Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I thank the Senator. I would point to the difficulties and challenges of finding an appropriate wording that would meet the needs of people like Senator Black who propose that the article be amended rather than replaced. I point to the fact that over the years the Supreme Court, when requested to adjudicate on aspects of our Constitution, has interpreted matters in a way that was perhaps unintended and that is a real challenge. As far as caring is concerned, my view is that it is better dealt with by the elected representatives, through policy, through the political process in campaigning and Governments being formed after elections and through reports of committees such as this. That is the best way to influence and formulate policy rather than inserting a rigid wording in the Constitution that may have unintended consequences. I go back to the experience of the eighth amendment and the difficulties that posed for society over a long number of years.

I am also firmly of the view that policy issues should be decided here rather than in the courts.