Speech of
Micheál Martin TD, Leader of Fianna Fáil
Opening of Constitutional Convention
Dublin 1st December 2012
Over the next year you have important work to
undertake. At this opening session it’s a good moment
to reflect on the background to the establishment of this
Convention and to be clear about what your most
important tasks are.
You will be considering proposals to amend a written
constitution which has been continuously in operation
longer than any in Europe. The adoption of Bunreacht
na hÉireann by the people 75 years ago was a
remarkable demonstration of faith in democracy and a
commitment to the idea of a state which respects limits
on its own power.
Our constitution was adopted at one of the darkest
moments in the history of the world. In the face of
extremist ideologies which were becoming dominant
elsewhere, this state committed itself to a different
course. Individual rights were recognized, controls on
political powers were introduced and the Irish people
stated their faith in international law and the need for
peace and cooperation between countries. In one of the
most radical changes, the constitution drawn up
primarily by then Taoiseach Eamon de Valera and a
small group of officials ultimately removed from
government and parliament the right to amend the
constitution.
Bunreacht na hÉireann does not belong to the political
class it belongs to the people. They have been slow to
agree amendments and have placed a strong burden on
those seeking change to make their case. That it why it
is right to have a new and more inclusive approach to
considering significant amendments. It is in the spirit
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of seeking a broad engagement and a strong consensus
that I and my party have supported the establishment of
this convention.
I believe that, on balance, our constitution has served us
well. Most of its failings come from a wider failure to
address the needs of our society as we have grown over
the decades. In key areas the constitution is clearly not
fit for purpose; it reinforces clearly flawed structures of
government and it does not reflect the values of today.
I take it as an absolute principle that our constitution
should fully protect the equal rights of all citizens of our
state – where it fails to do so it should be amended. The
concepts of equality which are shared by most of the
Irish people today are often very different from those of
1937.
A wider principle is that our constitution should set a
framework for political institutions suitable for a
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modern society and successful economy. It is clearly
the case that the skills, procedures and institutions
required to address the needs of today’s Ireland are not
the same as they were in the past. The current crisis has
exposed fundamental flaws in the structures of how
Ireland is governed. The need to consider genuine and
radical political reform is absolutely understood by the
public and I believe that there is a duty on us to deliver
this reform.
The mark of success for this Convention will be a lot
more than simply producing a report. It will be viewed
as a success only if it makes proposals which bring
forward the day when we have a constitution which
fully reflects the values of our people and gives them
political institutions which are capable of effectively
governing a successful and diverse country.
To achieve these objectives your work must be carried
out in a candid and direct manner. You must be willing
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to be challenging and to say hard things where it is
necessary. Outside guidance will be important, but it
must not be allowed to dominate over having a real
debate.
I would like to thank and acknowledge the commitment
of the members of the public who have agreed to
participate in the Convention. You are a diverse group
representative of many different strands of Irish life. I
would strongly encourage you to strengthen this
diversity in the way you conduct your business. In
particular, you will be considering issues which concern
very specific groups who may not have come through
the selection procedure, in particular those who seek
equal access to marriage and Irish citizens who live
outside the state. They should be invited to directly
participate in all discussions which impact on their
rights.
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During the process where the Convention was
established we argued for a much broader terms of
reference.
When considering the political issues
identified by the government you are fully entitled to
address other points if you think that they are closely
related. It is not necessary to leave everything not on
the list of eight issues until the very end. For example,
you may address reforms of the Oireachtas or
government powers if you feel that they must be
addressed as part of the reform of the voting system or
actions to increase gender balance in politics.
The entire point of having this convention is that you
conclusions should step outside of what would emerge
through normal political debates. Don’t be afraid to
push boundaries and make tough recommendations.
Your Chairperson is a highly respected figure who has
tackled many tough issues during his career. I wish him
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and you well in your work and look
closely over the next year.
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forward to following it