Dáil debates

Thursday, 15 September 2011

An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011 — An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011 — Second Stage

 

2:00 pm

Photo of Catherine MurphyCatherine Murphy (Kildare North, Independent)

I bought my first copy of the Irish Constitution in the 1970s and had a look at it this morning. It cost 20p and contained a leaf detailing the consequences of what was then the most recent referendum, which reduced voting age from 21 to 18. I bought it out of curiosity as I had voted for the first time, and I had become aware of the difference between being a citizen and a subject. The written Constitution espouses that and we must be very careful in deciding to change it; the change must be required and good. The parts of the Constitution containing solid principles will stand the test of time.

I have a serious concern about the speed with which we are dealing with this Bill, although not necessarily the principle of affording ourselves inquiries. There is a large number of new Deputies in this Dáil, as well as people such as myself having been on an enforced sabbatical for four years. They may not be as clued in on the debate from the past five years leading to this proposal. It is offensive that this debate is taking place only on the first week back, with a debate on democracy wedged in the middle. A democrat could only judge the guillotine on such debates as wrong.

A number of us attended a briefing yesterday in the Department and I thank the officials for that. We asked plenty of questions. We are looking for checks and balances in this legislation and further legislation, of which we saw the heads. The Oireachtas will technically have responsibility but we all know that will not be how it will work; the Government will hold the responsibility because of its significant majority. I would like to see some checks and balances in the legislation but they do not exist. The point was already made regarding Oireachtas committees not being inclusive, with Sinn Féin and Technical Group Members not being adequately represented. This, along with consistent guillotining of legislation, is a sign that we should be concerned about the process. The Government is asking us to trust that it is made up of the good guys. We must find a greater balance in the legislation and I will make my views known to the Minister in that regard.

It is our job not only to consider the positives, but also how this power could be abused. For example, a well-resourced interest group may seek an inquiry and although it may be of general importance, we as politicians would have to judge whether the matter is in the general interest. It is not always the same.

I am concerned that we will see a low turnout as people may be confused about the lack of checks and balances. This lack is the main concern and I am less concerned about the principle of the Oireachtas holding inquiries. My big concern is not with this legislation, which facilitates a referendum, but rather the second piece of legislation. The problem is that if we pass this legislation and the matter is approved by the people in a referendum, the process will become inevitable.

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