Dáil debates

Friday, 2 December 2011

An Bille um an Aonú Leasú is Tríocha ar an mBunreacht (An tUachtarán) 2011: An Dara Céim / Thirty-First Amendment of the Constitution Bill 2011: Second Stage

 

12:00 pm

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)

Mar a dúirt me i dtosach, is díospóireacht an-thábhachtach é seo. Tá sé mar chuid den díospóireacht náisiúnta atá riachtanach. Ba mhaith liom go dtiocfaidh tairbhe tábhachtach agus go n-athróidh rudaí mar thoradh ar na tuairimí atá nochtaithe inniu ag Teachtaí ar gach taobh. Tá sé mar bhunchloch againn go dtarlóidh díospóireacht chomh fairsing agus is féidir ag an gcoinbhinsiún. Is é sin an tuairim atá againn ar an taobh seo den Teach. Aontaímid go gcaithfear díospóireacht iomlán a dhéanamh ag an gcoinbhinsiún ar na rudaí tábhachtacha atá ardaithe ag na Teachtaí inniu. Níl an Rialtas ag tabhairt tacaíocht don Bhille seo. Táimid ag diúltiú díospóireacht eile ar an mBille sa Dáil as seo amach. Beidh seans againn na tuaraimí agus na prionsabail tá nochtaithe ag na Teachtaí inniu a phlé go hiomlán sa choinbhinsiún.

I am not critical of any of the amendments in the Bill. Rather, I remind the House that the Government has set its priorities for constitutional reform, that in the normal course of events the next presidential election will not take place until 2018 and that the proposed constitutional convention provides an appropriate forum for further reflection on the constitutional provisions relating to the nomination process etc. for the office of President. This is the key point and this is where the debate will take place fully and comprehensively.

The office of President is the highest office in the land and careful examination is necessary before any changes are made to it. In democracies where a non-executive president is Head of State, constitution writers have devised different mechanisms of choosing their president. In many countries the function is assigned to parliament without a direct vote of the people. We have a different system which provides for a direct vote of the people with a nomination procedure involving directly elected public representatives.

One might take the view that we already have a finely-tuned model of democracy, balancing the involvement of the electorate with that of elected representatives. However, I fully acknowledge that the role of the President has evolved in recent decades into one of increasing importance on the domestic and international stages. The role is being defined not only in terms of formal responsibilities laid down in the Constitution but also in terms of less tangible aspects. There is the sense that people see the presidential election as an opportunity to select as Head of State a person who reflects ideas and aspirations which best represent today's Ireland. Against this background, there may be an impatience that individuals whom people believe meet these criteria encounter barriers when they seek nomination for election to the office of President. The proposals in the Bill to broaden the nomination process could be said to reflect this impatience.

Constitutional reform has been hot and cold over the years. The previous Government had ample opportunity to bring forward legislation relating to the constitutional reform under discussion here. This Government has been in office for almost nine months and tangible actions have been taken not only in respect of constitutional reform but on political and electoral reform as well. The programme for Government commits to our introducing specific constitutional reforms during the lifetime of the Government. We have already had two referendums on judicial pay and Oireachtas inquiries. We plan to put other constitutional amendments to the people on children and the abolition of the Seanad.

The programme for Government outlines an ambitious programme for reform. It has committed to a radical overhaul of the way Irish politics and the Government works. We have cut the pay of the Taoiseach, the Tánaiste and Ministers. We have halved the cost of ministerial transport and we have outlined the provisions in new legislation being drafted at present that will effectively ban corporate political donations. We have cut the number of Dáil committees and we will provide incentive for greater participation of women in politics. Some months ago my colleague, the Minister for the Environment, Community and Local Government, Deputy Phil Hogan, introduced an Electoral (Amendment) Bill to the House providing for much needed electoral reform in three distinct areas. Now enacted, the legislation provides for a reduction in the number of Members of the Dáil, subject to the provisions of the Constitution, a time limit of six months for the holding of by-elections, and for reduced spending limits at presidential elections from €1,300,000 to €750,000 and for a reduction in the maximum amount that can be reimbursed to a candidate from €260,000 to €200,000. These lower limits were in place during the recent election.

It cannot be said then that this Government is averse to reform. In the case of the Bill before us, some of the proposed changes are technical but appear to have little practical impact while others give rise to differing views. To suggest that constitutional issues relating to the office of the President can be considered in the context of the constitutional convention does not reflect a lack of commitment to reform on the part of the Government in any way. Rather, it is a measured response. We should avail of the opportunity afforded by the proposed convention to go through these issues in fine detail. Then we will have the benefit of the deliberations in the convention before proposing any changes to an electoral process that will not arise in the normal course of events until 2018.

As Members are aware, various models for reviewing the Constitution have been used in Ireland and abroad. In Ireland, expert committees have been set up, comprising eminent individuals who have used their knowledge and experience to examine all these issues and to recommend change. There have also been political fora, including formal Oireachtas committees and informal all-party committees, to examine general constitutional reform and specific issues and to bring forward appropriate proposals for change.

The programme for Government provides for the establishment of a constitutional convention to consider comprehensive constitutional reform over a wide range of issues including the Dáil electoral system; a provision for same-sex marriage; amending the clause on the role of women in the home and encouraging greater participation of women in public life; removing blasphemy from our Constitution; and the possible reduction of the voting age to 17 years.

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