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

Constitutionality of European judgments Bill

Summary

Kennedy asked whether the Government was satisfied that the European judgments Bill was constitutional. The Taoiseach said it would proceed only if the Government was reasonably satisfied, while an exchange disputed responsibility for earlier constitutional judgments and referendum decisions.

Seán Treacy An Ceann Comhairle Independent

Question No. 5.

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Is the Taoiseach satisfied about the constitutionality of the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Bill which has been placed on the Order Paper since the Single European Act judgment? Some doubt was raised about that during the debate.

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The Deputy can take it that the Government will not bring forward legislation of that nature unless we are reasonably satisfied as to its constitutionality. Perhaps what is in the Deputy's mind is that it is not too easy these days to predict what will or will not be found to be constitutional.

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Seán Barrett Mr. S. Barrett Fine Gael

You should not blame Deputy Peter Barry for that.

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I would like to remind the distinguished senior representative from the city of Cork that it was I who questioned that previous outgoing administration as to whether they were wise in not having a referendum.

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Seán Treacy An Ceann Comhairle Independent

I have called the next question.

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Peter Barry Mr. P. Barry Fine Gael

Would the Taoiseach not agree that what he questioned in December was the constitutionality of Title III of the Single European Act? The rest was found to be constitutional.

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