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'Let the public decide': What's happening with all these referendums promised by government?

Referendums on “women’s place in the home” and “blasphemy” were included in the Programme for Government.

File Photo Enda Kenny today becomes Fine Gael's longest serving Taoiseach Leon Farrell / RollingNews.ie Leon Farrell / RollingNews.ie / RollingNews.ie

For an amendment to be made to the Irish constitution, a referendum must be held.

In the Programme for Government, the Fine Gael-led minority government pledged to hold a number of referendums during its term on a variety of topics.

To date, however, we have no date set for any referendum.

So, with the government just after celebrating its first year, TheJournal.ie had a look at the progress (or lack thereof) being made on the promised referendums.

The Eighth Amendment

The issue that presented itself most often for debate in the last few years is the Eighth Amendment of the constitution, guaranteeing the right to life of the unborn.

Despite its dominance in public discourse, the Programme for Government mentions the Eighth Amendment only once:

We will establish a Citizens’ Assembly, within six months, and without participation by politicians, and with a mandate to look at a limited number of key issues over an extended time period.
We will ask the Citizens’ Assembly to make recommendations to the Dáil on further constitutional changes, including on the Eighth Amendment.

As we have seen, the Citizens’ Assembly considered the issue of the Eighth Amendment at length and decided that legislating for abortion is something that the Oireachtas must do.

citizens assembly Citizens' Assembly chairperson Mary Laffoy at the recent vote on Eighth Amendment recommendations. Sam Boal / Rollingnews.ie Sam Boal / Rollingnews.ie / Rollingnews.ie

In other words, the government set up the Citizens’ Assembly to provide it with recommendations on what should be done and, while the assembly did indeed make a number of recommendations, those suggestions will require the government to act on them.

However, if we were to take the government on its pledges in the Programme, it never explicitly said it would hold a referendum on the Eighth.

Recent statements from across Fine Gael and Fianna Fáil show that there’s little willingness from these parties to provide their own views on the matter, and a lack of political will to tackle the issue head-on is a criticism made by both pro-life and pro-choice groups.

In perhaps the best indication to date, Tánaiste and Minister for Justice Frances Fitzgerald has said that said a referendum on the Eighth Amendment on the Constitution should be held next year.

Blasphemy

In the Programme for Government, pledges were made to hold referendums on Article 41.2.1 on a woman’s life in the home and Article 40.6.1 on blasphemy, among others.

In case you’d forgotten, the Defamation Act 2009 prohibits the utterance or publication of “blasphemous matter”. As for what constitutes blasphemy, the legislation defines a person as saying or publicising “blasphemous matter” if:

He or she publishes or utters matter that is grossly abusive or insulting in relation to matters held sacred by any religion, thereby causing outrage among a substantial number of the adherents of that religion, or
He or she intends, by the publication or utterance of the matter concerns, to cause such outrage.

This topic hit the news again just this week, after it emerged that a complaint had been made to An Garda Síochana about comments made by TV presenter and writer Stephen Fry on an RTÉ show.

During the show, Fry told host Gay Byrne that he believed God is “quite clearly a maniac, an utter maniac, totally selfish”.

Speaking on the matter, Health Minister Simon Harris called Ireland’s blasphemy law “silly” and said he’d like a referendum on the issue in the near future.

So when is a referendum likely to happen?

We asked the Department of Justice, who had this response:

Preliminary consultations and preparatory work have been undertaken. Further work will be necessary to prepare a Referendum Bill and a Bill to amend the current legislative provision for the offence of blasphemy (contained in the Defamation Act 2009), dependent on the priority and time frame to be decided by Government.
A decision on the scheduling of the blasphemy referendum will be made by Government in the light of its Legislative Programme, subject to completing the necessary further consultations and preparing the necessary Referendum Bill and the accompanying amending legislation regarding the statutory offence of blasphemy.

So, we can glean from this statement that no date has been set and is unlikely to be anytime soon, given the “further consultations” required and the necessary referendum bill to be drafted.

And what about the referendum on “women’s place in the home”?

