Constitutional Amendments

Dáil Éireann Debate, Wednesday - 24 April 2024

Wednesday, 24 April 2024

Ceisteanna (129)

Carol Nolan

Ceist:

129. Deputy Carol Nolan asked the Minister for Justice if the concerns expressed by officials within the legal and immigration units of her Department and obtained an FOI request from an organisation (details supplied) were brought to her attention prior to the recent family and care referenda; when this took place; her response to these concerns, particularly with respect to the clear views of staff within her Department's immigration units that if the constitutional amendments were passed this would likely result in massively increased legal costs and the destabilisation of the State's capacity to maintain an effective immigration system; and if she will make a statement on the matter. [18284/24]

Freagraí scríofa

Minister for Justice

As the Deputy is aware, referendums were held on 8th March 2024 on the Thirty-ninth Amendment of the Constitution (The Family) Bill 2023 and the Fortieth Amendment of the Constitution (Care) Bill 2023.

Officials from my Department, as in others, gave detailed consideration to issues within Departmental responsibility to inform and assist the drafting the proposed amendments.

The records to which the Deputy refers to relate to a scoping exercise carried out in mid-2023 by civil servants in my Department regarding the possible implications of amending the Constitution in relation to the family and care and are not an analysis of the Government’s proposed wording of the amendments as contained in the Bills published in December 2023.

The proposed text of the amendments continued to be drafted throughout the remainder of 2023 and were not finalised until later in the year.  Issues relating to immigration, and on which I was briefed, were given careful consideration by the Inter-Departmental Group on Referendums on Gender Equality, the Cabinet Committee on Social Affairs and Public Services and were subject to the advice of the Attorney General in advancing the drafting of the amendments that were contained in the December 2023 Bills.

The Minister for Justice has a wide power to determine the conditions which may apply for any particular immigration scheme including as to the refusal of an application on public policy or public security grounds.