Finian McGrath (Dublin North Central, Independent) | Oireachtas source

I thank the Ceann Comhairle for the opportunity to speak on this new and radical legislation, the Thirty-fourth Amendment of the Constitution (Members of the Houses of the Oireachtas) Bill and commend and thank Deputy Peter Mathews on bringing it forward. The Bill sets out a clear vision for the Dáil and, above all, for the people. It is about vision, reform, real democracy and respect for difference and diversity. Above all, it is about creating space for different views and about making this House and the broader political area more inclusive and democratic.

Before I go into the details of the Bill, I remind the Government and all Members that one of the reasons so many people and citizens are disillusioned and fed up with bad politics is because of the absence of this type of legislation. Who is afraid of reform, of change and of letting people make decisions on the basis of conscience? These are the questions I put to the Government and this is what this debate is about. We need to focus on that.

The purpose of the Bill is to effect an amendment to Article 15 of the Constitution, by inserting a new section 16 which will provide that all Members of both Houses of the Oireachtas shall be representatives of the whole people, not bound by orders or instructions, and responsible only to their conscience. It is important we look carefully at the detail of the wording proposed by Deputy Mathews. The Members of each House of the Oireachtas shall be "representatives of the whole people, not bound by orders or instructions, and responsible only to their conscience". I would emphasise the words "representatives of the whole people" and "conscience".

The Bill also deals in a strong and effective way with ending the abuse of the whip system, which erodes and undermines parliamentary democracy. We all need to reflect on this focus of the legislation. This would bring a new direction and should be part of any democratic reform or new vision for the country. The Bill is based on the German model and I will go into more detail on the significance of that later. There are ample examples of other countries where this approach towards the Whip system has worked. We have seen how this works in the House of Commons, on issues like the war in Iraq, we have seen it operate in the Netherlands and in New Zealand, where it has operated since 1891. We have also seen it operate in Australia.

The proposed section 16 will provide that all Members of the Dáil and Seanad shall be representatives of the whole people, not bound by orders or instructions, and responsible only to their conscience. The issue of "conscience" is important. Many of us have political differences. I have political differences from Deputy Mathews on some issues, but I will always defend and respect the right of everybody to decide on issues based on their beliefs. I have major conscience issues with regard to the silence of many people on issues such as the fact disclosed this morning that 135,000 children are living in dire poverty in this State. I also had a major issue of conscience when the Government cut the respite care grant by 19% for people with an intellectual disability. I have also major concerns when I see young sick children being denied a medical card or when I see children with disabilities being excluded. These are all issues of conscience and it is important we point that out in this debate.

I support this legislation and commend Deputy Mathews on its introduction. The Bill is about respecting democratic principles, reform and freedom of conscience. Above all, it is about respecting and enjoying the differences and diversity of our citizens.

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