Article 41.2 of the constitution states:

41.2.1° In particular, the State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved.
41.2.2° The State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home.

As this document points out, reports as far back as 1993 have recommended that this provision of the constitution be deleted or amended.

The UN Human Rights Committee concluded that the law “perpetuates traditional attitudes toward the restricted role of women in public life, in society and in the family”.

It likely that we’ll be getting a vote on this? There is a bit more surety here, but no hint of a timeframe from the government.

The Department of Justice told TheJournal.ie: “There is a commitment in the Programme for a Partnership Government that a referendum will be held on this provision.

Taking account of this, proposals will be brought forward, for the Government’s consideration, for a Bill to amend the Constitution.

Other promised referendums, on topics such as a Universal Patent Court and constitutional standing for the Ceann Comhairle are also yet to make significant progress.

We will almost certainly have a referendum on whether the Irish abroad can vote in presidential elections, following an announcement from the Taoiseach, but, again, no date has yet been set.

Read: This government is a year old but what has it actually achieved?

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25 Comments
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    Mute ...
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    Jul 29th 2016, 4:12 PM

    Go on home to your sexy wives !

    178
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    Mute Yeah Ok
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    Jul 29th 2016, 4:13 PM

    If the Swedish government need someone to go over to Sweden and have lots of sex with lots of sexy blonde Swedish women I’m game. Willing to do my bit to help the world.

    151
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    Mute Peter Fechter
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    Jul 29th 2016, 4:06 PM

    I think Sweden might just have bigger fish to fry than Coitus right now…and for many years to come….

    121
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    Mute Sue
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    Jul 29th 2016, 4:10 PM

    There is probably a lack of consensual sex going on in fairness.
    But at least society isn’t too white anymore! Yucky Caucasians!

    97
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    Mute Wayne O'Fathaigh
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    Jul 29th 2016, 4:17 PM

    It’s funny I spend half the year surrounded by Approx 1,500 Swedes and none of them seem to think they have the issues you regularly highlight! Maybe living there they know something you don’t

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    Mute Beachmaster
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    Jul 29th 2016, 5:05 PM
    40
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    Mute Roly Burkinshaw
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    Jul 29th 2016, 7:11 PM

    Plenty of sex going on …if being held down in an ally and gang raped by 6 Muslims counts ??

    37
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    Mute Dan Wikström
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    Jul 29th 2016, 10:41 PM

    We’re to busy having our coffee breaks (Fika) and judge people who earn more than us. And wish someone else would do something about it.

    6
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    Mute sean byrne
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    Jul 29th 2016, 4:08 PM

    No sex please, we’re multicultural.

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    Mute Alois Irlmaier
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    Jul 31st 2016, 3:51 AM

    Multiculchies you mean?

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    Mute Methodical Insanity
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    Jul 29th 2016, 4:46 PM

    Might have something to do with the fact that they’ve spent decades demonising traditionally “masculine” behaviour and possibly even broken the native Swedish men to the point were they’re probably afraid they might be considered a sex offender for daring to so much as even flirt with a woman. Meanwhile, they’ve imported an actual real life rape culture, let it run wild and free, and done everything in their power is done to cover this up. There seems to be plenty of sex happening in Sweden. It just isn’t consensual and Swedish men aren’t usually getting any.

    87
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    Mute Dan Wikström
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    Jul 29th 2016, 10:42 PM

    Call me feminine again, and I swear I will hit you with my handbag. Behave.

    19
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    Mute Joey_Westland
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    Jul 29th 2016, 4:16 PM

    If you’re talking about sex then you’re not getting any.

    80
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    Mute Tommy Gunn
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    Jul 29th 2016, 4:27 PM

    The imported enrichers are having loads of “sex”with local Swedish women

    62
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    Mute Dave Smith
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    Jul 29th 2016, 4:57 PM

    Sweden has broken their men , they are ladyboys now compared to their Viking heritage. Maybe their women are hoping to get some action from the new invaders?

    61
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    Mute Larissa Caroline Nikolaus
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    Jul 29th 2016, 4:09 PM

    So, does the Swedish government want to encourage its citizens to have more sex? if so, I wonder how they’ll go about that.

