Dáil debates

Friday, 23 January 2015

An Bille um an gCeathrú Leasú is Tríocha ar an mBunreacht (Comhaltaí de Thithe an Oireachtais) 2014: An Dara Céim [Comhaltaí Príobháideacha] - Thirty-fourth Amendment of the Constitution (Members of the Houses of the Oireachtas) Bill 2014: Second Stage [Private Members]

 

10:45 am

Photo of Mick WallaceMick Wallace (Wexford, Independent) | Oireachtas source

While the Whip system is not actually enshrined in our legislation, we see here that in practice it disincentivises questioning or criticising the status quo. Democratically elected representatives' principal relationship should be with the electorate rather than with the views of the party leadership. The example of the German system is worth noting in this regard, as it allows for parties to adopt a joint position on issues while also permitting individual MPs the right to deviate from the party line without fear of expulsion from the party. The amendment proposed by Deputy Mathews would help make our system more open and democratic, and as such I fully support it.

However, the real issue we should be examining is the much larger question of what, if anything, should constitute a question of conscience. Unfortunately, in Ireland the term "issue of conscience" is used more often than not in the context of sexual and reproductive rights, a result of the severe hangover still felt due to our repressive Catholic past. We have still not achieved a meaningful separation of church and State. We do not have to look too far back to find examples of this, namely the Eighth amendment of the Constitution. Although we are legally bound by a number of international human rights conventions, the fact that sexual and reproductive rights remain constrained by our Constitution is a disgrace. Article 8 of the European Convention on Human Rights states that, "everyone has the right to respect for his private and family life, his home and his correspondence".

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