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Dáil
‹ Order of Business

Eighth Amendment legislation timing

Summary

Micheál Martin challenged the Government’s claim that referendum repeal legislation could not proceed because of court challenges, while the Taoiseach said it could be published but not debated yet. The Ceann Comhairle repeatedly curtailed the exchange and ruled the House could not go into the issue further.

I was going to raise the issue we have just dealt with, so instead I will ask about legislation.

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Okay.

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The legislation that has been promised to implement the result of the referendum repealing the eighth amendment is a key issue. The people have voted to remove the eighth amendment. The Government has issued a statement to the effect that it will not proceed with the legislation until the autumn. It is taking that approach on the basis that legal cases are ongoing. I understand that there is no legal stay. Nothing is legally preventing us from proceeding with this legislation. The cases that are being taken do not prevent the Government from bringing the legislation into the House for debate. If we were to take the Government's position to its logical conclusion, there could be Supreme Court appeals, etc.

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The Deputy's minute is up.

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Leo Varadkar The Taoiseach Fine Gael

The advice I have received from the Attorney General is that we can publish the legislation.

The legislation is being drafted and we anticipate publishing it next month. However, my advice is that we cannot actually debate it or bring it through Second Stage in this House while the constitutionality of the actual referendum result is being challenged.

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That is not the case.

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There is no provision.

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Has the Government been advised that it would be imprudent or that it cannot happen?

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It would be good to have clarity on the matter.

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We cannot go into it now.

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Leo Varadkar The Taoiseach Fine Gael

I will check again.

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The Taoiseach should do so as we need an opinion. It is a very important point as to whether we can legally proceed with the legislation. We should not be misled in the House unwittingly.

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It is a hugely important point, but I am afraid that we have a system to operate. Will the Deputy, please, resume his seat?

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If I might try to be helpful, could a note-----

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Leo Varadkar The Taoiseach Fine Gael

We could never pass legislation on Second Stage that was unconstitutional.

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It is not unconstitutional.

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I am about to try to help the Deputies.

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Excuse me.

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Jesus, Mary and Joseph - the Ceann Comhairle rang his bell very loudly.

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Will the Taoiseach and the Leader of the Opposition respect the rules of the House?

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I was interrupted when I was going to ask a question.

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The rules of the House apply to everyone.

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