Pro-Life Amendment to the Constitution
The Taoiseach said the Government would proceed with the Bill next week, sponsored by the Minister for Justice. He clarified that the Government agreed to introduce it, while Labour Deputies would decide individually how to vote and Fine Gael members were committed to supporting it. Questions about differing legal advice and collective responsibility were ruled matters for debate; the Government had not set a referendum date beyond its commitment to hold one before 31 March.
asked the Taoiseach the Government's intentions in regard to an amendment to the Constitution designed to protect the life of the unborn.
Comment on this
The Government intend to proceed with the Pro-Life Amendment of the Constitution next week and the Bill has been restored to the Order Paper.
Comment on this
Perhaps the Taoiseach would indicate to us when in the Parliamentary programme it is hoped to take this legislation and also what Minister of the Government will be responsible for sponsoring it through the Oireachtas?
Comment on this
It is hoped to take it next week. It is a matter for discussion between the Whips but we hope it will be taken then. The Minister for Justice will be responsible for it.
Comment on this
I think the Taoiseach will accept that it is circulated to us in the name of the Minister for Health.
Comment on this
Does that mean that this text will have to be withdrawn and recirculated? However, we will not make any difficulties about it.
Comment on this
There is a change of responsibility which comes up under another question later and perhaps we could deal with it better then.
Comment on this
Is the position now clear that the legislation will be sponsored by the Minister for Justice?
Comment on this
Would the Taoiseach not consider even at this late stage withdrawing the Bill which is totally repugnant to quite a large section of the population of the State?
Comment on this
Will the Minister for Justice be presenting the Bill on his own behalf or will he be presenting it on behalf of the Government? Does the Bill have the full support of the Government?
Comment on this
As I made clear in the programme for Government, the decision to introduce the Bill is a decision of the Government. The question of voting on the Bill is, in the case of the Labour Party, a matter for individual members of that party.
Comment on this
The introduction of the Bill has the support of the Government. The question of voting on the Bill is a matter, in the case of the Labour Party, for individual Deputies.
Comment on this
The Bill has already been introduced to the House in the last session. It is now reintroduced without the full support of the Government except for its introduction in the House——
Comment on this
Yes. Agreement was to introduce. As I have said, repeatedly, in the case of the Labour Party the decision on the voting on the Bill is a matter for individual Deputies.
Comment on this
The Taoiseach will be conscious of the fact that the Tánaiste has indicated that he has had legal advice which does not seem to be to the same effect as that available to the Taoiseach. Will the Taoiseach explain if there will be any attempt to reconcile the different legal advice given to the Tánaiste and that given to the Taoiseach in this matter?
Comment on this
The Deputy is anticipating the debate on the matter. This does not arise at this stage.
Comment on this
It is on the basis of legal advice that legislation is introduced here. On the one hand the Taoiseach is satisfied, having received legal advice, that it is appropriate to bring it to this House but the Tánaiste, the Deputy Prime Minister, has legal advice which suggests another course. Surely there is something to be reconciled before the House is asked to deal with the matter?
Comment on this
This is a matter for a Second Stage debate as it is going into the merits of the matter.
Comment on this
This is relevant having regard to what the Taoiseach has said. We are now talking about the principle of collective responsibility under Article 28 of the Constitution where it specifies that decisions made by Government are collectively carried through by Government. Are we now, on the Taoiseach's own admission, in a situation where there are two wings in the Government who are opposed on this important matter? Is he proposing to proceed by way of a device to obfuscate that situation until Second Stage debate?
Comment on this
My intention was to clarify rather than obfuscate. I am sorry the Deputy has not followed me. The decision to introduce the Bill is one to which the parties in Government agreed and have now implemented. On the question of voting on subsequent Stages of the Bill, in the case of the Labour Party it is a matter for individual Deputies. That was made perfectly clear in our programme for Government. I do not know if I have made that any clearer by saying it four times as against three times.
Comment on this
Have the Government made a decision as a Cabinet with regard to collective responsibility in promoting this Bill? This question is pertinent and germane to Article 28 of the Constitution and the whole establishment of Government within our Constitution and laws.
Comment on this
The Government decided to introduce the Bill and subsequent debate on the Bill will be carried on in accordance with what I have said. I have said this four times.
Comment on this
The Taoiseach has told us that members of the Labour Party will have a free vote on the Bill when it comes before the House. He did not say what would be the position with regard to members of Fine Gael. Will there be a free vote as far as Fine Gael are concerned?
Comment on this
The Fine Gael position as regards this matter was established clearly. It is not in doubt that all members of the party are committed to vote for the Bill.
Comment on this
We are not talking about voting. We are talking about the collective responsibility of the Government.
Comment on this
Taking it that there will be agreement from me, as Fianna Fáil Whip, to take this Bill next week, will the Taoiseach confirm or deny that the date in the Government's mind for the referendum is 23 March?
Comment on this
The Government have not taken a decision on the date for the referendum other than the general commitment to have it prior to 31 March. The date will depend on progress in the Dáil and Seanad, subject to that constraint which we feel we are under in giving the undertaking that we gave.