Rónán Mullen (Independent) | Oireachtas source

Ba bhreá liom freisin tréaslú leis an Aire as an obair mhór atá ar siúl agus déanta aici agus ag a comhghleacaithe. Before making my concluding remarks on the proposed constitutional amendment, I thank and congratulate Senator Aideen Hayden on her very impressive and impassioned intervention. I was particularly admiring of her knowledge of Dáil and Seanad history. I presume it was in the Oireachtas that the comment was made that we could not deal with contraception until we had a united Ireland. I was tempted to intervene in order to point out that this person at least understood the unitive as well as the procreative dimension of the issue.

The Minister and her team have done well in bringing this proposal successfully through the Houses. I have acknowledged that the wording strikes a balance between the competing rights at issue. I remain of the view, however, that it could be improved by the resolution of certain ambiguities, as set out in my amendments. I accept that the Minister had to do what she had to do and thank her for considering the amendments and giving her response. I am a great fan of the natural law basis of the Constitution and, in that regard, welcome the reference to the natural and imprescriptible rights of all children. It will be a very good day when these words are inserted into the Constitution. I am a person who views proposed constitutional change with a sceptical eye, as it is the duty of all of us to do. We have already seen in the lifetime of the Government that those who looked at proposed constitutional change with a sceptical eye were vindicated when the matter was put to the people. I refer, of course, to the proposal on increased powers for Oireachtas inquiries. It is right and proper that we should be very cagey about any proposed constitutional change. I approach the issue from the perspective of one who believes passionately that we must attempt to secure the best interests of children in society. The presumption that the best interests of children are secured within the family remains intact, as the Minister said. Sadly, however, there are situations where the State must endeavour to supply the place of the parent.

What struck me in some colleagues' contributions was the longing for a consistency of approach on the part of the Government. Senator Aideen Hayden, for example, referred to the former residents of Bethany Home, one of whom had his short and cogent letter published in The Irish Times yesterday. The Sinn Féin amendments sought to widen the context in which the best interests of children would be the paramount consideration in proceedings to which the State was a party.

This again indicated a desire to ensure people who find themselves in certain situations are not left behind.

I return to the issue of the unborn, about which I spoke yesterday. Society must be loving and welcoming towards children from the moment of their conception. We must approach all of these matters with a profound reverence for life, pre-born and post-birth, and a desire to vindicate the dignity and welfare of children in all circumstances. We must not lose the goodwill towards this referendum, which is evident not only in the Houses but across society, as it should inspire and motivate us and speak to our consciences.

I fully endorse the words of my colleagues on the issue of having a 50:50 debate. It need not be a great problem that a large number of people are on one side and a small number of people on the other side of a proposal. The real issue about how the media do their work is whether journalists are willing to put hard, forensic questions of the kind that we, in the Houses, have tried to put. When journalists are forensic one does not end up with biased debates because those who make proposals have their mettle tested, must provide answers and cannot get away with spin or inadequate responses. It will matter less what is the division of opinion on the referendum if the media do their job, scrutinise the proposal and ask hard questions, including those I and others have asked on whether other interpretations are possible and if the wording could have unforeseen consequences. This task is one for the media and if they fulfil it, the requirement to have a 50:50 debate will not be a problem. I was pleased the day the court handed down its judgment in the McKenna case, although it was unfortunate that it came too late in the context of the referendum proposal to which it pertained. The ruling marked a good day for democracy and I would not like if attempts were made to undermine it.

With those words, I wish the Minister well. When people ask what is my view on this proposal, I will acknowledge the comments of those who argued that that which the proposal is intended to facilitate could be achieved by legislation, although there is still a debate to be had about that issue. I will also stress the sheer appropriateness of enshrining in our Constitution the natural and imprescriptable rights of children as a special category of persons in society. I will also state that I have concerns about some matters and wish certain specific words had been included. However, I will also point out that the use of the phrase "proportionate means" is key. I made this comment on the day the referendum wording was announced. The use of this phrase is welcome and important and it has great centrality in the wording of the proposal.

On that basis, I wish the Minister and all of those who will speak on the issue the best in the coming weeks as we seek to do our job to facilitate a decision by the electorate. I hope members of the public will seek information about the proposed constitutional amendment as I do not admire the approach that if one does not know, one should vote "No". People should seek to acquire the truth and an in-depth understanding of what is proposed. The Houses have helped that process by asking questions, placing issues on the record and taking the opportunity to comment on the perspectives of others.