I will also vote Yes to lower the age of eligibility for the office of president. At 21, adult citizens are eligible to stand in a general election and from there to sit in government. I cannot see any reason why these adult citizens should be excluded from the onerous nomination and election process, for a further fourteen years. While we might not be able to imagine who such a candidate might be, who could represent the nation at such a young age, why should we be happy to make the statement that no person under 35 could have that capacity? Why exclude the possibility and limit the choice of the people absolutely in this respect?
There have been the rare examples across history of those who led movements of change at a young age, who inspired their community and their country, including from the time of the foundation of our own state. Rare as they may be, let’s not deny such a candidate the chance to put their name before the people.
Many have complained that it’s too small a reform. There are amendments I’d rather be voting on. But it made sense to hold one with the marriage referendum that wouldn’t distract from that important debate. And if even small, unobjectionable measures of political reform don’t get public support, what makes anyone think a government will be eager to make the case for a more substantial measure of political constitutional reform?
The European elections will be held on redrawn constituencies as Ireland will lose a seat, so that we have 11 rather than 12. Dublin remained as it ever has, with the rest of the state divided with line midway across, such that we in Bray share a constituency with Kerry and Limerick, and everything to our south.
We’re in the midst of candidate selection, and some of this is based on speculation, but this is my current prediction:
Dublin (3): Brian Hayes (FG), Lynn Boylan (SF), Emer Costello (Lab)
North-West–Midlands (4): Mairead McGuinness (FG), Pat The Cope Gallagher (FF), Matt Carthy (SF), Marian Harkin (Ind)
South (4): Seán Kelly (FG), Brian Crowley (FF), Liadh Ní Riada (SF), John Bryan (FG)
This would leave party totals as:
Fine Gael 4 (no change)
Sinn Féin 3 (+3)
Fianna Fáil 2 (–1)
Labour 1 (–2)
Independent 1 (no change)
Socialist Party 0 (–1)
Or in terms of European Parliament groups:
European People’s Party 4 (no change)
European United Left/Nordic Green Left 3 (+2)
Alliance of Liberals and Democrats for Europe 3 (–1)
Progressive Alliance of Socialists and Democrats 1 (–2)
A lot could change, of course, but at the moment, the one of these above I’d be least confident about is the third seat in Dublin. I wouldn’t be surprised to see that go to Fianna Fáil, who select their candidate on Sunday. They are choosing between Tiernan Brady, Geraldine Feeney, and Cllr Mary Fitzpatrick. I know Tiernan Brady, who was formerly a Donegal councillor, and has worked for a number of years with GLEN (the Gay and Lesbian Equality Network), and would be quite happy to see him take that third seat. Mary Fitzpatrick was clearly sidelined by Bertie Ahern in 2007, and so might be seen by voters as a break with the old leadership.
At the moment though, I think sitting Labour’s MEP Emer Costello will hold. She was co-opted in 2012 to the seat won by Proinsias De Rossa. A recent poll showed Labour and Fianna Fáil tied at 14% in Dublin. While Labour will not be as transfer-friendly, the votes of eliminated candidates on the left should benefit them over Fianna Fáil. If the other regions become lost causes, Labour will likely concentrate all their efforts in Dublin, which could help her over.
I’m also working from the assumption that Paul Murphy, who replaced Joe Higgins as the Socialist Party MEP in 2011, will not hold, particularly as he faces a challenge from People Before Profit Cllr Bríd Smith for the far-left vote and organisation. While Joe Higgins had a force of character and presence to win the third seat in 2009, Murphy won’t have the same advantage. He also received a lot of support from those who wanted to keep Fianna Fáil out of the third seat then, and who weren’t going to vote for Sinn Féin’s Mary Lou McDonald. Paul Murphy has been visible since his co-option, but I don’t think it will be enough to be competitive against the larger parties’ organisation.
Elsewhere, I don’t think Jim Higgins will hold up against the strong field, but I think he would do as well or better than another Fine Gael candidate. Short of a strong new force or candidate, the results in South and North-West–Midlands seem straightforward from here.
Overall, these results would be a solid election for Fine Gael, which has been the largest at a European level since 2004; a very good election for Sinn Féin; Labour would be back to their traditional place of usually having just the one in Dublin; and somewhat disappointing for Fianna Fáil.
However, European elections are of a different sort. If we want to see how party support and organisation is ahead of the general in 2015 or 2016, the locals will be where to look towards.
