Oireachtas Joint and Select Committees

Wednesday, 18 October 2017

Joint Oireachtas Committee on the Eighth Amendment of the Constitution

Options for Constitutional Change

1:40 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael) | Oireachtas source

We have all had a lot of tedious discussions on this subject for the past few days and weeks, and there is still a lot to go. As the committee is aware, I was one of the people who preferred to have a vote on any procedural changes at the end, when we had discussed the entire issue, as the Citizens' Assembly did. However, in order to facilitate the ongoing cohesive nature of the discussion so far, I decided on balance that it was better to do so.

I do not accept Senator Mullen's criticism at all. In fact, he had an opportunity himself to raise all of the issues that he complained other people did not raise but he did not. For instance, he could have invoked the UN Convention on the Rights of the Child, which is not at all silent of the subject and gives myriad areas for him to pursue. Perhaps he will do that, and I hope he will, to ensure that the committee is not skewed, as he suggested. He could have invoked the charter for fundamental rights, which refers in a particular way to the issues under discussion here, and he did not. I would have thought that he would have done it as a matter of course in order to strengthen the case. He then would not have to accuse everyone else of being pro-abortion or whatever it was that he was suggesting. Incidentally, I am not in favour of abortion and have never been in favour of it but I realise that certain things have to be done from time to time to address the issues that have become contentious in our society. I have spoken about them many times in the past. I know that some people got very excited when I referred to some of those subjects but I assure the committee that I will continue to speak on those subjects, as is my right.

We have not decided to change the Constitution. We have decided to refer a question to the people. It is a decision that they alone must make. The decision we made tonight was to refer to the people a proposal not to retain it in full. The people can retain it in part or a replica thereof, whatever the case may be. That is their decision, not ours. The people will make the decision, presumably, on the basis of having heard all the evidence that is being made available. Our job is to test the evidence adduced at the Citizens' Assembly and to try to identify the basis on which the assembly came to its conclusions. Most if not all of the options have been discussed by others so far, and I do not propose to go through them all-----

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