Seanad debates

Thursday, 12 July 2012

Electoral (Amendment)(No. 2) Bill 2012: Second Stage

 

4:00 pm

Photo of Jim WalshJim Walsh (Fianna Fail)

I am aware of that fact. However, both the motion and the Bill relate to the same matter and, in that context, we are on Second Stage. If Government Ministers are taking a cavalier approach to and displaying a total disregard for the institutions of the State, then serious questions must be asked with regard to the purpose the constitutional convention is going to serve. Those who are elected by and have a mandate from the people should have ultimate responsibility for considering, debating and adjudicating on these matters. I have no doubt that the matters to which I refer will be debated again in the House when the convention completes its deliberations.

I welcome the provision in the Bill in respect of random selection. When the range of issues relating to the Constitution are discussed, it is extremely important that the views put forward are representative of all shades of opinion across society. It must be acknowledged that Bunreacht na hÉireann, which was endorsed by the people in 1937 and which has subsequently been amended on many occasions, has really stood the test of time. When we set about incorporating or adopting the EU Convention on Human Rights and the declaration relating thereto into Irish law, it was acknowledged by Members of this House and the then Minister for Justice, Equality and Law Reform, Mr. Michael McDowell, that practically all of the human rights outlined in the convention were already well covered within the terms of the 1937 Constitution. There is no doubt that our Constitution not only reflects the period in which it was drafted but also that the vision relating to it was a sustainable one. It is important to acknowledge that point. Any amendments to the Constitution will hopefully enhance it rather than remove any of its existing provisions. In my opinion those provisions have proven to be in the best interests of civil society in this country.

From what previous speakers have indicated - I am sure the Minister will confirm whether this is the case - I gather that the purpose of the random selection process outlined in the Bill is to ensure that the views of those who will serve on the convention will be fair, balanced and representative. There is a corollary in this regard. If we do not apply the same criteria in respect of the selection of the Members of these Houses who will participate on the convention, we will undermine the aspirations relating to it. If, as other Senators stated, it will be left to the whips or the leaders of the various parties to decide who will serve, then obviously the outcome relating to the convention will be extremely skewed. In other words, it will be driven by an agenda. I would like to believe that the Minister will be in a position to confirm to the House that the selection of those Members who, along with 66 randomly selected citizens, will participate on the convention will be done on a random basis. This will ensure that all shades of opinion across both Houses will be reflected in the outcome of the convention's consideration of the various issues that will come within its remit.

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