Lenihan Snr., BrianSaturday, 25 April 1987 |
Seanad Eireann Debate
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An Bille um an Deichiú Leasú ar an mBunreacht, 1987: An Dara Céim. Tenth Amendment of the Constitution Bill, 1987: Second Stage.
I wish to present to Seanad Éireann the Tenth Amendment of the Constitution Bill, 1987. This debate is a stage in a process which will enable the Irish people, on 26 May, to exercise their sovereign ...
Thank you very much.
Expression of Sympathy.
It is with great regret that I have to inform the Seanad of the murder this morning of Lord Justice Gibson and Mrs. Gibson. Lord Justice Gibson and Mrs. Gibson had just travelled across the Border at...
An Bille um an Deichiú Leasú ar an mBunreacht, 1987: An Dara Céim (Atógáil). Tenth Amendment of the Constitution Bill, 1987: Second Stage (Resumed).
It is a different Supreme Court case.
The next sentence relates to a different judgment altogether, to a unanimous and little publicised one.
That was unanimous.
It was agreed to by all sides.
It was because it was not referred to in the separate judgments that formed the 3:2 majority. They were concerned with Title III.
Utter nonsense.
I can tell you that in my reply.
Yes, fully in the Dáil.
No.
One judge. Correction, please.
Would the Senator read the other two judges as reported?
I cannot take bad law.
The reality of the matter is that 84 per cent of the Irish people voted for our entry into the European Community in 1972.
The reality is that since 1972 we have derived substantial social and economic benefits from membership of the European Community. The reality of the matter is that our participation in that Communit...
First of all, at this stage it is a matter for the people. In some degree if the Senator and the Seanad think it the whole way through, the Supreme Court aspect is now over. It is now with the peopl...
I hope the Senator was in the House for my speech.
I spent more time than any other speaker in the Dáil dealing with the Supreme Court decision. That is almost the entire reason why we are not having a wider amendment, such as was requested by Fine ...
I made it plain in the Dáil and in the Seanad earlier, that I regard Article 29 as the basic governing Article as far as the operation of Ireland's foreign policy is concerned. It is clear and unambi...
Of course it is. It is the reason why we did not get into that area. Can the Senator see my point?
The reason we have chosen the basic amendment for the House is because of the point the Senator has raised. I thought I made it clear in the Dáil and here that if we go into that area we are into a h...
That is a point of view. I have been more than clear.
An Bille um an Deichiú Leasú ar an mBunreacht, 1987: An Coiste agus na Céimeanna Deiridh. Tenth Amendment of the Constitution Bill, 1987: Committee and Final Stages.
Hear, hear.
That is one reason you will not get it.
It is the draft of the Act I am waving. It is in the book.
First of all, I again want to refer the House not to the Supreme Court judgments but to a plain reading of Title III of the Single European Act. It is not very difficult reading, it is a little over t...
I would not dream of doing it. I have respect for them.
I do not want to listen to nonsense.
I am not here to tell the Seanad what the Government think. I am here to put a legislative matter before the House.
Of course it happened. Is that not why we are here?
I am asking the Senator to read the text.
It is a decision of the Supreme Court.
A referendum process is about to take place.
The Senator voted for it.
I said all I am going to say.
That is utter nonsense. The issue before the people is the Single European Act. Will you read the Bill before you, Senator?
Read the Bill before you.
Yes.
It does not inhibit us in any way. I fall back on Article 29 of the Constitution, first of all, which states very clearly that the executive power of the State in connection with its external relatio...
Not with you or Senator Ryan around.
I am sure I am.
The Senator is forgetting about the people and the referendum process. The Senator should read the later article. I am not going to be drawn anymore because this is a lot of nonsense.
No.
I will not explain any more to Senator Robinson because she is engaging in total circular argument.
It is and the Senator knows it is the most dishonest form of legal argument.
The Senator has been playing games for the past few hours.
I never take offence at nonsense and I am not taking offence but I am certainly not going to be lured by questions such as, do I take the Supreme Court seriously. That is the sort of question one ask...
Of course I take the Supreme Court seriously.
The amendment to the Constitution that we are putting to the people is an indication that we are taking the Supreme Court seriously.
I want to talk now.
I agree with Mr. Justice Walsh when he said, and I quote from his judgment, “The consent of the people is a necessary pre-requisite to the ratification of Title III to the SEA”. He was concerned abou...
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