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Dáil
‹ Order of Business

Eighth Amendment referendum legislation

Summary

Deputies sought clarity on whether the Government would pursue repeal simpliciter and publish the necessary referendum legislation promptly. The Taoiseach said Cabinet had not decided, but remained committed to a May or June referendum alongside proposed enabling legislation.

I am sure it was inadvertent, but the Taoiseach's comments in the past week on the eighth amendment of the Constitution have produced a little confusion. Therefore, I ask him to clarify what he said. There are two issues at stake, one of which is the holding of a referendum to repeal the eighth amendment of the Constitution, while the second is the nature of any legislation that would flow in the event that the referendum to repeal is passed. In the case of the first issue, is it the Government's intention to bring before the House a repeal simpliciter resolution, or is work ongoing to amend the recommendation of the all-party committee?

Comment on this
Leo Varadkar The Taoiseach Fine Gael

The Government and the Cabinet have not yet made a decision on the issue. I am keen to hear people's views. We had a good discussion at the Cabinet last week. I also attended a meeting yesterday of my parliamentary party which lasted for five hours to hear views across the parliamentary party on the issue. There will be a debate on it in the Dáil and the Seanad in the next couple of days. At that point, having listened to the views of Members and the public, a proposal will be brought to the Cabinet. It will need to have two elements, including a referendum Bill to allow for the repeal of the eighth amendment. The Government does not propose to come up with a new wording, but one thing that has to be considered is the proposal of the Citizens' Assembly to have an enabling provision specifying that legislation in this area would be the sole prerogative of the Oireachtas, not the courts, because, as the Deputy knows, there are other rights listed in the Constitution. We are awaiting advice from the Attorney General on that issue because we would find ourselves in a very strange position if we were to repeal the eighth amendment only to find that there were other rights to life in other parts of the Constitution that might make any legislation we would pass unconstitutional. We have to obtain the Attorney General's advice on that issue. The Government will also produce the heads - a detailed draft scheme - of any legislation which would be brought before this House after a referendum should it be passed. We need to bear in mind that once, or if, the eighth amendment is removed from the Constitution, the legislation would then be in the purview of the Oireachtas and that the Government does not have a majority in the House.

Comment on this

On the same subject, the Taoiseach has stated his desire, which we share, that the referendum take place in May. A significant concern we have which is partially expressed by Deputy Bríd Smith's concerns about the time the various debates could take to complete relates to whether it will happen and that we will actually have the referendum in May. I do not see in anything the Taoiseach has said or any issue he has raised any reason the legislation required to ensure the referendum will take place should not be published and placed in front of us. Regardless of all of the other ancillary issues involved, where is the legislation to enable the referendum to be held? It is simple legislation which does not require major consultation. It is just to allow for the holding of a referendum. If the Government is having difficulty in drafting it, there is legislation on the Statute Book which was debated in this House. We need the legislation and a clear commitment that there will not be any delay, excuses, technicalities, obstacles, filibustering or anything else that will prevent the referendum from taking place in May which is when we will hear the voice of the public. We have had enough debate here. We need to hear the voice of the public in a referendum.

Comment on this
Leo Varadkar The Taoiseach Fine Gael

With the greatest of respect to the Deputy, he is one of the champion filibusters in the House.

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Leo Varadkar The Taoiseach Fine Gael

I hope he will not filibuster on this or any other legislation in 2018.

Comment on this
Leo Varadkar The Taoiseach Fine Gael

The process of having a Citizens' Assembly, referring matters to an Oireachtas committee and making decisions at the Cabinet and in this House was established by the Government.

Despite what other people may think, it was never about delaying tactics or long-fingering this issue. I do not want to long finger it either.

Comment on this

It has been going for three decades. Is the Taoiseach kidding?

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Leo Varadkar The Taoiseach Fine Gael

I am committed to having a referendum in May or June if possible. However, I answered the Deputy's question in my previous reply. Before members of the public vote in a referendum, they will want to have some indication as to what legislation this House will enact if the eighth amendment is repealed. As the Deputy is aware, if the amendment was repealed tomorrow, it would not change the law. The Protection of Life During Pregnancy Act 2013 would remain in place.

Comment on this
Leo Varadkar The Taoiseach Fine Gael

People would like to see, at the very least, a detailed, general scheme in order that they might have some understanding as to what might be the new law.

We need to check the position. The Citizens' Assembly differed from the all-party committee as to whether there needs to be an enabling provision which makes it clear that only the Oireachtas can make the law on this issue because there is another right to life in the Constitution. There are also rights to privacy, children's rights and rights to bodily autonomy. We need to consider the possibility - and we have sought the Attorney General's advice on this - that the Citizens' Assembly may have been correct in suggesting that an enabling amendment will also be needed.

Comment on this

None of that prevents a referendum being held in May.

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