Ivana Bacik (Independent) | Oireachtas source

I thank Senator Hayden for sharing time. I also thank Senator Norris for raising the important issue and tabling the motion. Today is a good case for using the procedure. I thank the Minister for attending. I also thank her for making a clear and concise argument for the "Yes" side and for stating her position.

We all respect the decision of the Supreme Court. The Government has stated, as has the Minister stated today, that it respects the decision and will comply with it. It is important to stress that none of us has seen the judgment or the reasons for the decision. As the Supreme Court has stated that the judgment will not be published until 11 December, our comments are based on a very limited knowledge of same. We know that the plaintiff did not argue that the Department or the Government had intentionally acted in breach of the McKenna judgments. The court appears to have accepted that there was, in good faith, an attempt to comply with the McKenna judgments.

The Government also acted in accordance with the established practice since the 1995 McKenna judgment and the High Court judgment of 1 November 2012 in which the President of the High Court, as Senator Keane has said, accepted the manner in which the information was being provided and that there is a clear obligation to provide it. In the past the Government was criticised when information it provided was inadequate.

It is also important to note that the relief granted by the court was declaratory only and concerned the text and the extraneous material published by the Government. No injunction was granted to stop the distribution of the material or prohibit the referendum being held. I have examined what the court has said. It does not affect the holding of the referendum or the integrity of the result. The court stated that it was a matter for the people. The referendum shall go ahead on Saturday and the Supreme Court decision will not affect the outcome. I am desperately disappointed to hear that five Independent Members of the other House have sought a deferral of the referendum. It is far too important an issue for them to play a political game with. Their comments are very disappointing. They are also legally wrong to suggest that the outcome will be tainted by the ruling of the Supreme Court in respect of certain information provided by the Government.

I commend the Minister for the calmness and clarity that she has brought to the debate today, particularly in response to the judgment and in the past week, even though she was subjected to intense provocation by the "No" side. There is an extraordinary level of support for the referendum and Senator van Turnhout has eloquently demonstrated that. She is correct that this is a once in a lifetime opportunity to place a value system within the Constitution for a framework under which law and policies on the care and protection of children can be developed. We cannot miss this opportunity and I urge, as others have done, a high turnout and a strong "Yes" vote on Saturday.