Seanad debates

Tuesday, 27 March 2018

An Bille um an Séú Leasú is Tríocha ar an mBunreacht 2018: An Dara Céim - Thirty-sixth Amendment of the Constitution Bill 2018: Second Stage

 

2:30 pm

Photo of John DolanJohn Dolan (Independent) | Oireachtas source

I welcome the Minister and the work he has been doing on this issue. A question that constantly comes to me is on how the narrative of this referendum respects a core tenet of Irish society, namely, that we have chosen to give to ourselves rules, regulations, values and principles. These flow from Bunreacht na hÉireann through the Oireachtas and into the decision-making power that is given to each of us as adults, not as parliamentarians, to make choices in referenda and elections and to influence public discourse.

We live by democratic decisions, which are based upon the majority of those who vote. Also built into the Constitution are opportunities to review and change decisions, such as deciding who will be the Members of the Oireachtas from time to time. When it comes to the Constitution, there is a procedure for changing elements of it via referenda.

One argument for inserting the eighth amendment into the Constitution was the need to copper-fasten the rights of the unborn child so that future politicians, the Judiciary and others could not interfere with them. To put it mildly, that is an interesting argument in a democracy when we have built into our Constitution mechanisms to make changes. For instance, might one support a dictator because he or she holds one's views on this issue and would one then trust that dictator not to change his or her mind if it suited?

We have the rule of law as well as the rules that we gave to ourselves in our Constitution about how we make changes. Democracy is undoubtedly about compromising, but that has the benefit of avoiding the terrors and denial of rights that flow endlessly from dictatorships. Democracy is a safer compromise when the people bring evidence, honesty and debate to matters in a way that is set around its values and the rights of all people. Through democracy, we have chosen to take on difficult decisions, ones in which it is not easy to divine the absolutely correct or best course all of the time. Therefore, the safety stemming from the value of review is inherent in the Constitution. That is how we do it. For democracy to work as well and effectively as possible, we must all step back and honestly review our own preset ideas and allow them to be examined and tested openly.

Unlike in 1983, Ireland now has a number of assets to assist us, including medical and judicial input on the consequences of operating the eighth amendment, the deliberations of the Citizens' Assembly, the report of the Joint Committee on the Eighth Amendment of the Constitution and the support of the soon-to-be-established Referendum Commission, which did not exist at the time. We have more access to information as well as better educated and informed people of all ages. In 1983, none of these aspects was available. Year in and year out since, we have watched the public unveiling of the personal, medical and judicial playing out of deeply personal life in Ireland for some people as a result of the eighth amendment.

Another issue is always with me when I consider this matter. I cannot see how it is correct to focus on only one beating heart. There are two, those being the baby's heart and the heart of the mother. She is the one who provides the possibility of growth, birth and life. It is not even two. There are partners, other children and the possibility of future children to consider. It is not simple, clean or black and white. Respect for human life has to pass the test of respect for all humans who are involved. This is the nub of the issue. There is more than one life involved.

We know that the operation of the eighth amendment has had dire and fatal consequences for some women and decimated families and loved ones. Politicians, who are elected and can be changed by the electorate, make a range of decisions every week and every year or fail to make them, for example, providing funds and supports to one area rather than another and hesitating to deal with an issue. I will name three examples that come easily to mind. In the early 1960s, we were not first out of the blocks to remove the thalidomide drug from the shelves for pregnant women. Consider our response to AIDS in the early 1980s. In the late 1980s, a State agency under the aegis of the Department of Health provided blood products that killed people. Decision making is never simple, easy or black and white. The decisions that we make and fail to make have serious consequences for people.

People who elect and change politicians must also take responsibility. If we want more money in our pockets while a range of social services are outstanding, there will be consequences. It is not only a matter of trusting or not trusting politicians. It is also a matter of trusting oneself, as someone over 18 years of age, to understand that there are consequences and that evidence-based and value-based decision making in parallel with services that support people is vital.

This Republic was passed to our generation. We must pass it on. We do not own it. Rather, we are custodians of it for a time. It is wrong for us as the Oireachtas to act like many young lads do and take the ball home because we do not like a decision that has been made. It is not finally up to us. It is the decision of the public that is important. For the many of us who are parents of adult children, we must relinquish. Their formation was in our hands. They have supports and assets to assist their decision making, and we need to trust them. Then let us honour the decisions they make and be a compassionate community for women and the family. I commend the motion.

Comments

No comments

Log in or join to post a public comment.