constitutional change to give rights to non-marital heterosexual and same sex couples. The Taoiseach is correct that a constitutional amendment was not recommended. However, the committee took the view that people in non-traditional marital or couple arrangements should have the same rights as other citizens and it recommended legislative change. The committee recommended legislation to provide for cohabiting, heterosexual couples by either a civil partnership or a presumptive scheme. It recommended that civil partnership legislation should be provided for same sex couples. It also recommended similar legislation to meet the needs of other long-term cohabiting couples.

Does the Taoiseach accept that this is an issue of acute concern, for obvious reasons, for a significant number of our population? Am I right in deducing that the Government has decided to kick the issue to touch and that no legislation will be brought forward in the lifetime of this Dáil?

The questions relate to constitutional referenda.

They refer to the report of the All-Party Committee on the Constitution, which I have before me and which recommends precisely what I have said.

I accept the Deputy's point.

Does the Taoiseach intend to introduce legislation in this area during the lifetime of this Dáil?

The majority view in the committee was that a referendum that proposed to extend the definition of family would be divisive and, having created division, would not necessarily carry majority support. Rather than put our community through a divisive campaign the committee decided to examine whether the problems presented in the submissions might be dealt with by a combination of other less divisive constitutional and legislative proposals. I agree with that approach.

I also agree with the Deputy. It is a divisive issue and there are those who hold the view put forward by the Deputy. At the launch of the report it was clear that there were people who held the other view. There was strong division between the statements made at the launch. The Government established a distinguished group under Anne Colley, which commenced its work last February and is due to finish at the end of October, to report on how we should take these issues forward. Having spoken to Anne Colley recently, I am aware the group intends to adhere to its remit and have the report ready in the autumn or early winter. We must then consider how to proceed. I certainly would not rule out the possibility that we could at least start, if not complete, a legislative process over the winter.

I am surprised to hear the Taoiseach say there will be no referendum given that the Minister for Foreign Affairs has made a case for one. The Children's Rights Alliance says we need a referendum on enshrining the rights of children in the Constitution. It appeared before the United Nations with a report, From Rhetoric To Rights. While there may not be a referendum in the lifetime of this Government, does the Taoiseach recognise the need for a referendum to enshrine the rights of children in the Constitution? Does he see that as part of a response to the 250 children who have gone missing from a Health Service Executive funded residential centre in Dublin and to the growing suspicion of trafficking in children? Is the Taoiseach amenable to such a referendum as proposed by the Children's Rights Alliance?

A number of groups have put forward suggestions about amendments and seek a constitutional referendum. My view is that all these issues should be examined in the context of the All-Party Committee on the Constitution. To take one and go with it is——

The Children's Rights Alliance is an alliance of many groups.

As well as the alliance there are a number of others who have put their views forward and are seeking a constitutional referendum. That would be to take one view and not to consider the others. These are issues that will have to be examined in the context of the group. They are difficult issues and, from reading some of the correspondence, there are strongly held views on these issues. We will have to examine them within the committee.

Does the Taoiseach intend to address by constitutional referendum the ongoing speculation in building land in the State? Each year of the Government's tenure, the speculative ventures and profits of the speculators have become more blatant and more obscene, being driven by more naked greed. Does he agree there is an urgent need to address this issue given that young working people pay the price for the speculators' greed and bloat their already huge profits by being shackled with 40 year mortgages?

A brief question, please. There are two other Deputies offering and I would like to facilitate them.

Will the Taoiseach refer to the All-Party Committee on the Constitution the Criminal Law (Sexual Offences) Act 2006, which was rushed through the House, to deal with the blatant criminalisation of male teenagers engaged in consensual relations while female teenagers, quite correctly, are not criminalised? Does this matter not need to be urgently addressed by the Government?

On the issue of building land, as I said here recently in reply to another question, the issue is being dealt with legislatively. The issue of zoning sufficient land does not need a constitutional referendum.

On the second issue, all the issues arising from that legislation and the fallout from the Supreme Court decision should be dealt with in the committee. The legislation is passed. Any issues people consider are not substantially passed, including the equality issue raised by the Deputy, should be examined by the all-party committee.

Given that real reform of the Seanad would require a referendum, will the Taoiseach initiate constitutional reform so that the Seanad can be elected by universal suffrage of citizens throughout the 32 counties? This would provide for Six Counties representation in the Oireachtas. Will the Taoiseach also restore his proposal for MPs from the Six Counties to be accommodated here by means of the Dáil sitting as a committee in whole? Given that, during the Good Friday Agreement and the negotiations since, the Taoiseach gave a commitment that speaking rights would be forthcoming for MPs from the Six Counties to address the House, will he fulfil his commitment in that regard?

The Seanad reform group has presented its report. A group, chaired by the Minister for the Environment, Heritage and Local Government, Deputy Roche, is examining that report. Any questions on the matter should be put to the Minister, Deputy Roche. Any changes would not be of the nature suggested by Deputy Ferris. I did say as part of the proposals that an extension of how we appoint Senators, to ensure there are Senators from Northern Ireland that represent all communities in Northern Ireland, should be looked at as part of the proposals to increase their representation, but that they should be selected in the normal way. That is what the proposal was.

In regard to participation by elected members from Northern Ireland in committees, I have already stated the proposal we have so that they could attend a committee of the House. The only way we can get agreement on that issue is through the position I have outlined.

The Government has given a commitment for Irish participation in EU battle groups and legislation will be published to permit Irish troops to train abroad as part of this commitment. However, foreign armies cannot train in this country. Has the Taoiseach any plans to hold a referendum to permit troops from foreign armies to train in Ireland? Does he not regard it as unusual that if Ireland is part of a battle group, our troops can train elsewhere but those who make up the battle group with us will not be able to train in this country?

I raised the issue of the legislation yesterday. I do not think any constitutional referendum is being looked at in this area but the Bill will be published shortly.

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