Brendan Howlin (Wexford, Labour)

I thank all the Senators for their thoughtful contributions. They have obviously reflected on this.

I have been reflecting on this matter for a long time, and I worked in the all-party committee on it. I will deal with the specific points raised as I realise people's thought processes are evolving. However, I ask them to start from the basis of respect for democracy and for the people's choice in selecting Members of these Houses. They should not be fearful that somehow the elected representatives of the people are so unworthy and flawed that they cannot be trusted to act fairly or impartially, as was implicit in some of the comments. There is almost a notion that we are so flawed that we cannot be trusted so we will leave it to the courts or tribunals or somebody else. However, the really accountable people are those who put their names on a ballot paper and are elected.

I am not suggesting that we trample on the separation of powers; in fact, it is the reverse. I am saying we should assert the separation of powers by giving to the courts what is for the courts, but not shrink from what is properly the purview of parliament, as has been the case for too long in this jurisdiction.