Dáil debates

Thursday, 2 June 2011

3:00 pm

Photo of Anne FerrisAnne Ferris (Wicklow, Labour)

I welcome the opportunity to debate an issue of fundamental importance, namely, reform of the Dáil. It is a subject on which much has been spoken but little action has been taken. This new coalition Government that has already accomplished so much in such a short period of time has its eyes set on reform. However, it is reform with more depth and substance to it than that offered by the current Opposition when in government.

It is also reform that will ensure people's voices are heard. This will be achieved through a range of measures, including setting up a constitutional convention which will, for the first time, have meaningful input from a range of stakeholders in how they view a 21st century constitution. The current framework is that of a1930s anachronism reflecting an ethos and a religious tradition that cannot be said to be representative of the people today. The substantive issues at which it will look, include amending the demeaning clauses on women, provision for same-sex marriage and the removal of blasphemy from the Constitution. It will also look at our electoral system to see whether it is fit for purpose and whether there should be a reduction in voting age. I look forward to the implementation of this convention and I hope an equal balance of men and women will be appointed. This is only fair as a reflection not, unfortunately, of the current Oireachtas but of a society where that 50:50 gender split exists.

Further commitments include reform of the parliamentary questions system. It is important the parliamentary questions system is extended to bodies under statute or funded by the State, as is proposed in the programme for Government. I, for one, am fed up tabling parliamentary questions to the Minister for Health and receiving replies stating, "this is a matter for the HSE". Thereafter, one might - only might - get a reply from it.

There are plans for the HSE to be reformed and responsibility returned directly to the Minister but it is still extremely frustrating. For instance, I am waiting for a reply to an important query regarding the distribution of diabetes paediatric services. This is after asking a parliamentary question and sending a letter to the HSE. Those concerned, constituents of mine in County Wicklow, cannot afford to wait and this is an untenable situation.

There is another matter on which I would like to touch briefly as it should go hand in hand with Dáil reform, namely, reform of the Judiciary. For too long the Judiciary has managed to hold itself aloft from talk of meaningful reform. The Judicial Council Bill, for instance, originally mooted over a decade ago has come to naught. I, for one, am very concerned by this. The history of judicial misconduct is not, fortunately, one of widespread corruption or gross incompetence. However, when misconduct has occurred and come to light, the consequences have been extremely serious. Most of us will remember the Brian Curtin affair and the appalling way that particular case was handled. He was not the first judge accused of gross misconduct and a GUBU-like list could be created detailing a somewhat desperate history.

Further meaningful reform must be addressed in this area and not least in the appointment of judges. As it stands, judicial nominees generally come from a wide and varied background - that of the wealthy middle-aged white man schooled in Clongowes Wood College all the way to the wealthy middle-aged white man schooled in Blackrock College. On 22 July of this year, a vacancy will arise at the end of a seven-year term for the Chief Justice of the Supreme Court. I suggest a woman could be considered for this post not simply because of the significance of having the first female Chief Justice but because there are so many candidates both inside and outside the Judiciary with vast experience they could bring to this position.

The Labour Party has always been a strong supporter of women's rights and the first female Attorney General was appointed by this Government. There is, therefore, no reason this Government cannot consider this appointment to the highest court in the land. After all, as it stands, there are but two women out of nine currently serving in the court, which is another disappointing reflection of Irish society.

I hope the separation of powers will be rebalanced by the end of this term of Government. The eyes of the Dáil have turned on the Executive for a rebalancing through its reform of this institution but those eyes must also look to the Judiciary to see that justice, in the wider sense, is truly done.

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