Seanad debates

Tuesday, 31 March 2015

An Bille um an gCúigiú Leasú is Tríocha ar an mBunreacht (Aois Intofachta chun Oifig an Uachtaráin) 2015: An Dara Céim - Thirty-fifth Amendment of the Constitution (Age of Eligibility for Election to the Office of President) Bill 2015: Second Stage

 

2:30 pm

Photo of Labhrás Ó MurchúLabhrás Ó Murchú (Fianna Fail) | Oireachtas source

Tá fáilte roimh an Aire Stáit. If I thank the Minister of State for outlining the Government position on the referendum. Fianna Fáil is not opposing this and supports the idea of a referendum being held. Is it is also clear from the presentation that we are endeavouring to balance how to recognise youth and enable it to take up positions that require responsibility and experience. The position of President is the most important office anyone can hold and we have been very well served by Presidents in the past. They have done us proud at home and abroad and are very often the face of Ireland. We are well aware of the manner in which they avoid unnecessary controversy and fulfil the obligations the office places on them.

The Constitutional Convention was a good idea and even if it had not been part of the programme for Government, the changes in society and attitudes and our position internationally mean it was important to examine the Constitution and see how it might be improved. We should compliment all those who participated in the convention because they had to give a lot of their time and attention and much of it was during a vacation period.

Some of the recommendations from the convention were decisively passed but in this case it was a 50:50 division. There is nothing particularly wrong with that or with people expressing their views democratically in such a forum. It will also spill over into the voters' area because the same will apply. Mol an óige agus tiocfaidh sí. No person interested in enhancing democracy would suggest that young people should not be given the opportunity to play the fullest role in public life. No one suggests a young person of 28 years would be less idealistic than someone of 35 years or any other accepted age. I see that forming part of the debate during the referendum campaign and it is understandable in a way because, generally speaking, one must look at the experience, expertise, track record and understanding of any office. All of this is exceptionally important and particularly with the office of the Presidency. I am sure it is the same with other offices where people are subject to constant appeals for representation from lobby groups. We have seen that with legislation passed in the Oireachtas and the manner in which the President is brought into focus immediately. While the Council of State is available, it is not brought together on a regular basis, except when there is some issue the President is not particularly happy or clear on. In the main, the President must make the decision and must draw on a huge body of experience gained before taking up the office. Looking at the holders of the office, that is what happened. It gives people a sense of confidence in the Presidency, the political system and whatever decisions the President might make. It is a particular confidence when representing Ireland abroad. We look at presidential visits to other countries and we watch carefully the protocol, decorum and presentation and we are seldom disappointed. Often, the pictures are going worldwide and are the pictures of Ireland at that point. We can see the need for a wise head and I am not suggesting that a 21-year-old does not have a wise head. A wise head is needed on that occasion and people feel that we cannot put an old head on young shoulders. I do not mean the term old in a derogatory sense but what is intended is to embrace age with experience and expertise.

Having said that, the Minister has pointed out clearly that this is a matter for the people and the people decide on a number of fronts, whether we recognise youth in the context of being eligible to go forward for the office. We can point to Italy, where the age is 50 years, and many others where the age is 30 years or 35 years, which is what our minimum age was. In Croatia and France, the minimum age is 18 years but they seem to be the exception in many ways. That is precisely what people will consider and, in fairness, once the Constitutional Convention gave so much time to issues of this kind, it is important that there is an opportunity for people to consider the issues. The media and other people say there are major constitutional issues discussed and were clearly passed, some of which are acknowledged and are being progressed. However, others seem particularly important and raise the question of why this particular one was raised at this particular time. I speak in the same tone as the Minister of State. There is a degree of caution and the measurement of the vote at Constitutional Convention. That is the case with the referendum where the ball is being kicked to touch. It is being given back to the people and my main hope is that it will not be seen as lowering the status of the Presidency or raising question marks about the Presidency. We must avoid misunderstanding when the referendum is being put to the people because the Presidency has served us well. We are lucky to have such an institution and there is no doubt that, where Ireland is concerned, we still need that image and status for the Presidency. I hope the debate does not go off track and remains on the main issue asked in the referendum.I wish the Minister of State well in what he is doing and the same for the Government.

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