Colm Burke (Fine Gael) | Oireachtas source

I welcome the decision by the Government yesterday in regard to proceeding with the publication of the heads of the protection of life during pregnancy Bill. I agree with Senator O'Brien that it is important that there be a reasoned debate on this matter. I know some Senators, such as Senator Labhrás Ó Murchú, have very strong views and I very much respect those views. However, it is important to realise that in the 1983 referendum, the wording used was "guarantees in its laws to respect". It is interesting that in both the High Court, in the X case, and in the Supreme Court, Mr. Justice Costello, Mr. Justice McCarthy and Mr. Justice Finlay all referred to this point, and the argument was put forward that if the Constitution uses the word "laws", there is an obligation on the Oireachtas to establish laws. In that case, the defence put forward the argument that the courts had no power to deal with the matter because there were no laws enacted. That is what the amendment to the Constitution in 1983 provided, namely, that "the State ... guarantees in its laws ... to defend and vindicate that right ". We are now moving to put in place the proper procedure. The important point is that we cannot go beyond what the Constitution provides.

This is not a proposal to change the Constitution. It is to bring forward legislation which must stay within the confines of the Constitution. In January we had three very good days at the Oireachtas Joint Committee on Health and Children. I hope a similar opportunity will be given to people who have both middle-of-the-road and extreme views in order that all parties can be listened to in this debate before the legislation is finally enacted. It would not be appropriate for this House to have a debate while this process is proceeding.

I compliment Senator David Cullinane on making arrangements for the presentation today by the workers from Waterford Crystal. I also compliment the Leader. About two years ago I produced a proposal to ensure greater scrutiny of EU legislation within the House. I know that proposal has not been accepted. It is interesting, however, that workers had to go to court to establish their rights, for which I pay tribute to them. We need to make people aware of their entitlements under EU law, as well as Irish law. That is the reason a debate on the matter in this House is important.