General constitutional review
O'Leary and other Deputies pressed for a general or all-party review, citing constitutional difficulties with legislation; the Taoiseach said no review was planned at present and cautioned that changes must be carefully considered. He remained open to discussions with party leaders, though he made no commitment to a formal review.
asked the Taoiseach whether he will give consideration to a general review of our Constitution now with the object of introducing necessary changes by way of referendum.
Comment on this
I do not propose a general review of the Constitution at present. Individual constitutional aspects will, however, be considered by the Government as appropriate and necessary from time to time.
Comment on this
Would the Taoiseach agree that, already, certain difficulties have arisen in regard to legislation being passed in this House, for example, the rent question which is the subject of legislation at present? Difficulties have arisen with regard to legislation from clauses in the Constitution, such as the clauses in Article 43. Does the Taoiseach accept that there is need to amend the Constitution in many vital areas concerning people living in the Republic? The Taoiseach's predecessor, Seán Lemass, accepted the need for this a long time ago. Would the Taoiseach accept that the case is well proved in certain areas, such as legislation dealing with the anomalies concerning tenants who believed themselves to be living in rent-controlled dwellings?
Comment on this
Changing the Constitution is fairly fundamental and not to be lightly embarked on. I think the Deputy would agree that, in areas like this, very often when one contemplates change, one has to be sure that one is not doing more harm than good. It is very important that if one is going to change the Constitution, one improves rather than disimproves the situation. I would hope that on the matter to which the Deputy referred, the legislation dealing with rent restriction, the Bill we will be bringing before the House will meet the constitutional requirements. In fact, I have always felt that there should not be any great difficulty in framing legislation which would protect the rights and the interests of tenants while, at the same time, meet the obligations of the Constitution, particularly when one takes into account the social principles enshrined in the Constitution. A reasonably broad interpretation of our Constitution should enable us to meet any particular exigencies which would arise in this area.
Comment on this
Does the Taoiseach still see no merit in an all-party committee of this House being given an opportunity to review the Constitution with a view to bringing a report before this House, bearing in mind that many Bills have been referred to the Supreme Court either by the President or by individual citizens in recent years? This practice is increasing with ever-greater momentum and therefore, there is an urgent need for a constitutional review, not just on an ad hoc basis, as we go along. Does he still see no merit in that proposition?
Comment on this
The administration of which the Deputy was a very important member did not have an all-party committee review of the Constitution. They opted for a review by a special committee which was, in fact, a committee of lawyers. The question of an all-party Oireachtas review of the Constitution is entirely different. It would be a major undertaking for politicians from different sides of the House to review the Constitution, and it would require a great deal of thought. The Deputy will remember that the last such constitutional review did not achieve very much.
Comment on this
Could I ask the Taoiseach whether we can take any heart from his use of the words "at present" in his reply, as indicating that his mind is not completely closed to a further——
Comment on this
It is very encouraging to hear that. In the light of what has been said, would the Taoiseach leave open this question, and be willing to discuss further the possibility of a constitutional review?