The conference from the Reform Alliance later this month should be interesting to watch. I might even call in to it. While Lucinda Creighton did insist on Prime Time yesterday that it isn’t a political party, it certainly seems to be heading that way, with a date of September mentioned. If Stephen Donnelly joins them, my Wicklow homeland would become a stronghold for them. I’ve been asked more than once by friends and family if I’d consider joining them. There’s really barely a hope of that.
It’s not just that I’m enjoying my current activity in Fine Gael. If a party emerged that was closer to my ideals, and had reasonable prospects of being viable, I’d give them a fair hearing. This new group doesn’t seem likely to be either. When I spoke in favour of dissolution at the last conference of the Progressive Democrats, among other things, I said that if we were to continue, we could inhibit the development of our ideas in another political force. The Reform Alliance is not what I had in mind.
Let’s jump back to the 1980s, to the events that led to the formation of the PDs. Des O’Malley first lost the Fianna Fáil whip in 1984 because he was willing to consider political solutions in the New Ireland Forum Report other than a united Ireland (all of which gave much more power to the Irish government than the later agreements). He was then expelled from Fianna Fáil in February 1985 after he stood by the republic in the debate on the Family Planning Bill, arguing against that party’s tactical opposition to modest liberalisation of contraception laws. While an Independent TD, O’Malley led the charge against Minister for Transport Jim Mitchell’s ridiculous notion that it should be illegal to sell a place ticket lower than Aer Lingus, paving the way for cheap flights and Ryanair. Mary Harney lost the Fianna Fáil whip in November 1985 after she voted in favour of the Anglo–Irish Agreement. She and O’Malley were joined in December 1985 at the launch of the new party by Michael McDowell, a former chair of Dublin South-East Fine Gael, who was unsatisfied with the Fine Gael/Labour management of the economy. As well as realism on the national question, moderate personal liberalism and an economic focus on lower taxation rather than government control, a large impetus for the strength of the party was opposition to the politics of Charlie Haughey.
I’m disappointed with the result of the referendum on Seanad abolition. There’s no point now in detailing once more why I thought this would have been a good idea and a worthy reform of our political system. The result was not what the polls predicted, and while polling firms might have found it difficult to estimate likely voters, there also was a definite swing against us. With this short time to consider the result, I think the blame for that most likely rests with the Taoiseach and his closest advisors. When he announced this in 2009, I thought (or hoped) it was a sign that he was truly embracing an element of radical and substantial political reform. Yet during this campaign, he did not show the confidence to explain and defend it to voters. I know of people who were leaning in favour of abolition but who voted against because they did not believe he should be rewarded and credited with such a change if he would not stand up for it. If it were a long-held party policy, or an initiative of another minister, it would have been fair enough to have delegated it to the director of elections, as usually occurs at referendums. But he was the one who reintroduced this to the political conversation in 2009. As the leader of our government, Enda Kenny should have explained clearly and plainly the merit he saw in this.
Party members were let down by this. A defeat in a poll is never a pleasant experience, and this is one that could have been avoided. The internal conversation and debates should have started long before the summer. And party members should have been involved in formulating our arguments. There is a time and a place for focus groups, but the political instincts of motivated and interested members should be respected and sought. We ran with poor campaign messages. The largest party in the country could never have credibility talking of the benefits of fewer politicians. The discussion of cost does have a place, but it should not have been the starting point. Not to mention some embarrassing stunts, which are probably all right as moments of levity during a campaign, but not when they become key pieces of it. We needed a wide-ranging and targeted campaign, one that showed from the start that it was a position of substance and principle, that stood up to scrutiny, based on solid research.
Fine Gael needs to learn from this. We didn’t learn from the referendum on Oireachtas Inquiries; here we are two years later with practically an identical margin against. Reform that requires constitutional amendment needs to be framed in a way that appreciates and addresses the legitimate suspicion the public have when the executive seeks to alter the arrangements in the constitution.
In the RDS count centre this morning, a non-aligned campaigner said to myself and a member of a different party that for people like us, it was a tribal matter. It wasn’t that for me. Had Fianna Fáil or any other party proposed this, and Fine Gael been against, I would still have publicly supported this. I am not right now disappointed for Fine Gael that we as a party have suffered a defeat in a poll. I am disappointed in Fine Gael, and I things change have to change.
And to those who opposed abolition, well done on a well fought campaign.
All we can determine from yesterday’s result is that the voters wanted to keep a second house. We should now think carefully and critically about how its 60 members should be selected and what their role should be.
