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Referendum Campaigns

Dáil Éireann Debate, Wednesday - 23 May 2018

Wednesday, 23 May 2018

Ceisteanna (33)

Eamon Ryan

Ceist:

33. Deputy Eamon Ryan asked the Minister for Justice and Equality his plans in regard to the referendums to take place in autumn 2018. [18892/18]

Amharc ar fhreagra

Freagraí ó Béal (6 píosaí cainte)

I am very interested in hearing an update from the Minister on the Government's plans for referendums in October which were announced in September 2017. There were plans for a referendum on the removal of Article 40.6.1° on blasphemy. What work has been done in that regard? I presume the Department has a key role to play in preparing for that referendum. I am keen to get an update on the Government's plans for the process.

In September 2017 the Government decided on an indicative timetable for a number of referendums to be held in 2018 and 2019. Under this timetable, and subject to passage of the necessary Bills by the Houses of the Oireachtas and formal confirmation of the polling date, it is proposed to hold referendums in October 2018 on the offence of blasphemy - Article 40.6.1°.i - and on a woman's life within the home - Article 41.2. These referendums were the subject of recommendations made by the Constitutional Convention and are included in A Programme for a Partnership Government.

I am fully committed to ensuring that we adhere to the timetable agreed by Government. The necessary preparatory work within my Department in conjunction with colleagues in other Departments and the Office of the Attorney General is now drawing to a close.

Deputy Eamon Ryan specifically mentioned blasphemy. I wish to inform him that work on such a referendum has involved consideration of the legal issues which exist in respect of the nature of the question which should be put to the people.

The issue of the provision on a woman's life within the home is being examined by my Department in collaboration with other relevant Departments and the Office of the Attorney General with a view to determining the best legal approach as regards the question to be put to the people.

More generally, funding arrangements have been put in place within my Department and contact has been maintained both with the Department of Housing, Planning and Local Government and the Office of the Ombudsman, both of which will have key roles to play in relation to the referendum process.

It is my intention to seek Government approval in the near future on the approaches to be followed in respect of both referendum proposals. Securing such approval will facilitate the publication of the relevant amendment Bills before the start of the summer recess. This will ensure that a referendum commission can be established in a timely manner and will ensure that the commission will have adequate time within which to begin its preparatory work.

I had not realised the Minister's Department would also take the lead role on the provision relating to the role of women in the home and I would welcome any further information he can provide in that regard.

The recommendations contained in the report of the Constitutional Convention provided for a variety of different options. In terms of blasphemy it was fairly split on whether there should be any sort of statutory prohibition and there was support for a new provision against the incitement to religious hatred. The Minister said he has concluded consideration of the issue but we have to wait for a decision on the referendum before he publishes any Bill or sets out what is in the provision.

If we do not proceed with a presidential election - no one knows yet what will happen in that regard - is there a risk that the referendum will be put off? The Minister said he has to go to Government with the specific proposals. Is the Minister clear that the Government will agree to hold a series of referendums in October and possibly plebiscites no matter what happens in regard to a presidential election?

Yes, it is the intention of the Government to hold these two referendums in the autumn. If we do have a presidential election, which is not certain at this stage, that would seem to me to be the most obvious opportunity to ask the people of the country to cast their views on the referendums. In any event, the question to be put before the people has not yet been fully determined by the Government. Deputy Eamon Ryan mentioned the Constitutional Convention of which I was a member. The convention very much informed the preliminary thinking as to what the question might be that will be the subject matter of the referendum. The context is that there is need for a referendum on the specific issue of blasphemy because unless the constitutional reference is removed, the offence will be maintained on the Statute Book. In the past, the existence of this offence has been misconstrued and used to justify the maintenance of blasphemy regimes in other jurisdictions where freedom of expression is not accorded the same respect as is the case here.

I asked the Minister whether his Department is the lead Department with regard to the framing of any proposed legislation on a referendum question relating to the role of women in the home. Both of the issues I raised and the question of a plebiscite on a mayor are complex issues. I seek a change in the constitutional provision on the role of women in the home but in so doing, there is a whole variety of options that we could seek to frame. I put it to the Minister that the timeline is very tight. It is now almost the end of May and we have two complex issues to consider. The first one is probably less complex than the second but they are both worthy of consideration. Is the Minister not concerned about the tightness of the timeline? When does he think the Government will make a final call on it?

I am very conscious of the timeframe, and given that the Dáil intends to conclude its work on the legislative programme, and otherwise, by the end of July, it is intended to hold the referendums in conjunction with and on the same day as a presidential election. That would require an early decision by Government. While I am not in a position to advise the House on the nature of the question to be put, I would expect to bring a proposal to the Government within the next few weeks. Following that, I would be very keen to come forward with the appropriate and necessary legislation within the timeframe, as referenced by Deputy Ryan, so we would have the legislation at an advanced stage by the end of July for the referendum commission to be established and the statutory timeframe to be met, and to have an appropriate lead-in time for the autumn.

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