Dáil debates

Tuesday, 25 June 2013

An Bille um an Dara Leasú is Tríocha ar an mBunreacht (Deireadh a Chur le Seanad Éireann) 2013: Céim an Choiste agus na Céimeanna a bheidh Fágtha - Thirty-second Amendment of the Constitution (Abolition of Seanad Éireann) Bill 2013: Committee and Remaining Stages

 

9:10 pm

Photo of Catherine MurphyCatherine Murphy (Kildare North, Independent) | Oireachtas source

Tairgim leasú a 13:

I gCuid 1, leathanach 13, líne 47, “tríocha” a scriosadh agus “caoga” a chur ina ionad.

agus

I gCuid 2, leathanach 33, líne 32, “thirty” a scriosadh agus “fifty” a chur ina ionad.
I move amendment No. 13:
In Part 1, page 12, line 48, to delete “tríocha” and substitute “caoga”.

and

In Part 2, page 32, line 34, to delete “thirty” and substitute “fifty”.
This amendment refers to impeachment of a President. The point of tabling these amendments was to demonstrate that certain deletions were beyond the proposal for the abolition of the Seanad as people strictly understand it. There is a world of difference between 30 Members in the Seanad or 30 Members in the Dáil being enabled to do that. In my view that number should be increased as a safeguard. These safeguards were included for very good reason. For example, in a Yeats poem, every dot and comma has a purpose and it is the same for the Constitution which must be read in harmony.

Amendment No. 14 proposes to delete Article 27 which received some attention at the weekend. My amendment No. 15 also proposes a safeguard. This Government would not even have to rely on agreement from the Opposition as it would have sufficient numbers to remove a High Court judge because two thirds is lower than the number of Government Deputies. We are supposed to protect the separation of powers. There is a risk in not looking in considerable detail at the kind of consequences and the kind of safeguards we should consider in the context of the abolition of the Seanad.

I supported Second Stage of this Bill. I agree with a unicameral system in the context of proper Dáil reform and a decent local government system. The problem is we are putting the cart before the horse all the time and we are not considering adequately the kinds of safeguards that were thought out in considerable detail back in 1937.

There are things in the Constitution which I would prefer were not there or which I would prefer were in a different form. I would prefer if other things were included. However, if we propose to change the Constitution, the proposed change must be given the kind of consideration it deserves. It is offensive that tonight we are taking a cursory glance at a few amendments. Other amendments have been ruled out of order and the Bill did not receive anything like the necessary scrutiny. I think the referendum will pass but note should have been taken of the approach in the debate on the inquiries referendum legislation in the House. The Government has not learned the lesson. It is taking a cavalier approach to the Dáil and the Constitution.

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