Children’s referendum legal challenge
Micheál Martin asks how a legal challenge to the children’s rights referendum might affect related legislation. The Taoiseach says the legislative programme will continue regardless of the petition.
We have heard the announcement of a challenge to the outcome of the referendum on children's rights to the Supreme Court, given the Government's failure to present materials objectively and in accordance with the McKenna judgment, and the decision of the Supreme Court essentially to make that ruling. What does the Taoiseach believe the impact of the challenge to the constitutionality of the referendum result will be on the legislative programme that flows from the passing of the referendum? There are two Bills on the A list, the children Bill and the family support Bill, as well as the Bill on adoption. The Children First legislation may not be dependent on that, but can the Taoiseach indicate if there will be any impact on the progression of those Bills as detailed on the A list?
I ask the Taoiseach for time to be made available in plenary session for the House to debate the escalating situation in Gaza. People are genuinely shocked at the impact on the civilian population in Gaza that we saw on our television screens yesterday. There should be a debate in the House on that matter with the Minister for Foreign Affairs issuing a statement to the House. Others will be in a position to contribute to the debate also.
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The Whips will discuss the second issue at their meeting. I do not see why not. This is an issue that will be raised at the European Council in any event.
On 19 November, the Chief State Solicitor's office received a notice that an ex parte application had been made that afternoon for leave, pursuant to the Referendum Act 1994, to present a petition questioning the provisional referendum certificate. Solicitors acting on behalf of the putative petitioners advised that the High Court had accepted the application as having been made within the relevant statutory period. They put it back to be heard on Tuesday, 27 November 2012. Further documentation relating to this application and the order made by the court are awaited by the Chief State Solicitor's office. As the matter is before the courts, I obviously do not want to comment on that.
The Deputy is aware of the fact that the Supreme Court issued its ruling on the appeal of Mr. McCrystal against the decision of the High Court in relation to the Government's information campaign on the children's referendum. The Supreme Court will give its detailed analysis on 11 December 2012.
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Will the Taoiseach comment on the impact on the Bills?
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It is a matter of whether the petition is allowed and whether that goes to the Supreme Court.
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The legislation is in the Government programme, so does it impact on that?