I will then vote Yes to establish a Court of Appeal (the Thirty-third Amendment of the Constitution Bill). Over the past decade, there have been considerable and growing delays in the Supreme Court hearing of appeals from the High Court. Our Supreme Court deals with much more than its equivalents in other countries. In our constitutional system, questioning pertaining to constitutional interpretation must take precedence there, such that many civil matters are delayed in their appeals from the High Court for up to four years. Ireland has been found liable in both the European Court of Human Rights and European Court of Justice on the grounds of unreasonable delay. Having a speedy process in civil cases will set us in line international obligations on issues such as extradition and child abduction, while also making us more attractive to multinational firms, who often have concerns about lengthy litigation. These problems were detailed by Susan Denham, now Chief Justice, in 2006 in the Judicial Studies Institute Journal.
The same amendment will also remove the requirement on the Supreme Court to deliver only one judgment in cases challenging the constitutionality of laws. In cases not relating to the constitutionality of laws (e.g. high-profile cases AG v. X. on abortion or AG v. Hamilton on cabinet confidentiality), and in cases relating to laws enacted before 1937 (e.g. Norris v. AG), dissenting judgments do contribute to an understanding and development of the law, without undermining the authority of the majority judgment. These development and the value of dissenting could not have been foreseen when de Valera proposed this change as one of many in the Second Amendment in 1941. (It will not amend this in the case of referrals by the president before a bill is signed, presumably on the grounds that as such a law cannot after be challenged on constitutional grounds, diverging or dissenting judgments would not be beneficial.)
I will be voting Yes this Friday to abolish the Seanad (the Thirty-second Amendment of the Constitution Bill). I have tried to encapsulate across different platforms the various reasons I have for doing so over the course of this campaign, over different platforms. In short, in these closing days, I hold that in a country like Ireland, without clear and sharp cultural or geographical divisions, we should have a single parliamentary chamber composed of representatives elected by us to pass laws on our behalf. This is something I first considered around ten years ago, and since then it had always seemed like a common sense proposal. We hear of many ideas for its reform, but that casts it as a house in search of a purpose. What reforms are proposed are ones that should be delivered for the Dáil, as our house of representatives. And even though I don’t believe political reform should stop here, I think it is a worthy reform in itself, to remove a house elected by a privileged section of society in a proportion of university graduates, of senators I’d barely recognise elected by Oireachtas members and councillors, and 11 who may or may be not be decent senators depending on the whim and needs of the Taoiseach.
I was delighted when Enda Kenny announced this policy soon in 2009, not long after I joined Fine Gael, and that he stuck with this commitment through the election campaign and into government. I would not have had the primary focus on cost that we saw from Fine Gael posters, but I think we have had a broad debate. Whatever the result on Friday, at least the people will have had their say.
On the Future Matters blog, Rachel Mathews-McKay wrote in defence of the Seanad under the headline, ‘The Seanad has stood with our LGBT Community’. It is true that two of the most well known senators, Mary Robinson and David Norris, played crucial roles in advancing equality for gay people in Ireland. But should this lead us then to credit the institution of the Seanad for this progress and for it to be retained because of this legacy? Does my activism on gay rights conflict with my enthusiasm for abolition of the Seanad? Let’s examine the history in greater detail.
The Campaign for Homosexual Law Reform began in 1975 with David Norris, a member of the English Department at Trinity College Dublin, as it most prominent member. Its legal advisor was Mary McAleese, who was succeeded in that role by Mary Robinson in 1979. The 1885 law which had convicted Oscar Wilde, and which had been largely repealed in England and Wales in 1967, was still in effect in Ireland.
Mary Robinson had been elected as one of the three University of Dublin senators in 1969 (continuing there till 1989), but it was through her actions as a legal counsel that she was most successful in bringing about social change, whether on this question or on many others. When David Norris sued the state on the claim that criminalisation of homosexuality was unconstitutional, Robinson acted as his barrister. In Norris v. AG, the High Court ruled against him in 1980; on appeal to the Supreme Court, they too ruled against him in 1983.
They filed in the European Court of Human Rights in Strasbourg. Ireland was a signatory of the European Convention on Human Rights in 1947, and Northern Ireland resident Jeffrey Dudgeon had successfully sued there in 1981 in Dudgeon v. United Kingdom to secure the repeal of the law, which still then applied in Northern Ireland. The law was changed for Northern Ireland in 1982 (a separate law had been passed to apply to Scotland in 1980).
In 1987, David Norris was elected as one of the three University of Dublin senators, in large part in recognition of his work in this campaign.