Constitutional barriers to legislation
Fitzpatrick cited difficulties affecting proposals including bail, the Kenny Report and rent restrictions as reasons for modernising the Constitution. The Taoiseach cautioned that a review would not prevent conflicts between legislation and a written Constitution.
(Cavan-Monaghan): Does the Taoiseach agree that certain proposals to amend the law, some of which are very necessary, seem to be running into difficulties with the Constitution quite frequently, such as bail which I mentioned here previously, the implementation of the Kenny Report and the Rent Restrictions Act? Does the Taoiseach not think it is becoming more apparent that a general review of the Constitution is necessary to modernise it?
Comment on this
I should not like people to lull themselves into a false sense of security by thinking a review of the Constitution would solve all our problems in regard to legislation in the future. If we are to have a written Constitution, the process whereby certain legislation finds itself in conflict with that written Constititution is inevitable. Perhaps what is inherent in what some Deputies are suggesting is that we should not have a written Constitution at all, and that we should let Parliament be supreme. That is another major step which would require very careful consideration.