Brian Cowen (Laois-Offaly, Fianna Fail)

That is perhaps where we have a different approach. I do not subscribe to the view that because a difficulty arose, one should provide for a constitutional amendment to get over that difficulty and allow the Deputy to proceed as he wants, given the fact that the Supreme Court has outlined quite clearly that there are serious constitutional issues involved. One would hope every individual in this State has a right to defend his or her good reputation. If may often be felt that to meet a populist view on some issue, the right should be disregarded so that people can say what they like. We have rights of privilege in the House, so there are opportunities for people to use them in order to make certain statements here, but not to abuse that privilege.

We need a balanced debate that factors in the constitutional position because it is the Supreme Court that decides and interprets it. Whether we like it or not, that is the position. When it comes to individual rights, particularly regarding principles of natural and constitutional justice, people should be very slow to change that balance. One of the important features of the Constitution is that it has a doctrine of unenumerated rights and principles of natural and constitutional justice, which are adhered to and jealously protected by the Judiciary for citizens' benefit equally before the law.

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