Victor Boyhan (Independent) | Oireachtas source

I was in the Dáil earlier for some of the debate on this issue, which was particularly interesting and respectful and which took into consideration other people's views. Likewise, the debate here has been very respectful.

The Joint Committee on the Eighth Amendment of the Constitution was established by the Oireachtas. It is important to make that point because we are Members of the Oireachtas, which is charged with responsibility in terms of government. All 22 members of the committee brought their different life experiences and traditions to the debate on the eighth amendment. That reflected the nature of people. There was a certain amount of friction and tension during the committee's meetings but that was good. It happens during every sitting of this House. It is important to acknowledge that the committee discussed the issues in good faith and produced a strong report and recommendations but that not everyone may agree with them.

I have received a substantial amount of correspondence on this issue - as I am sure everyone else has too - in the form of emails and handwritten letters. Some of them are pretty nasty but they reflect people's views. This is an emotive issue. People become frustrated and angry, and they sometimes think they are not being listened to. I have no difficulty with people of different traditions, cultures, backgrounds, churches, beliefs or non-beliefs expressing their views. We live in a republic. We value diversity and different opinions even if they are in some way in conflict with our own opinion. That is good. The people are sovereign. We have a Constitution. We can debate this issue for as long as we want. I support the holding of a referendum. I am unequivocal on that and I do not need to ring The Irish Timesto inform it of my view because I am happy to stand in this Parliament and say what I believe. It is right and proper that people be afforded their rights. As a democracy, we have the secrecy of the ballot box whereby people go polling stations to register their decisions. There are a number of elements and aspects to the referendum process. Once it has been agreed to hold a referendum we must move quickly to establish the Referendum Commission. Previous commissions have done really good work in setting out, in an impartial way, the facts and the details, which will be important in the context of the referendum on this issue. Politicians and other interested groups will state their views and seek to make their case, with which I also do not have any difficulty, but the people need to be assured that, as part of the process, there will be an independent commission which will ensure that impartial information is delivered to people's homes.

I acknowledge the very difficult task undertaken by the Chairman of the joint committee, Senator Catherine Noone. Regardless of one's views on this issue, she chaired the committee well. I took the time to watch many of the debates. The Senator was calm, cool and independent and that was important. I also attended the British Irish Parliamentary Assembly, BIPA, hearings on this issue in the House Commons. We heard personal stories from those on all sides of the debate. That was an interesting process, which I know fed into the work of the committee here. Senator Noone took the time to listen to everybody. I was taken by that. Regardless of our views - we all have individual views - it is the people who will decide. It is important to make that point.

I have some questions for the Minister of State which I hope he will take note of so that he can reply to them. However, before doing so, I would like to make the point that we need leadership from Government. The Taoiseach, Deputy Varadkar, is entitled to change his mind. I accept that people often change their minds following extensive debate. However, the Government made a decision in principle to hold a referendum. We need clarity around whether the Government collectively is going to support the wording of the referendum. We are not privy to what the Attorney General has told Government. We need to know if it is proposed to repeal the eighth amendment or to repeal and substitute it with another set of words. The Cabinet has collective responsibility for decisions. We are hearing different views from Cabinet Ministers. I respect they are all entitled to have different views but at some point leadership from the Government will be required in the context of what it is proposed to do. That needs to be said.

I will now put my questions to the Minister of State. Is it the Government's intention to hold a referendum to repeal or replace the eighth amendment? We need an answer to that question, although I am not suggesting that it should come from the Minister of State, Deputy Jim Daly. When the Minister, Deputy Harris, comes to the House later, perhaps he will answer it. Has the Government received legal advice from the Attorney General on whether Article 40.3.3^oof the Constitution, in which the eight amendment is incorporated, should be repealed or replaced with an article specifically empowering the Oireachtas to legislate on the matter? Has work commenced on the drafting of a referendum Bill? If so, where does it stand? Does it have the official authority of Cabinet, which is required? We need to know that. If a Bill is being drafted, when will the Government bring it before the Dáil and the Seanad? Has work commenced on the drafting of a specific referendum question that the Government might envisage putting to the people? These are important questions.

There comes a time when Government must lead. Regardless of what any of us think of the views of the Government, it is incumbent on the latter to set out its stall. I understand that will happen but I believe it needs to happen soon because people want direction and leadership. As I said previously, the people will have their say. It is important that we respect and give people on all sides of the debate the space to have their views heard. I reiterate that it is important that the Referendum Commission, which will be independent, be established. I accept that the latter will not happen soon but we should at least be talking about that at this point. Like me, the people want to know what Government proposes to do and not about 12 weeks being a problem for some but not for others. The Taoiseach stated that he did not believe that the proposal relating to 12 weeks was a runner but he has since changed his mind which he is entitled to do. I have read a number of commentaries on this issue in The Irish Times.Everyone is entitled to change and everyone is entitled to a view, but the Taoiseach is the Taoiseach and the Government is the Government. We need leadership from them.