Dáil to discuss proposals for wide changes to constitution

The Government has not accepted a proposal from the Constitutional Convention that a range of economic, social and cultural rights should be enshrined in the constitution.

At a meeting yesterday, the Cabinet considered whether a number of specific rights including housing, social security, rights for those with disabilities, healthcare and language and cultural rights should be included in the Constitution.

It is understood that there were some differences between Fine Gael and Labour Ministers on the recommendations, which were made in the eighth report of the Convention, submitted to the Government last year.

The prevailing view at the meeting was that the proposals for constitutional amendments raised a number of difficult issues with the potential to involve the judiciary in political conflict over the spending of exchequer resources.

Debated in the Dáil

It is believed Taoiseach Enda Kenny expressed the view the proposals could result in the courts adjudicating on the allocation of public funds, and he advised against taking any steps that would conflict so directly with the separation of powers.

The issue will be debated in the Dáil today when the final three reports of the Convention are up for discussion.

In its eighth report, the Convention said economic, social and cultural rights (ESC rights) was the second of the two topics it had prioritised from the submissions received during 2013 following an extensive public consultation process.

“This is a multi-faceted issue involving complex philosophical, political, legal and practical issues dealing with a variety of rights, including housing, education and health,” said the report.

It said the Convention faced a difficult challenge to design an agenda which could do justice to the breadth of the topic and its implications over the course of a single weekend.

“The results of the ballot were clear with a large majority (85 per cent) of the members favouring changes to the Constitution in order to strengthen the protection of ESC rights. However, a sizeable minority (43 per cent) of Convention members recommended that the issue be referred elsewhere for further consideration of the implications of possible reforms.”