Working in the Community, Working for the Community

Category Archives: Referendum

The Joint Oireachtas Committee on the Future Funding of Domestic Water Services met most recently on Wednesday last, 25 January 2017.  I continue to raise many issues of public concern regarding our water services and to insist that important issues such as the need for a constitutional amendment to ensure protection of water services from privatisation be discussed.

Séamus Healy (Tipperary, Workers and Unemployed Action Group): It was suggested that we should not have been discussing this issue, but it is wholly appropriate for this committee to discuss a constitutional amendment. We are discussing the principle, not the specifics, which are for another committee to address. A constitutional amendment is the only certain protection against privatisation of water services, so the suggestion that the currently stated view of political parties and individual politicians that they are not in favour of privatisation represents a guarantee against it is almost laughable.

Pádraig Ó Céidigh (Independent): Does the Deputy have a question or is he making statements?

Séamus Healy (Tipperary, Workers and Unemployed Action Group): That was a statement made by another committee member.

Pádraig Ó Céidigh (Independent): I am trying to move on.

Séamus Healy (Tipperary, Workers and Unemployed Action Group): So am I.

Pádraig Ó Céidigh (Independent): In fairness, I want to allow other members to contribute.

Séamus Healy (Tipperary, Workers and Unemployed Action Group): The statement does not stand up. In the witnesses’ view, is a constitutional amendment the only certain protection against privatisation? Is it not the case that any current protection, whatever it might be, can be changed by an Act of the Oireachtas?

There appears to be a difference of opinion on the alienation of assets. Is that in itself not an indication that a constitutional amendment is the better way of proceeding? If the departmental and legal views at this meeting differ, is it not clear that the only way to achieve certainty is by way of a constitutional amendment?

Do the Minister and Ervia have voting rights in Irish Water? I am seeking a “Yes” or “No” answer to my next question. Is Mr. Ó Tuathail satisfied that a constitutional amendment would not in any way affect current group water schemes?

Pádraig Ó Céidigh (Independent): I thank the Deputy, but my understanding is that some of his questions have already been asked by Deputy Murphy.

Séamus Healy (Tipperary, Workers and Unemployed Action Group): They may have been.

Pádraig Ó Céidigh (Independent): Is that the case, Deputy Murphy? I could be wrong, but Deputy Healy asked five questions, the last two of which had not been asked previously. I will ask our guests to answer each of them,—–

Séamus Healy (Tipperary, Workers and Unemployed Action Group): Please do.

Pádraig Ó Céidigh (Independent): —–but I believed that three of them had been answered previously.

Séamus Healy (Tipperary, Workers and Unemployed Action Group): I do not believe that they were the same.

Pádraig Ó Céidigh (Independent): The Deputy may be correct.

Mr. Séamas Ó Tuathail: As to whether a constitutional amendment is the only way—–

Séamus Healy (Tipperary, Workers and Unemployed Action Group): The only certain way.

Mr. Séamas Ó Tuathail: I would say “Yes”. As to whether any other protection can be removed, I would say “Yes”. As to the difference of opinion, I will not comment. That has already been said. The Ervia question is for Ms Graham. As to whether I am satisfied that an amendment would not in any way affect existing rights, “Yes” is the answer.

Ms Maria Graham: I can only refer to my statement, in which I said that we had sought to maximise the protections within the existing legislation. The Minister has recognised the sincerity of the proposals being made and the concerns that have been raised, and he is open to a work-up of proposals. For that reason, the Bill was not opposed and it was suggested that it needed legal and technical scrutiny when on Committee Stage.

A constitutional protection is always higher than a legislative provision. We have discussed the issues with wording.

Regarding voting, Ervia is owned by the State and Ervia owns Irish Water. Ervia has the voting rights, not the Minister. Rather, he has the economic rights. However, there is a range of provisions under the legislation for which ministerial consent is required. The Minister also gives Ervia what is called a shareholder’s expectation letter, which sets out the range of activities that he, as the shareholder in the State company, expects Ervia to perform. That involves a number of metrics and is common to the NewERA family, as it were, those being, ESB, Gas Networks Ireland, etc.

That would set out a range of things to do with dividend policy, water policy, and energy policy, etc. While the Minister does not have a voting right, there is obviously a policy construct within the legislation, within the NewERA legislation, and within the specific ministerial consents that are set out in legislation.


