Ceisteanna—Questions. Oral Answers. - Amendment of Constitution.
- Constitutional amendment proposals 3 speeches
Dr. Browne asked about revising or replacing the Constitution, including permitting divorce. The Taoiseach said the matters remained under consideration and referred to his earlier answer.
Noel C. Browne, John Lynch
- Divorce law reform 2 speeches
Dr. Browne urged urgent reform of divorce law, citing rising demand for annulments and deserted-wife allowances. The Taoiseach said divorce change would require legislation and a referendum, neither of which was being considered.
Noel C. Browne, John Lynch
- Constitutional provisions and reform 3 speeches
Dr. Browne questioned whether the Constitution, including Articles 2 and 3, needed broader reform and cited earlier all-party recommendations. The Taoiseach asked what inadequacies he identified beyond the issues already raised.
Noel C. Browne, John Lynch
- Adoption and bail amendments 5 speeches
Asked when constitutional questions concerning adoption and bail would be resolved, the Taoiseach said adoption’s need and scope were disputed and a constitutional amendment might not remedy the bail problem. He acknowledged the concern about urgency.
Jim O'Keeffe, John Lynch, Joseph Brennan
- Constitutional uncertainty over adoption 6 speeches
Members pressed the Taoiseach to resolve uncertainty over whether adoption required a constitutional amendment, citing concern for adoptive parents and proposing Deputy Desmond’s Bill. He accepted the urgency but declined to detail the legal disagreements.
Garrett Fitzgerald, John Lynch, Frank Cluskey
asked the Taoiseach the proposals, if any, for the amendment of the Constitution or its total replacement by a new Constitution.
5.
Comment on this
asked the Taoiseach if he is yet in a position to make proposals for the amendment of the Constitution permitting the legal dissolution of marriage in the Republic.
Comment on this
With the permission of the Ceann Comhairle, I propose to take Questions Nos. 4 and 5 together. I would refer the Deputy to my reply on 12 October last to questions regarding Constitution legislation. The matters referred to then as under consideration are still being considered.
Comment on this
In view of the fact that the need for divorce legislation or the introduction of legislation which would bring it more into line with the annulment process of the Catholic Church is in greater demand—there has been a 15 per cent increase in the number of people looking for these annulments and the number seeking deserted wife allowance has gone from 2,000 to 5,000 in the most recent year—is it not a matter of urgency that the divorce laws be brought more into line with western usage? I should like to bring the Taoiseach's attention to the fact that next year the divorce laws in the North of Ireland will be brought into line with British laws in this regard. In those circumstances we are moving further away from the northern part of the country because of the conservative nature of our laws.
Comment on this
As far as this affects the Constitution the Deputy is aware that I indicated to him in another respect that the question of nullity, in so far as it differed from certain church laws, had been referred to the Law Reform Commission. The question of a change in divorce would be a matter for legislation in the first instance by this House and referring it as a question to the electorate by way of referendum and that is not being considered.
Comment on this
The Taoiseach, when he replied in October last, made it clear that he did not see any great reason for major changes in the Constitution at that time and I should like to ask him if he has changed his mind at all in that regard and if he believes that the average Northern Protestant Unionist should equally be as satisfied as he is with the existing Constitution which, as the Taoiseach knows, under Articles 2 and 3, applies in a united Ireland?
Comment on this
It is not a practice here to answer questions by asking another one but I would like the Deputy to indicate in what respects he finds the Constitution inadequate if he ignores the matters he has already raised, Articles 2 and 3, and the prohibition on legislation for divorce.
Comment on this
Many years ago an allparty committee of the Dáil in consideration of the Constitution made a number of recommendations for its amendment and the Taoiseach, to use his own phrase, has made no attempt whatever to grasp the nettles he talked about grasping.
Comment on this
When does the Taoiseach expect that considerations will be completed in regard to the questions of adoption and bail, which were the items referred to by him this time last year as being under consideration?
Comment on this
I cannot say at the moment. There are some difficulties and there are different opinions as to the need for and the scope of amendments on the question of adoption. As far as bail is concerned, I understand also that an amendment may not cure the defect that the method of granting bail has now shown up in ordinary criminal prosecutions. These matters are, by reference to what I have just said, under continuing consideration.
Comment on this
Does the Taoiseach accept that this is a matter of considerable urgency and a cause of great concern?
Comment on this
As the Taoiseach has said, there is great concern about the question of adoption. Even if there is a legal doubt as to whether there is a need to change the Constitution, it is a doubt which is causing much concern to adoptive parents. Will the Taoiseach not accept that there is an urgency to settle this doubt one way or the other?
Comment on this
I accept that urgency completely and I am very anxious that whatever amendment is required will be introduced. I have a personal interest in it, though not from my own personal point of view.
Comment on this
Would the Taoiseach not consider that the needs regarding the adoption issue could be met by the Bill in the name of Deputy Eileen Desmond submitted immediately before the recess?
Comment on this
Would the Taoiseach give an indication as to the differences of opinion and the legal difficulties which have been posed with regard to the change in the Constitution?