Seanad debates

Wednesday, 9 February 2022

10:30 am

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

I have been a Minister and I have been Tánaiste. I understand the constitutional position of the Government. The Government exercises the executive power of the Irish Republic, but that has nothing to do with whether this House can say that it accepts the verdict of an informal or a formal tribunal. The line purveyed by the Minister of State is based on a completely flawed understanding that this House is perfectly free to say that it accepts the verdict of a particular tribunal, formal or informal, national or international; we are perfectly free to do that. There is no constitutional reason and no reason in the diplomatic or international order why we should not do so; none whatsoever.

In the context of the Constitution, the Government is answerable to Dáil Éireann. It might be a different matter if the executive power of the State was to be subject to a motion directing the Government in Dáil Éireann to do A, B or C in a particular context or something of that kind. I could see a constitutional issue there, but there is absolutely no truth in the line in the Minister of State's script to the effect - and advancing the view - that somehow this House would be acting improperly if we indicated that we accept the findings of a tribunal. There is no-----

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