Seamus Healy ‘s contribution to the Dáil debate on the forthcoming  Referendum

 

Deputy Seamus Healy:   I welcome the opportunity to speak on this legislation and I confirm my support for the Bill. I will be voting “Yes” in the forthcoming referendum on 22 May. The referendum arises from the Constitutional Convention vote of 79 to 19 in favour of same-sex marriage. This is a civil rights and equality issue and is about removing the barriers which deny some couples the chance of marrying and having relationships that are constitutionally protected. I believe that loving committed relationships between two consenting adults should be treated equally regardless of gender or sexual orientation. In a democratic republic based on equal citizens, such as Ireland, civil marriage should be open to all citizens, including lesbian and gay people.

As Deputy Pringle has just said, in the many countries where marriage equality has already been introduced, marriage has not been changed or damaged. There are no fewer marriages taking place than before, public perception of marriage has not been damaged and divorce rates have not increased. There is absolutely nothing to fear from allowing people to marry those whom they love and neither is there anything to fear from treating every committed, long-term relationship equally. A “Yes” vote in May will create a fairer society in which, regardless of one’s sexuality, one is not any different. By voting “Yes” we will tell all gay and lesbian people in our community that we want them to be treated the same as everyone else. By voting “Yes” we will tell them that we see them as equal citizens.


  Father Iggy O’Donovan in a recent article in The Irish Times raised some issues which should inform this debate and our decision on the issue. He argued that “In Ireland, we have inherited a tradition which has associated religion and politics in a way that has excluded some of our fellow citizens” but that “the State is a secular reality whose principal duty towards religion is to ensure its freedom”. He went on to say, in the context of the referendum: “When we become legislators, though, as we do when we vote in referendums, we legislate for ALL our fellow citizens. We do not vote as members of this or that church or faith.”   He argued that we need to remember the difference between civil and religious law and also that it is possible to have “deep and passionately held convictions without seeking to have those convictions imposed by the State on fellow citizens who do not share them and may have opposite convictions which are equally deep and passionately held”. He argues further that “Respect for freedom of others to hold religious or moral views which we ourselves find we cannot share is a sign of strength, not weakness”. 

I support the Bill and will be supporting the referendum.

 

Thanks again, 

Seamus Healy TD  

087-2802199


Photo of Séamus HealySéamus Healy (Tipperary South, Independent)

317. To ask the Minister for Justice and Equality in view of the recent traumatic events in France and the recommendation of the Constitutional Convention, the plans the Government has to hold a referendum to exclude blasphemy from the Constitution Article 40.6.1.1; and if she will make a statement on the matter. [3864/15]

 Photo of Frances FitzgeraldFrances Fitzgerald (Minister, Department of Justice and Equality; Dublin Mid West, Fine Gael)

The Deputy will be aware that the Government agreed last September to hold a referendum on removing the offence of blasphemy contained in Article 40.6.1.1 of the Constitution, in response to the 6th Report of the Convention on the Constitution.

The work necessary to prepare a Referendum Bill and a Bill to amend the current legislative provision for the offence of blasphemy is ongoing in my Department.

An appropriate date for the Referendum will be decided by Government when the legislation has been prepared. Earlier this month, the Taoiseach confirmed in the Dáil that the blasphemy referendum will not be held this year, as two referenda are already scheduled for this year.

In the meantime, my officials and I are working on preparing the necessary legislation which is included in the Government Legislative Programme for 2015, as announced on 14 January.


 

The Government has published the 31st Amendment of the Constitution Bill, which sets out the wording to put to the people in the Children’s Referendum on Saturday, 10th November.

Ahead of the Referendum, the Government is mounting a major Information Campaign to outline and explain the proposed constitutional changes, to ensure that the public fully understands the proposed Amendment.

A dedicated new website www.childrensreferendum.ie provides information on the referendum. If you work for an organisation, we ask you to promote this website by posting the link and the attached image on your organisation’s website.

This Referendum proposes to place a dedicated Article in the Constitution, which has children as its central focus.

This Referendum is about strengthening the Constitution:

  • to protect children from abuse and neglect by putting their safety and welfare at the centre of decision making.
  • to support families; State intervention will be required to be proportionate, in line with the Government’s policy of continuing development of early-intervention and family support services to protect children in their home.
  • to treat all children equally on key issues such as adoption, regardless of the marital status of their parents.
  • to recognise children in their own right by providing an express statement of each individual child’s inherent rights and giving Constitutional recognition to the best interests and views of the child, in court cases affecting their life.

Your co-operation in promoting www.childrensreferendum.ie and the logo is much appreciated. You can also follow us on Twitter at @childref12

 

 



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