Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

The motion before the House seeks our support for the establishment of a citizens' assembly to consider four issues. Those issues, as the Minister of State has identified, are, first, the eighth amendment, second, how we best respond to the challenges and opportunities of an ageing population, third, fixed-term parliaments, and, fourth, the manner in which referenda are held.

Fianna Fáil will be abstaining on this motion for a variety of reasons. The first reason is that we recognise that the issue of the impact of the eighth amendment is a matter that merits discussion and consideration. However, Fianna Fáil believes that because it is an issue of such sensitivity and complexity, it cannot be dealt with adequately by putting together 100 citizens in what is referred to as a citizens' assembly. We know the breadth of opinion on the issue in society and we believe that will simply be reflected in the citizens' assembly and we will not have the effect or result of any expert analysis as a result of a citizens' assembly looking at that matter. Dáil Éireann could do that matter just as easily.

What we had proposed in our manifesto was a judge-led commission to inquire into the eighth amendment. A judge-led commission would have been able to call and question persons with medical and legal expertise and would also have been able to call and listen to evidence from various interest groups. While the Minister may say the citizens' assembly will be able to do that also, the difference is that a judge-led commission can provide a cogent and coherent report which carries the weight of a member of the superior courts. A judge-led report could outline and provide the Oireachtas with a series of proposals and we could choose which to follow in respect of the eighth amendment. For that reason, a judge-led commission is the way to go on this particularly sensitive issue. A citizens' assembly will not be effective. A report produced by a judge in respect of the issue would be intellectually coherent and allow us to look at the options laid out and pick one.

Another reason Fianna Fáil is abstaining in respect of the motion involves the other issues the assembly will be asked to look at. The second issue relates to the challenges and opportunities of an ageing population. One must ask what, in effect, the 100 people chosen are being asked to do in respect of this matter. When they are randomly selected and included in the assembly, are they to come up with some proposal in respect of amending the Constitution? Are we asking them to come up with some proposal in respect of introducing new legislation or are we asking them to come forward with a policy on the ageing population in Ireland? It is very uncertain and unfair to ask a collection of 100 people to come up with proposals in respect of the challenges and opportunities an ageing population faces.

The motion also proposes that the citizens' assembly considers fixed-term parliaments. This has been given inadequate consideration. Are we asking the assembly to suggest an amendment to Article 13.2 of the Constitution in order that the power of a Taoiseach to seek a dissolution from the President should be removed? That is what would be required to introduce fixed-term parliaments. It is unfair to ask a group of 100 people to give us their general view on fixed-term parliaments as the discussion will simply be framed by how such parliaments have been introduced in England, notwithstanding that there is a completely different constitutional order in that country.

The fourth item the assembly will be asked to consider is the manner in which referenda are held. Again, it is a matter of cryptic uncertainty as to what is meant by that. Are we asking these people if they recommend amending Articles 46 and 47 of the Constitution which deal with the amendment of the Constitution and referenda? It is completely unclear what is being provided for in the motion.

The motion recognises that there will be 100 members of the citizens' assembly. One will be appointed by the Government while 99 will be randomly selected to be broadly representative of society. If we want people who are broadly representative of society, everyone in society should be included and not simply those entitled to vote in Dáil elections. It is not going to be broadly representative of society if it is going to be randomly selected from individuals who can vote in Dáil elections.

See this speech in context