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Dáil
‹ Ceisteanna—Questions. Oral Answers. - Single European Act.

Urgency of reviewing constitutional implications

Summary

Dukes urged prompt action to clarify the relationship between executive and judicial powers, while the Taoiseach said the complex issues required thorough examination before decisions were made. Desmond pressed for talks with party leaders before any further Supreme Court ruling; the Taoiseach welcomed constructive discussions but cautioned against predicting the Court’s decision.

Does the Taoiseach not agree that the fundamental issue in the referendum had to do with the relationship between the competence and extent of the Government's powers, in other words the extent of the powers of the Executive as against the extent of the powers of the Judiciary? Does he agree also that neither he not any other member of his party or anybody else outside this House envisaged that question towards the end of last year? Would he not agree that the issue is clear enough now in the light of the debate we have had to enable us to proceed quickly to clarify the matter and to propose the required constitutional amendment?

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I will proceed as quickly as possible, but surely the Deputy must be acutely aware that these are very complex issues and that it was failure to go into them thoroughly on the last occasion that brought us to the stage where we had to have a referendum. I do not intend to rush into anything until it has been fully and carefully examined in detail by all the authorities available to the Government.

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Would the Taoiseach not agree that a large part of the problem we have had during the last few weeks——

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I had not finished speaking.

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——arose directly from the Taoiseach rushing into something——

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Seán Treacy An Ceann Comhairle Independent

The Taoiseach has indicated that he has not concluded his remarks.

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——as Leader of the Opposition during last year?

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I had not finished speaking. This Government have picked up the pieces left by the previous administration and put them together again so that now we can continue with full——

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In view of the further judgment which may be expected from the Supreme Court on the question of the constitutionality of the Anglo-Irish Agreement and of the fairly widespread political awareness that the Taoiseach favoured in the recent referendum, a broader based amendment which was rejected by other members of the Cabinet, will he now regard it as imperative that, rather than be forced by another Supreme Court judgment one way or the other, he should have those discussions with the party leaders and that they should be held, with all due respect, in an atmosphere of less retrospective recrimination about the previous Government's performance?

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First, I would like to pay tribute to the Deputy whose role in the recent referendum campaign was entirely honourable, responsible and mature. What I am offering to the House here is fairly unprecedented in its generosity. I am prepared as Head of the Government to enter into constructive and meaningful discussions with the leaders of the other political parties to see whether we can come to a consensus on what needs to be done. As regards the opening sentence in Deputy Desmond's supplementary question, it is not very wise to say what we can or cannot expect from the Supreme Court on any issue.

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