Mrs. Justice Catherine McGuinness:

We need to look at the way other constitutions in other jurisdictions work such as the constitution of South Africa, for example, in which Mr. Kader Asmal - who was long here in Ireland - played a big part in drafting. He had experience of the Irish Constitution when he lectured in Trinity College Dublin on law. I was a student of his at one time. They put a right to housing into their constitution and to an extent it was enforceable in that the Supreme Court in South Africa directed certain ways in which the money that was to be given to housing was to be divided by the Government. To a degree there was an enforcement of a socio-economic right like that.

We are used to what is called the common law system, as I am sure the Deputy is aware, which is basically in Britain, in Ireland and in many countries that were formally British colonies such as Australia and Canada and so on. Canada would be the nearest to having a constitution that would enforce certain socio-economic rights. That would be Canada and South Africa. To an extent it has been effective. Provided one had a Supreme Court that was willing to move in that direction something like that might be achieved.

What concerns me is that the division of power is such that the Supreme Court itself will decide whether or not it is going to enforce socio-economic rights and it is not for us to decide that. Generally we have not done that. It is difficult because to try to embark on that means that one is directing the Government how it spends taxpayers' money. The taxpayers themselves might not be all that appreciative of the idea of a set of lawyers sitting up there, who have no skin in the game, directing how taxpayers' money is going to be spent. The tradition is that politicians are responsible for that, and it is a very responsible task that takes a great deal of thought. Members themselves know how difficult it is.

Members could always look at parts of Article 45 that might inspire them if they wanted directions in which to go. I was going through the Constitution - as the question was raised - and Article 45.2 states, "That the ownership and control of the material resources of the community may be so distributed amongst private individuals and the various classes as best to subserve the common good." It might give rise to some thought, even in a country where it appears that the difference between the wealthy and the poor is growing. That is nothing to do with what I was supposed to be talking about; I am just being evil.