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Dáil
‹ Order of Business

Referendum legislation and court challenges

Summary

Catherine Murphy asked whether legislation could proceed while court challenges to the referendum results remained unresolved. The Taoiseach said draft legislation would continue to be prepared but it could not be enacted until the legal cases were heard.

Three challenges have now been lodged against the results of the recent referendum. We are aware that there is a separation of powers and the courts will proceed accordingly. Some of us met the Minister for Health and we are expecting the legislation to be published next month. If those court challenges are not dealt with, is it possible for us to proceed with enacting the legislation? If both Houses can proceed with enacting the legislation, can it then be implemented if the court challenges have not been disposed of in advance?

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That would be a matter for the Department of Justice and Equality.

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Leo Varadkar The Taoiseach Fine Gael

That is a good question. I am not sure I have the answer. I will check up on the position. There are legal challenges obviously. They are with the High Court and it will make its decision in its own time. However, I hope it will be done as expeditiously as possible. We will continue to prepare the legislation in the meantime based on the timeline we set out. There has been no delay in drafting the legislation but it could not be enacted until all the court cases, if there are any, have been heard. I am not sure if we can introduce it. I will check.

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