James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the Chairman and I thank Ms Justice Laffoy for her contribution to the Citizens' Assembly and note her legal career. I had the honour of appearing before her as junior counsel on one or two occasions and she was very patient with me at the time.

I refer to the recommendation of the Citizens' Assembly that Article 40.3.3° would be replaced, authorising the Oireachtas to legislate. I am somewhat taking off from where Deputy Hildegarde Naughton finished. In the event that the Legislature was free to legislate, some concern has been expressed that, given the nature of how our Governments are put together, which is by coalition, it could be that a particular party, be it small or large, might have the balance of power and that we could have large swings in the legislation depending on the power the party or individual would have. This leads into the theme around certainty. Was there any discussion on that and the possibility of a super majority of 55%, for example, or that Deputies would have a conscience clause inserted so that no Whip would be applied? This is about ideas around allaying those fears. For example, we had three elections in 1981 and 1982. We could possibly have three changes in legislation coming one after the other. It may be a little out of left field but I would like to tease the issue out.