Jerry Buttimer (Fine Gael)

It is with great pride that I stand here in the Upper House of the Oireachtas to pay tribute not only to those who drafted our Constitution 70 years ago, but also to those who have amended it. I refer not to the Judiciary or the Members and former Members of the House, but to the people of Ireland, who are enshrined as beholders of the sovereign power in the Constitution. Like Senator Harris I use this debate to make an earnest plea to the people who are preparing to become engaged in paramilitary activity to stop. When we voted to amend Articles 2 and 3, we, the people of Ireland, took a decision to turn away from the path of violence and war to the path of consent. I share Senator Harris's views on which I commend him.

Our Constitution is one of the oldest written constitutions. As the first former colony to win independence it is little wonder that it was seen as imperative to place power in the hands of the people, and have legislation subject to the control of a Judiciary sworn to uphold rights enunciated in and derived from a publicly ratified Constitution. Bunreacht na hÉireann is a significant human rights document which, in keeping with a modern and progressive state has seen amendments put, defeated and carried.

Some 70 years on the true value of our Constitution is obvious. Owing to the unique nature of the Constitution which sees the people as the source of authority, we are the only country in the EU that will hold a referendum on the Lisbon treaty. We in Ireland have a unique opportunity to hold a national debate on the pros and cons of our future within the European Union. We have had the opportunity to hold national debates on many occasions since 1942 when referenda have been held.

Each time the people vote in a referendum, democracy is strengthened. The debates and discussion held in the public domain make ours a vibrant and healthy democracy and emboldens our Constitution. I call on the Government to announce a date for the forthcoming referendum on the children's amendment and the Lisbon treaty, so that an informed and vibrant debate may begin. Sometimes people do not appreciate the importance of their role in referenda and occasionally turnout can be much lower than at local or general elections. While this may cause despair among many of us, the fact that people take time to vote and participate in debate on constitutional referenda is an indication of the high esteem in which the Constitution is held.

Earlier in the debate Senator Cassidy said, "In the European Union puzzlement is sometimes expressed about the reason Ireland holds referendums with relative frequency". I hope we, as a nation, follow and continue the procedure for amendment of the Constitution as provided for in Article 46. We have seen many attempts to amend the Constitution since its adoption. Controversial amendments have been dealt with, including topics such as the right to life of the unborn, divorce and the European Union.

I will always support the constitutional right to life of the unborn. It is important that we, as a democratic State, are not afraid to enshrine that right in our Constitution. It is important for us to take positions and stand true to values the Constitution attempted to establish from the outset. Even though we have changed and progressed in many ways, we should hold dear to ourselves values like the right to life of the unborn. It is worth pointing to Diarmaid Ferriter's description of the Constitution as not just a document reflecting the concerns of the mid-1930s but a reflection of values built up over the previous 15 years prior to its drafting.

I am impressed that bilingualism and the status of the Irish language in the State are recognised by the fact that the text appears simultaneously in Irish and in English. Where there are disparities between both languages, it is the text trí Ghaeilge that takes precedent. It is worth noting that Irish is enshrined as the first language in the Constitution and that should always be the case. Recently the Department of Community, Rural and Gaeltacht Affairs published the substantive and expansive study, Staidéar Teangeolaíochta, which shows that not only is the use of Irish in Gaeltacht areas in decline, but that within 15 years the Irish language might no longer exist in Gaeltacht areas at all. I call on the Minister, Deputy Ó Cuív, to act on the recommendations of the report. The failure to act so far has not been helpful and the lip service on the issue must be replaced by a proactive approach to the alarming disclosures in the study which could signal the death knell of our national language. Given that Éamon de Valera presided over the drafting of the Constitution which enshrined Irish as the first language of the State, we should have Irish as a living language. I hope the Minister will act on that.