Dáil debates

Wednesday, 25 March 2015

An Bille um an gCúigiú Leasú is Tríocha ar an mBunreacht (Aois Intofachta chun Oifig an Uachtaráin) 2015: An Dara Céim (Atógáil) - Thirty-fifth Amendment of the Constitution (Age Eligibility for Election to the Office of President) Bill 2015: Second Stage (Resumed)

 

2:15 pm

Photo of Peter MathewsPeter Mathews (Dublin South, Independent) | Oireachtas source

I thank the Leas-Cheann Comhairle for affording me the opportunity, late in the day, to offer some thoughts on the subject of this debate.

Both Houses of the Oireachtas and Uachtarán na hÉireann comprise the law-making apparatus of this country. It is they which put in place laws on behalf of the people. I agree that the contribution of young people, regardless of age, is extremely valuable within society. However, we must not become over-enthused to the point of naivety because we are talking here about the Head of State, who is responsible for signing into law all the Bills passed by both Houses of the Oireachtas. The latter is a solemn representational responsibility. Uachtarán na hÉireann can call on the Council of State to assist him or her in considering and deliberating on particular legislation. He or she can also apply a brake in respect of certain matters. Any behavioural psychologist will confirm - based on evidence - that the ability to pause or reflect is sometimes not a trait which is evident in young people. However, that ability is important.

Even in the most historically long-lasting but what we would identify as primitive societies in parts of the globe that are underdeveloped in technical terms, the wisdom of the elders of the tribe or society is extremely important. There is a roundedness in life that comes with the effluxion of time and the racking up of experience. The experience of grandparents is very valuable to society. In most cases, one does not become a grandparent at the age of 21. There is great wisdom - both emotional and intellectual - in the experience of grandparents, which they garnered in the course of their working and family lives.

A situation could arise whereby a very powerful Government, such as that which is currently in office by dint of numbers, could decide that it was very important for the country to have a 21 year old President. It could harness all the resources of its constituent parties and these could call upon the expertise of their ordinary members, Oireachtas members and professional advisers in order to make that to which I refer happen. Such a course might not be wise. On January 27, Auschwitz commemoration day, a Private Members' Bill containing a proposal to insert a safeguard section into the Constitution was defeated. Said section related to the Members of the Oireachtas, which constitutes two thirds of the law-making triumvirate - the other one third being the President - of this country.

The 27 words in that proposed section, which were identical to article 38.1 of German basic law, was rejected only by the voted numbers of the Government parties. On Friday, 23 January, the day of the date, the Minister of State at the Department of the Taoiseach, Deputy Kehoe occupied the chair where the Minister, Deputy Kelly, now sits. The Minister of State spoke on behalf of the Government but he did not address those 27 words. The section provides that the Members of each House of the Oireachtas shall be representatives of the whole people, not bound by orders and instructions and responsible only to their conscience in this regard.

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