Seanad debates

Tuesday, 25 October 2011

3:00 am

Photo of Labhrás Ó MurchúLabhrás Ó Murchú (Fianna Fail)

It could only be good to have the Minister for Justice and Equality, Deputy Alan Shatter, present in the House. We were elected to this House to discuss important issues such as changes to the Constitution. It would be helpful, therefore, if the Minister attended in advance of the referendums to make our discussion worthwhile. The Referendum Commission, under the former Mr. Justice Brian McMahon, has done an excellent job, from which we should not take in any way. Unfortunately, as a result of the presidential election, the referendums have been sidelined. There is a considerable lack of knowledge about them among the public. I do not attribute ulterior motives to the Government in bringing them forward. It is possible, however, that it is an emotional reaction to experiences in this country for a number of years, but that is not the right way to consider a change to Bunreacht na hÉireann, as the emotion will eventually diminish and be diluted. However, Bunreacht na hÉireann will remain. We must bear in mind that we are dealing with something vital and fundamental that is deserving of much greater debate.

To suggest holding a certain view on the referendum on parliamentary inquiries might suggest we do not trust ourselves is not the way to approach this matter. Talking about motives is not what it is about. We should not be doing this for those who are in favour or against the proposed change. Neither is it a question about the legal profession; rather, it is about citizens. We should be representing them and reflecting their views in the House. It is not, therefore, a matter of trusting ourselves. One should bear in mind that, by their very nature, politicians have agendas. That is expected of them. There is no doubt that they have loyalties and are susceptible to lobby groups, as may be expected of them, but they are not part of the judicial system. That is where the difference lies. I do not feel comfortable about voting in the referendum on parliamentary inquiries next Thursday based on our experiences in the Oireachtas. It is a great pity the media did not play a full role. We should not blame the Government for this. I heard senior journalists admitting on radio this morning that they had not done what they should have done in this regard.

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