The government is currently considering multiple constitutional referendums, including on housing, giving non-resident citizens a vote in Presidential elections, and more, Taoiseach Simon Harris has said.
In a Parliamentary Question by Sinn Féin leader Mary Lou McDonald this week, the Taoiseach was asked about the government’s plans for any future constitutional amendments.
VARIOUS PROPOSALS “UNDER CONSIDERATION”
“There are various proposals for constitutional reforms under consideration,” he replied, adding that some of the proposed changes “arise from the Programme for Government”.
He specified that these would include referendums on “housing” and “extending the franchise at presidential elections to Irish citizens living outside the State”, both of which the coalition parties committed to when the government was first formed four years ago.
“Others, such as the EU agreement on a Unified Patent Court, arise from existing legal requirements,” he added.
THE PATENT COURT REFERENDUM
The patent court referendum – which was originally supposed to be held on June 7th this year alongside the European and local elections – would seek to see Ireland transfer some judicial sovereignty in the area of patents to a new international Unified Patent Court.
This court would oversee and adjudicate patent disputes across all European Union countries who choose to recognise it, with its rulings on intellectual property being seen as binding across member states. To date, since June 2023, the court is recognised by 17 EU nations, with the Irish government hoping to make Ireland the 18th by way of referendum.
However, the referendum has now been pushed back to a currently undecided date, with the Taoiseach saying that the change will require more time to explain to the public.
“In respect of the referendum on the unified patent court, the Government has decided that more time is needed to ensure there is a full understanding of the issues at hand,” Harris said.
“Holding it in June would have meant that in Limerick, people would have ended up with four ballot papers on one day – one for a directly elected mayor, one for the European elections, one for local election and one for a referendum.
“The Government decided to defer that referendum. The Government and many in this House remain strongly in support of the Unified Patent Court, but the area of patents and patent law is complex and highly technical. It is not unreasonable, therefore, to take time to ensure a fuller understanding and teasing though of the issues.”
A REFERENDUM ON “THE RIGHT TO HOUSING”
Meanwhile, the Programme for Government commits the government to holding a “referendum on housing” – an idea which was previously explained by Housing Minister Darragh O’Brien in a 2020 interview.
eolas speaks with Minister for Housing, Local Government and Heritage @DarraghOBrienTD about his most immediate priorities and ambitions for housing in Ireland https://t.co/9zJkUUwzHN pic.twitter.com/L0oc1Whce1
— eolas Magazine (@eolasmagazine) November 27, 2020
Asked what a “referendum on housing” meant specifically, O’Brien replied: “It means just that.”
“We’re going to work on a proposal for a referendum around housing; the right to housing, and what that actually means,” he said at the time.
He added that there would be “simplistic” or “wilful misinterpretations” of the concept, and “those who will initially say ‘well, that’s crazy, as if everyone will have the right to keys to a house the following day’.”
“That’s not it,” he said.
Instead, he said that the government would seek to mimic measures seen in Scotland and Finland, claiming that these had seen a “really positive impact” in areas such as homelessness.
“…What I am going to do is bring all the stakeholders around the table and work on something that will pass,” he said.
“Straight away, there will be simplistic arguments about why this shouldn’t happen, so we have to prepare for that and make sure that we have something robust enough to actually pass muster.”
This proposal has also been called for by opposition parties, such as Sinn Féin, who said the government must hold such a referendum early last year.
Government must hold referendum on right to housing early in 2023 – Eoin Ó Broin TD@EOBroin https://t.co/LA9JEjA0E0 pic.twitter.com/DyNqNgT8E7
— Sinn Féin (@sinnfeinireland) January 4, 2023
A REFERENDUM ON EXTENDING THE PRESIDENTIAL FRANCHISE
Meanwhile, the government has also previously committed to a referendum which would extend voting rights in Irish presidential elections to Irish citizens living abroad.
“The commitment by the Government to holding a referendum to extending voting rights in Presidential elections to our citizens outside the State provides a real opportunity to engage all citizens around the world in our democracy,” said then-Foreign Affairs Minister Simon Coveney in 2020.
“It underlines the importance attached by the Government to making the Presidency an office which truly represents all the citizens of Ireland.”
This idea has also been welcomed by opposition parties, with Sinn Féin describing the idea as “a very positive step” that would “strengthen and enrich our democratic processes.”
“Once it is safe to do so, the Government should make holding a referendum on this issue a priority,” the party argued in 2021.
THEY’RE BEING CONSIDERED, WILL THESE REFERENDUMS HAPPEN?
In response to Deputy McDonald’s question this week, the Taoiseach said that these ideas were “under consideration”. However, he said that “no final decisions have been made on the timing.”
“I am conscious of the limited time before which a general election will be held next year,” he said, adding: “…No final decisions have been made on the timing of other potential constitutional reforms.”
McDonald replied that it was “unfortunate” that the referendum to extend the presidential franchise had been delayed for so long.
“I had intended to raise with the Taoiseach the issue of extending the franchise for the presidential elections because the Government has dragged its heels on that matter which is most unfortunate”, she said.