Finian McGrath (Dublin North Central, Independent)

I am thankful for the opportunity to speak to this new Bill, the Electoral (Amendment)(No. 2) Bill 2012, which deals with selecting citizen members of the constitutional convention. At first I was excited about any proposal that would bring real change and reform to politics in Ireland. Sadly, on considering the details, it appears to lack real teeth and seems to be running away from many serious issues. For this to be meaningful and a success, we need the participation of all citizens around the country, and not just from a small selection of society.

It is important to highlight that the constitutional convention is a significant and worthy endeavour which, if thoughtfully executed, would provide an opportunity to address those areas of the Irish Constitution which have, over the past 75 years, been identified as in need for fine-tuning. A delicate balance must be struck between the meaningful reform of the weaker elements of Bunreacht na hÉireann and the protection of those portions of the Constitution that have provided a solid foundation for the realisation of the democratic, free and sovereign State that is the Republic of Ireland.

Any constitutional convention established must in its structures respect the essential balance between the imperative to reform and evolve in the document, provide the opportunity for the people to have direct input to such reform and recognise the areas in which the true strengths of Bunreacht na hÉireann lie. At the time of its drafting, enactment and implementation, this cornerstone of the Irish legal system was a revolutionary document that aspired to the development of a society based on the principles of social justice, equality and freedom. This was at a time when the dominant regimes of Europe were evolving into ever more oppressive states whose systematic curtailment of civil liberties and disregard for democratic principles ultimately led to the outbreak of the Second World War.

As imperfect as many elements are, Bunreacht na hÉireann embodies the spirit of independence and courageous, meaningful change, which must be honoured in any attempt to fundamentally reform it. One cannot throw out the baby with the bath water. Any proposed convention, if lacking ambition in its objectives and nuance in its approach to addressing the weaker elements of the Constitution, runs the grave risk of joining all previous constitutional reform committees and bodies in seeing its reports lie idle on the shelves of the State's libraries while once again reform takes a back seat to more politically desirable issues. These are important statements to make on the convention.

It is hugely disappointing that the remit of the convention is to be limited to the topics set out in the programme for Government. While this disappointment is not to be misconstrued as disagreement with the need to reform the areas for review set out by the Government in its proposals, the piecemeal and compartmentalised approach to be taken to the areas the convention will be mandated to explore indicates that the recommendations made are likely to be incomplete and ineffective due to the limited scope of the convention. When one looks at the detail of the remit of the convention, it deals with a review of Dáil electoral strategy, reducing the Presidential term to five years in line with local and European elections, giving citizens the right to vote in Presidential elections at Irish embassies, increasing the participation of women in politics and reducing the voting age to 17. The Dáil, Seanad, Presidential and local electoral systems do not exist in a political vacuum but rather comprise the unit under which occurs the democratic engagement between the people of Ireland and the local administration system and the Executive and Legislature organs of the State.

I agree with my colleague, Deputy Brian Stanley, with regard to the North. We must have a debate about the division of the country and a reasonable and calm debate about the conflict on the island. We must also have a reasonable debate on why the country is divided and why there is no need for it to be divided. We need to start to bring our people together. This is very important, which is why I am disappointed that Northern voters are constantly excluded from democratic positions on the island. If one speaks about a democratic republic, we must respect all traditions, Catholic, Protestant and dissenter.

I strongly believe the Seanad must be reformed but I am against its abolition. We can reform it and make it more democratic, but I like the idea of having a second Chamber with regard to democratic politics in the country. I accept the point about cost but with flexibility, vision, courage and the powerful energy of reform, we can do this and serve our country well.

Amending the clause on the role of women in the home and encouraging greater participation of women in public life needs to be examined very closely. The reference to blasphemy in the Constitution should be removed. The proposals to amend the provisions on blasphemy and the role of women in the home in the interests of encouraging greater participation of women in public life, while seemingly separate, in fact highlight the very weakness of the compartmentalised vision for change presented in the Government's proposals for the convention. The sheer unsuitability of such provisions and their inconsistency with the manner in which Irish society has developed and arguably existed until the 1930s, considering the significant contribution made by women to the revolutionary movements through which the State was born, derives specifically from the very narrow temporary religiously-focused nature of their content. I wish for this to be debated in very clear terms.

I strongly support those who advocate the need for a strong, participative convention. The Government should foster national ownership from the outset by establishing it through an open, participative, inclusive and transparent process, and it is very important to include these words. Of course resources must be made available to facilitate widespread and meaningful consultation. We must also deal with education and participation by members of the public, civil society and other interested stakeholders. We also need an open and transparent appointments process to ensure membership of the convention is balanced, representative and facilitates meaningful input by civil society organisations and those on the margins of society. I emphasise the need for those who are excluded to be included. An inclusive convention is something to which we should look forward.

A range of civic education measures should be undertaken to inform members of the public about the role, scope and potential outcome of the constitutional convention. We must also work closely with local and national media. Facilitating meaningful input by civil society organisations through this process must be a priority for the convention and we must examine this. We need a meaningful constitutional convention.

Knowledge and experience would benefit the convention in its deliberations and should be drawn from as wide a pool of experts as possible, including legal, political and community sectors. I come from the community sector. I do not want the convention to be taken over by academics and I warn against this. They have a contribution to make but I want to know what our citizens want and I want to ensure they are part of the movement for change in the country.

The list of topics presented by the Government should be expanded. The opportunity afforded by the convention to explore other potential issues for reform with regard to the Constitution should not be lost, including issues of electoral reform, equality, the family, economic, social and cultural rights and Irish unity. Members of the public should be provided with an opportunity to consider the recommendations of the convention and provide feedback.

I welcome the overall debate on this issue. There is a need for dramatic changes, but I wish to ensure the convention is as inclusive as possible. For me, the jury is out with regard to the involvement of politicians. I would love a people's convention to see what they feel, without the 33 politicians who will be directly involved. However, I do not like to exclude people, particularly people who represent the Unionist and Nationalist traditions in the North and I believe they will have two delegates. We must ensure the constitutional convention is participative, inclusive and meaningful.

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