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Dáil
‹ Ceisteanna—Questions. Oral Answers. - Review of Constitution.

Constitutional review after Single European Act ruling

Summary

The Taoiseach said the Government had no current proposals to amend the Constitution. An Attorney General’s examination of constitutional issues arising from the Supreme Court’s Single European Act judgment remains ongoing; it is complex, with no completion date given, and covers treaty powers, the UN and existing agreements, including the Anglo-Irish Agreement, which is before the courts.

Gay Mitchell Mr. G. Mitchell Fine Gael

asked the Taoiseach if the Government are considering proposals to review the Constitution; and if legislation to amend the Constitution in any regard is, at present, being considered.

Comment on this

The Government have no such proposals at present.

Comment on this

Could the Taoiseach indicate if the Attorney General's Office are considering any proposals to amend the Constitution that may be necessary arising out of the judgment delivered by the Supreme Court on the Single European Act in the context of this country's ability to enter into Treaties at international level with other countries and also in the context of the validity, under our Constitution, of existing agreements?

Comment on this
Seán Treacy An Ceann Comhairle Independent

The Deputy is becoming rather specific.

Comment on this

With respect, a Cheann Comhairle, this is a matter on which the Taoiseach indicated he was going to get a report from the Attorney General's Office.

Comment on this

I have indicated on a number of occasions that that examination is still proceeding.

Comment on this

Could the Taoiseach indicate when that examination will be concluded? It has been under way for approximately eight months.

Comment on this

It is a very complex matter.

Comment on this

Is it a matter that is regarded as having any priority?

Comment on this

It is not a question of priority. It is a matter which requires detailed and meticulous examination. Many aspects, such as domestic and international law, have to be taken into account.

Comment on this

Could the Taoiseach indicate whether two particular matters are being considered in that examination: firstly, the validity under our laws of the Anglo-Irish Agreement and, secondly, the position with regard to our membership of the United Nations? Are they matters which are being considered by the Attorney General's Office and on which the Taoiseach has yet to receive a report?

Comment on this

With regard to the Anglo-Irish Agreement, there is a case pending in the courts, and the other matter, the UN, is the key to the whole examination.

Comment on this