Dr. Alan Tuffery:

I feel like a real minority today. We have talked a lot about minorities.

A constitution is the safeguard of the rights and liberties of every citizen. It is also the ultimate test of the law. However, a constitution is not unchangeable. We have been talking about possible changes all afternoon. It is organic. It reflects the changes of the views of the citizens, and we have seen that several times in recent years. It is important, I suggest, that all citizens should feel that the constitution is theirs and that they are not in anyway excluded by it; especially in the context of the aspiration we have been talking about of the unity of this island by consent, which is essential. Our Constitution reflects the fact that it was framed at a time when the Roman Catholic Church had great influence in all aspects of Irish life. I argue that in Ireland today, the specifically Christian elements of the Constitution exclude those citizens who do not subscribe to a religious belief. The numbers of those citizens are increasing, especially among the younger cohort. We have already heard mention of the results of the recent Northern Ireland census. There is a human right to freedom of religion and belief and a right not to be compelled to reveal one's beliefs in public. Two sections of the Constitution concern me. First, the Preamble, which sets the tone. It begins "In the name of the most holy trinity" and ends with "we acknowledge all our obligations to our divine lord Jesus Christ". That specifically excludes all non-Christians immediately. Indeed, it includes some Christians who are not in fact Trinitarians. Second, is the requirement for religious oaths for public office. The Constitution requires that the President, judges and members of the Council of State take a religious oath. In principle, this excludes those who do not believe in a monotheistic religion. In practice, it requires those without a religious belief to commit a hypocritical act as the first act associated with their office. That cannot be a desirable outcome. It is the business of the State to mediate between different interests and belief groups, tolerating as much difference as possible without privileging any group unduly. The way minorities are treated is a key test of a modern democracy. I suggest to the committee that the Preamble and the oaths relating to public office are both undesirable and unjustified and, in principle, privilege one set of beliefs over others.