Seanad debates

Thursday, 12 September 2002

An Bille um an Séú Leasú is Fiche ar an mBunreacht, 2002: An Dara Céim. Twenty-sixth Amendment of the Constitution Bill, 2002: Second Stage.

 

The Nice treaty is a compromise, as all treaties on Europe have been. As has been pointed out, every treaty since 1972 has been passed, with one exception. It is interesting to look at the reason Ireland is holding a referendum on this matter. It was the Crotty judgment in the Supreme Court that started this process. The Government in 1972 acted as it did because it believed it was right and proper to do so, although it had no constitutional obligation to act as it did. However, on all treaties, since the 1987 Single European Act, the people must be consulted. Mr. Crotty was and remains a champion of the people. He took a courageous decision against the establishment at the time, whether or not one agreed with what he did. The Supreme Court found in his favour and, as a result, Governments subsequently are legally obliged to put issues relating to amendments to the Treaty of Rome before the people. I wonder what Mr. Crotty would think today of a country that opts out of that sacred responsibility, or at least 65% to 70% of the people opted out. Less than one in five of the electorate – 17% – rejected this treaty. The rest of the electorate chose to stay at home, as is their right. It is the old story, as those who have campaigned in elections know. There is not much point in somebody who has been asked to cast a vote complaining later on if he or she did not vote. That is what democracy is about.

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