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    Mute Gerry with a J
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    Jul 29th 2016, 4:39 PM

    I’d imagine they’ll just do what our government do to us and f*(k them when they’re least expecting it.

    79
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    Mute Joey_Westland
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    Jul 29th 2016, 4:40 PM

    Tax incentives.

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    Mute Alois Irlmaier
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    Jul 31st 2016, 3:48 AM

    No, it will be an excuse to add more migrants to their population?

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    Mute Winston Smith
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    Jul 29th 2016, 4:22 PM

    Swedish Blondes having less sex!!! I think the country needs more Psychiatrists for the male population.

    44
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    Mute Matthew Whelan
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    Jul 29th 2016, 4:37 PM

    There just worried if they’ll be a minority in 40 years to come!

    44
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    Mute Cillian McCormick
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    Jul 29th 2016, 4:13 PM

    But their wives are so sexy.

    43
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    Mute Les McQueen
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    Jul 29th 2016, 4:43 PM

    Until they become your wife….

    58
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    Mute Aidan Holland
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    Jul 29th 2016, 5:57 PM

    I actually find this incredibly sad men in Sweden now are probably afraid to talk to woman due to the radical feminist movement in that country. The one bright spot is there a new kind of men in Sweden now and believe me girls they wont take no for an answer

    39
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    Mute John Ward
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    Jul 29th 2016, 5:50 PM

    Swedes eh? Well, that’s a turnip for the book!

    28
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    Mute Dan Wikström
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    Jul 29th 2016, 10:43 PM

    Radish-ing news, isn’t it? :o

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    Mute Alois Irlmaier
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    Jul 31st 2016, 3:47 AM

    I’m thinking of melons now after that…

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    Mute Dan Wikström
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    Jul 29th 2016, 10:37 PM

    Swede here! I’m not sure this article is entirely true. I have sex constantly.
    I wish I wasn’t alone when i do, though. :/

    27
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    Mute Jack Bowden
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    Jul 29th 2016, 6:15 PM

    I’m no sociologist but I think when electricity becomes available in a country the birth rate plummets 20 to 30 years later. Education and contraception are the main reasons but people sitting around watching television and on computers instead of having sex doesn’t help.

    27
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    Mute Joey_Westland
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    Jul 29th 2016, 5:33 PM

    Tyrn off the Red Light probably has something to do with it.
    And feminists.

    21
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    Mute Patrick Gough
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    Jul 29th 2016, 5:41 PM

    If it’s a jailable offence to have paid for sex I’m not surprised nobody is taking a chance

    15
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    Mute Alois Irlmaier
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    Jul 31st 2016, 3:44 AM

    Plenty are still doing it here…

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    Mute Garreth Byrne
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    Jul 29th 2016, 7:25 PM

    In some countries of Western Europe there is too much sex and not enough babies born to maintain the population level. Some societies aren’t reproducing themselves and depend on continued immigration to keep the economy functioning. The Swedish Government should be taking a hard look at the birth rate.

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    Mute Austin Rock
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    Jul 29th 2016, 9:21 PM

    Or bring in millions of migrants.

    9
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    Mute Frank's Cat
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    Jul 30th 2016, 12:10 AM

    *Rolls up sleeves* Time to help our Swedish cousins…

    11
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    Mute Alois Irlmaier
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    Jul 31st 2016, 3:50 AM

    Sex with cousins, yikes…

    1
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    Mute Austin Rock
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    Jul 29th 2016, 9:20 PM

    probably will end up lowering the age of consent to 5

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    Mute Joey_Westland
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    Jul 29th 2016, 11:52 PM
    4
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    Mute Sean Walsh
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    Jul 29th 2016, 11:35 PM

    Down with that sort of thing

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    Mute Alois Irlmaier
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    Jul 31st 2016, 3:52 AM

    They can’t see what they are doing in the winter, then there is the cold and in the summer they can’t do it in sunlight?

    1
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    Mute Alois Irlmaier
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    Jul 31st 2016, 3:44 AM

    50 shades of Sweden?

    1
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