Seanad debates

Tuesday, 20 November 2007

3:00 pm

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)

I support the call by Senator Frances Fitzgerald and others regarding the rights of children and the proposed referendum. Substantial work has been done in this area, which I fully support. I chaired the Oireachtas All-Party Committee on the Constitution, which made a unanimous decision on the matter. I ask the Leader for a debate and perhaps to convey to the Minister for Justice, Equality and Law Reform and the Cabinet that the wording of such a referendum is critical.

Historically, we have had bad experiences when referenda were rushed on sensitive issues. We have one bite of the cherry and everybody in this House and the Dáil is aware of the importance of the issue. It is important there be all-party consensus on the approach. If the wording is wrong we will need another referendum to correct the first. I sound that note of caution today.

Two or three weeks ago I called for a debate on the fishing industry and the Cawley report and I am delighted to see this on tomorrow's agenda.

With regard to the tribunals, I do not question the propriety of Senator Regan on the points he raised. I have a deep-rooted feeling the type of approach successive Governments have had to the issue of tribunals has been inappropriate. The processes are cumbersome, pedantic and very costly. Another mechanism should be sought.

I remind the Leader and the House that on this issue, the Law Reform Commission suggested another way forward. It was on the proposal of the Law Reform Commission that the previous Government decided to act. I do not believe anything sinister is involved as any legislation which is introduced, probably next year, cannot be made retrospective. A new method of dealing with the area of tribunals should be found. I have a very pessimistic opinion on what has taken place in recent years.

There were two tribunals in my lifetime, dealing with the Whiddy and Stardust disasters, respectively. Such a substantial loss of life deserved wide-ranging public tribunals. Current tribunals are not achieving what they set out to achieve. A new way forward must be found.

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