Early Referendum Commission appointment
Éamon Ó Cuív criticises appointing a Referendum Commission chair before the Seanad-abolition legislation is enacted, while the Tánaiste says earlier appointments were recommended and the commission will remain independent.
I express our deepest sympathy to the families of Paul, Kenny and Shane Bolger who tragically lost their lives off the Tramore coast. I am sure everybody in the House shares these sentiments. Our thoughts are with their families at this very sad time.
It is reported today that the Government will appoint Judge Elizabeth Dunne to chair the new Referendum Commission in respect of the abolition of the Seanad. This announcement has been made even before the legislation has been passed by the Oireachtas - the Legislature - or before we know the date of the referendum. It seems like the Taoiseach is on a solo run with this initiative. It is fair to say the Labour Party is less than enthusiastic about it. The party Whip, Deputy Emmet Stagg, said the only commitment the Labour Party had given was to hold a referendum to scrap the Seanad. He said "that doesn't tie any Labour person to campaigning for that." He then said, "I think the Seanad should be retained." Deputy Joanna Tuffy has described it as a power grab, while Deputy Michael McCarthy is determined to campaign for a reformed Seanad and is against its abolition. Senator John Whelan will vigorously campaign for the reform and retention of the Seanad. Interestingly, according to Senator John Kelly, the Tánaiste has said the Labour Party can canvass for the retention of the Seanad. It is fair to say the Labour Party's heart is not in the referendum and that it is a sop to the personal commitment given by the Taoiseach at a dinner in 2009. It is the ultimate power grab. Will the Tánaiste confirm whether he has told members of his party that they can canvass for the retention of the Seanad? If so, is the Government going ahead with the referendum and is it doing so purely because of a personal commitment given by the Taoiseach? Will the Tánaiste confirm when the referendum will be held? I understand a date in early October has been mooted, but I am sure the Tánaiste will be able to inform the House today about when the Government intends to hold the referendum.
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I join the Deputy in expressing my sympathy and that of the Government to the families and friends of Paul, Kenny and Shane Bolger, the three brothers from Passage East, County Waterford who lost their lives so tragically in a fishing trip off the south-east coast. We all share the sense of loss felt by their families, friends, the local community and the entire fishing and maritime community in the country who have always had a great sense of solidarity and grief on occasions such as this.
Deputy Éamon Ó Cuív will recall that referendum commissions have expressed the view on a number of occasions that they would like to have more time to prepare for referendums. That is the reason the Government has decided at this early stage to appoint Judge Elizabeth Dunne to chair the Referendum Commission. I am interested to hear the Deputy speak on this subject because he has a bit of form on it. I recall that he announced publicly that he had voted against the Lisbon treaty in the first referendum on it. He was then prevailed upon by his Government colleagues to come round on the second occasion; therefore, he knows a bit about the complexities of a referendum campaign.
The proposal to abolish the Seanad is a Government proposal in the programme for Government. The abolition of the Seanad was part of the election manifestos of the two Government parties prior to the last general election and the intention is to proceed with it. The legislation to give effect to the proposal is before the Dáil and the debate on it will commence shortly. There will be plenty of opportunities to debate it in both the Dáil and the Seanad. Both Government parties will support the proposal in the Dáil and the Seanad and will make the case for it in the event of the Dáil and the Seanad adopting the legislation and proceeding with the referendum.
The Labour Party published a document prior to the last general election which set out the rationale for why a small state such as Ireland should have one parliamentary body. The case being made is that a state with 4.6 million people should have one parliamentary body, which should be the Dáil. The Dáil should have its powers increased and enhanced to do its job more effectively. That is why we have been advancing reform measures such as increasing the amount of sittings of the Dáil, providing opportunities for the introduction of Private Members' legislation, the enhancement of the work of the committees, the introduction of legislation to empower the Oireachtas to conduct inquiries, the strengthening of the Freedom of Information legislation and the introduction of whistleblowers legislation. All of these measures are aimed at reforming our parliamentary process. I hope that on this occasion Fianna Fáil will support the efforts the Government is making to ensure we will have a modern, efficient and reformed Parliament.
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Is the Tánaiste sure the Labour Party will support it?
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I thank the Tánaiste for his reply. Perhaps he might clarify if he made the statement attributed to him by Senator John Kelly and also say when I made a statement on how I had voted in the Lisbon treaty referendum? He is incorrect in what he said.
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Therefore, the Deputy was behind it all the time.
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The most silent man in the Dáil.
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If the Tánaiste checks the record, he will know that what he said is incorrect.
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Does the Tánaiste think it is symptomatic of the total disregard of the Government for the Oireachtas that it has appointed a Referendum Commission when neither this House nor the Seanad has yet agreed to the legislation? He is correct that the judge said more time should be provided. However, I am sure he did not want the Government to pre-empt the two Houses of the Oireachtas and the President. What he said was that more time should be provided between the passage of the legislation and the date set for the holding of the referendum. Is it a major plank of the Government's policy on Dáil reform to introduce the guillotine in dealing with crucial and sensitive legislation in order that it cannot be debated in the House?
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Even the Minister of State, Deputy Paul Kehoe, is upset about that.
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The rationale for the early appointment of a chairman of the Referendum Commission is to respond to the requests made previously in reports of referendum commissions that the commission be established at an earlier date. The proposition being put to the people is one that must be debated and decided on by the House. The Referendum Commission operates independently. The Deputy knows well that it does not take a position one way or the other on what is being put to the people. Previous referendum commissions have recommended that a commission be appointed at an earlier date. What the Government is proposing in regard to reform of this House is a new procedure for the processing of legislation. In the first instance, the heads of a Bill would be discussed by the relevant Oireachtas committee before formal drafting. This is already in operation and there is a general acceptance that it is a better way of doing our business. While Report and Final Stages of Bills are taken together, it is proposed that Report Stage be taken in the normal way and that the Bill then be returned to the relevant committee for reflection on issues that may have been missed or may require further re-examination. As part of this process, a facility would be provided whereby Oireachtas committees could obtain the advice of experts and others interested in the legislation concerned. It is not just a question of how legislation is dealt with in this House-----
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As in the case of the debate on the social welfare Bill in the Dáil last night. Is that the new way?
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-----it is also a question of involving wider society in the enactment of legislation in order that there is a much more comprehensive look at the laws being made and better use of Dáil committees and engagement with all involved. I appreciate that reform is anathema to Fianna Fáil. There was little evidence of reform during the 14 years it was in office. In the two years since it took office the Government has done more to reform politics and public service than Fianna Fáil ever did in the previous 14 years.