Caít Keane (Fine Gael)

Senator Mark Daly suggested that 75% of people want a referendum. I agree they should have a say, but the first consideration must be that they understand the proposals on which they are adjudicating. All of the opinion polls to date were undertaken before the wording of the treaty was published. I call for a sensible debate on the proposals, not on the question of whether or not they require an amendment to the Constitution.

I also call for a debate on referenda in general, what they are for and how much they cost. None of us should be afraid of a referendum. Articles 27 and 47 of the Constitution provide for an ordinary referendum, known as a reference of Bills to the people. These provisions have never been invoked, on the basis that there has never heretofore been good reason to invoke them. The debate we should have is not on whether there should be a referendum but on the provisions of the proposed treaty. Unfortunately, the entire debate thus far has centred on whether there will be a referendum rather than what is contained in the treaty.

Regardless of how these proposals are handled, they will almost inevitably be challenged in the courts. While I would not presume to advise the Attorney General or the President to do A or B, I am free to give my own estimation, which is that the President should refer the Bill to the courts to determine whether it is constitutional.

I wish to raise another issue.