Six weeks to produce legislation on abortion referendum
The advice is contained in details given to the Government, which outlines the parameters for a range of referenda and their possible dates but also issues around holding votes.
A memo for the Cabinet advises that if a referendum is to go ahead on abortion either next May or June, as intended by Taoiseach Leo Varadkar, that the lead-in work for this must start in January or early February.
The memo on various referenda warns that this timeframe for holding a vote on the Eighth Amendment of the Constitution, that protects the life of the unborn, is “challenging but achievable”.
It says the work of a special Oireachtas committee on the Eighth Amendment will finish by the end of this year. The advice for ministers adds: “This will leave a short period of roughly six weeks before a Constitutional Amendment Bill must be introduced in the Dáil if a June referendum is to be held.”
Reasons for the necessary lead-in period are to allow Dáil legislation for the referendum to pass, for a referendum commission to do its work over 16 weeks and for a campaign to take place.
Among proposed referenda before the Cabinet there are also plans to empower Oireachtas committees, as originally proposed by the former banking inquiry.
However, preparations for this are complex and the advice is that it may be the second half of next year before such a vote could take place. A set of proposals from the attorney general, which may include a referendum, will be submitted to the minister for finance by the end of the year.
Elsewhere, a previous proposal to give the office of the Ceann Comhairle constitutional standing has been dropped. Given the fact there was a secret ballot to elect the current office holder, the advice is that many issues which arose have been addressed. Ministers are told that existing legislation gives strong powers to the Ceann Comhairle.
“In light of these developments, it is proposed not to proceed with a referendum.”
The timeframe for different referenda are set out. Plans would see several held on the same day, with a possible presidential election next year. While the Cabinet memo notes President Michael D Higgins might be “returned unopposed”, it also notes nominations for any election must be made by September next year.
It is mooted holding a presidential election coupled with between three to four referenda between October 11 and 25 next year.
More information is also needed on plans for a referendum to support a European patent court following Brexit.
Meanwhile, the Government today is expected to publish a draft national spatial strategy plan for development up until 2040. This plans for population growth across the five major urban area.
Following public consultation, a final plan will be drawn up in November.
A working group’s interim report on gardaí and issues surrounding their trade union membership will also be presented by Justice Minister Charlie Flanagan to colleagues.
