Dáil debates

Thursday, 3 April 2008

Twenty-eighth Amendment of the Constitution Bill 2008: Second Stage (Resumed)

 

2:00 pm

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)

Both systems have their characteristic strengths and weaknesses. Both often arrive at the same conclusion in resolving a particular legal dispute but both use different characteristic procedures and substantive legal rules to arrive at the conclusion and that is why there is a difficulty in this area. We must understand that we have a great deal to learn from civil law jurisdictions as they have to learn from common law jurisdictions and, therefore, we should not put ourselves in a dogmatic position on this issue. However, we should safeguard our vital interests and not leave the Taoiseach or myself having to have a major row with our European partners on a drafting matter. That is how I view the justice issue essentially.

Generally the treaty will make the Union more democratic, provide a more effective system of making decisions and ensure the rights of the Union's citizens are better protected, which is very important, especially if the rights, powers and competencies in the justice area are extended. Along with the competencies and powers given to police forces, a culture of respect for rights must be ensured. The charter will foster a culture of respect for rights in the Union. This is the key element we are putting into the European equation in this treaty and for that reason, and because it equips the Community to deal with the many challenges Europe faces, I am delighted to support the treaty.

We must vigorously campaign to secure a "Yes" vote. As a politician, I prefer field research. I am a great believer that politics is a flesh and blood business and, on the basis of such research, I believe at heart the people are sympathetic to this proposal but we must get them out to vote. That is the major task facing us over the next few weeks because there is a determined minority who like to wreck referenda on this subject. However, the broad mass of the citizenry understand what this is about. We must bring the information and the persuasion to the people and talk to them. It is a matter of engaging with them, addressing their legitimate concerns and explaining how this is good for Ireland and Europe and it is not a matter of dropping leaflets in letter boxes.

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