Terry Leyden (Fianna Fail)

I welcome the Minister of State, Deputy Batt O'Keeffe, to the House. I thank the Leader, Senator Donie Cassidy for arranging this way of commemorating the 70th anniversary of the Constitution. There is nowhere it should be commemorated more than in this House which owes its very life to the 1937 Constitution and for which I thank Éamon de Valera.

I would like to begin by joining other Members in paying tribute to the fine speech last week by the Minister for Justice, Equality and Law Reform, Deputy Brian Lenihan, on the historical, legal and political background to the 1937 Constitution. It is both reassuring and inspiring to hear our Minister for Justice, Equality and Law Reform speak with such passion and knowledge on the cornerstone of our legal system. I recommend his speech be circulated to colleges and universities for study. It was a most enlightening and inspiring speech.

I also wish to remember the creator of the Constitution. The 1937 Constitution is sometimes called Dev's Constitution but it was when Éamon de Valera's vision was allied with the legal knowledge and drafting skills of the likes of John Hearne that this document came into being, a document which was all the more remarkable for its time in a Europe facing the rise of fascism.

On the 70th anniversary of the Constitution of Ireland, it is worth noting what makes our Constitution different from those of other countries. At a recent Council of Europe committee meeting I highlighted how the Constitution of Ireland makes explicit provision for the protection of the rights of unborn children by Article 40.3.3°. The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect and, as far as practicable, by its laws to defend and vindicate that right.

I made this point at a meeting of the Committee on Equal Opportunities for Women and Men, which was discussing a report on access to safe and legal abortion in Europe, to highlight to the sponsor of the report, Mrs. Gisela Wurm of Austria, the current position relating to abortion in Ireland, which is that the rights of the unborn have been specifically stated in the Constitution since 1983, when 67% of the Irish people chose to amend our Constitution. It is important that Ireland is represented on forums such as the Council of Europe. Ireland is not obliged to adhere to the recommendations of this report as it is not a legally-binding document. However, it is an indication of the direction in which Europe is going in this regard. The report recommends that abortion should be decriminalised in any country which has not done so already. It guarantees women's effective exercise of their rights to abortion. Legalised abortion is permitted in 80% of Europe and we and some other European countries stand alone. It is important to realise the meaningful nature of the Constitution. I quoted the subsection to the meeting in Strasbourg two weeks' ago. A further meeting will be held in Paris to discuss this report and I will oppose it as will the delegates from Ireland at the session next April in Strasbourg. It is against the interests of women that abortion would be provided. I do not wish to become bogged down in this issue but it is relevant. That report is now before the Council of Europe.

Article 40.3.3° is a specific right but as previous speakers have said, an important feature of the Constitution of Ireland is the existence of unspecified rights which have been recognised by the Judiciary, for instance, the right to bodily integrity. This broad interpretation of the Constitution is possibly one of the reasons the State has been held to have infringed the European Convention on Human Rights a lot less frequently than some of our European neighbours and has one of the best records on human rights of any country in the world.

The people of Ireland have adapted and improved an excellent document over the course of its 70 years to ensure the rights of all people are respected. In 1937 the Irish people enacted de Valera's Constitution. It has since been studied the world over and inspired the drafting of constitutions of other countries. We have also shown willingness, even eagerness, to constantly improve the document. This, combined with refinement of the interpretation of the Constitution by the Judiciary, means that while the document was ratified by an admittedly narrow margin, it still represents the Irish people and the Ireland of today. For example, it is thanks to the enshrining of the sovereignty of the people in the Constitution that alone among European Union members we have the privilege and responsibility of holding a referendum on our future in the European Union. Before the idea of a European Community was even conceived, the drafters of the Constitution realised the need to ensure the people were granted the ultimate power to enter into international agreements. Thanks to their foresight the sovereignty of the Irish people cannot be undermined by the State entering into alliances with groups of other countries without, in most cases, being compelled to consult the people by referendum.

As Senator Regan indicated, it is the interpretation of the Constitution by the Supreme Court which gives character and meaning to our democracy and it is reassuring to see this guardian of the Constitution vindicating people's collective and individual rights. It is, for example, the decision in Crotty v. An Taoiseach in the context of European integration which has meant that five times in recent decades the people had a direct say in their country's participation in European co-operation. Thanks to the provisions of the Constitution and their interpretation nobody can claim that Ireland suffers from a democratic deficit in European affairs.

As spokesperson on European affairs I will urge a vote in favour of the Lisbon reform treaty but I will urge primarily a considered debate on the matter and a large, representative turnout in the referendum. With in excess of 4 million people we have a great responsibility to decide the future of Europe's 500 million people. It is an enormous responsibility and I am delighted we have that opportunity. Whether the referendum is in June, September or October, it is vital that every individual is contacted or canvassed and involved in the debate on this issue. If we do not approve the treaty it will have repercussions for Europe but ultimately we have the right to vote for or against the Lisbon reform treaty. The majority of Members of this House are in favour of the reform treaty but there are other parties which, although they participate in European affairs, appear to be against this reform treaty.

Other speakers referred to proportional representation and the transferable vote system. We need only look to the first-past-the-post system used by our nearest neighbour to see the advantages for fair representation inherent in our system. The Minister of State, Deputy Batt O'Keeffe, is aware we debated this issue previously and it was also an issue in the 1960s. The Minister of State probably did not have a vote at that stage. Fianna Fáil was in favour of the single seat constituency with a transferable vote but it was not accepted. I have benefited from the multi-seat constituency system and I have also had difficulties with it. The Minister of State can testify to that situation himself.

All the institutions of Government are established by the Constitution and it is important that as Members of one of these institutions we ensure we do not lose touch with the people and that, if necessary, we periodically review the structure and nature of these institutions to maintain relevance and accessibility. I have no doubt that all branches of Government, but more importantly the sovereign people, will continue in their wisdom to ensure this excellent legal and social document continues to serve the country as well for the next 70 years as it has for the past 70 years.

I hope some event will be organised to mark the 70th anniversary of the Constitution. It is an excellent and meaningful document and we should mark its 70th anniversary in some way to pay tribute to those who were responsible for bringing it forward and to those who voted in favour of it in 1937.