Colm Keaveney (Galway East, Labour)

The constitutional convention was one of the key pledges in the Labour Party manifesto prior to the general election. It is somewhat satisfying to see it being progressed. Many of the items for consideration by the convention are to be welcomed and, in particular, the call by our party leader, the Tánaiste and Minister for Foreign Affairs and Trade, Deputy Eamon Gilmore, for the inclusion of equal marriage rights for same-sex couples was most welcome. However, it must be recognised that the proposed agenda for the convention is just a starting point. It is hoped that in the future we can be more ambitious with the kind of constitutional reform that could be considered by the State.

Last week, along with several other Deputies, I met representatives of the Lagan Brick workers who are caught up in Ireland's longest-running industrial dispute. They are struggling to find an industrial resolution to their dispute partially because our current laws do not compel employers to engage directly in talks. It is my understanding that there are constitutional difficulties about forcing employers to engage directly with employees. The Constitution prevents the Labour Court making determinations that are binding on employers. These difficulties and others largely relate to overly strong protection given to property rights in the Constitution. I am not calling for the abolition of private property but the convention could provide the opportunity to explore property rights for many social and economic goods. We should regard this as an opportunity to rebalance property rights in line with the needs of the economy and, in particular, with regard to social and economic justice. The above issues do not appear to be on the agenda for the constitutional convention. Other issues such as the equal marriage rights for same-sex couples will encounter a certain amount of opposition, some of which will be strong and perhaps even unpleasant. However, if one wants to see the powerful opposition which is driven by vested interests, then one need only look at the issue of property rights and how their rebalancing would be addressed.

I call on the Government and the House to more ambitious in setting the agenda for the constitutional convention. I suggest an open and transparent debate and certain issues should not be smothered by silence.

See this speech in context