Brian Cowen (Laois-Offaly, Fianna Fail)

The Deputy has just given some good examples of the benefits of a written constitution over an unwritten constitution. I prefaced my reply to Deputy Allen who has a strong interest in this area, by saying that we need a balanced and reflective debate. I am not in any way shy nor am I to be unpersuaded about how we can move from where we are at the moment as a result of the Abbeylara judgment. However, I believe it will require very careful consideration in order to meet constitutional proprieties. I believe in accountability and as the Deputy has said we do not want lynch mobs. In the white heat of political controversy here I have seen attempts in this Chamber to organise a lynch mob which had to be stopped by people going to the courts to ensure it did not proceed. At that time many in the House suggested that was a very fair and proper way to proceed.

The point I am making is that having a judicial system that provides for recourse for individuals to ensure procedures are fair and consistent with the principles of natural and constitutional justice is an important protection both in terms of how we operate our procedures and for those who would be adversely affected in an unjust way or for individuals who might be brought before committees. I agree and would like to find a way through. However, it is not as simple as saying that because we have the Abbeylara judgment we should introduce a constitutional amendment that dismisses the rationale behind that decision and proceed from there. I do not believe that would bring about just or fair operations either. It is not a question of me not being open to listen to how we can proceed. However, certain constitutional protections and proprieties need to be factored in.

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