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Seanad
‹ Order of Business

Fatal foetal abnormality Bill

Summary

Senator Humphreys supports legislation concerning fatal foetal abnormalities and calls on the Leader to ask the Taoiseach to address Cabinet responsibility and the Constitution; the Chair repeatedly rules the intervention out of order.

The Protection of Life in Pregnancy (Amendment) (Fatal Foetal Abnormalities) (No. 2) Bill 2013 was introduced by Deputy Mick Wallace in the Dáil last week and I support it. Most Senators realise we need to "Repeal the Eighth" to make a substantial change in this regard.

However, we cannot cherry-pick the Constitution. We cannot say, "I like this bit of the Constitution and I don't like that." We are either democrats or we are not. We need to respect the people of the State and their decision as they make it in a referendum. We can work for and articulate and argue a case for change within the Constitution. I am deeply worried when I hear officeholders using terms such as, "I do not know whether the Bill is anti-constitutional and I do not care." Article 28 of the Constitution relates to collective Cabinet responsibility. I am concerned that members of the Cabinet now seem to cherry-pick regarding the advice they take from the Attorney General and whether it is okay to take the advice from the Attorney General on whether to pay one's water charges bill or whether one acts as part of the collective in the Cabinet. I greatly respect the decision of the Minister for Children and Youth Affairs, Deputy Katherine Zappone, to accept the Attorney General's advice on the Bill to be voted on this week.

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Paul Coghlan An Leas-Chathaoirleach Fine Gael

I do not think we should discuss matters that are more relevant to the other House. The Senator is naming people-----

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This is relevant.

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Paul Coghlan An Leas-Chathaoirleach Fine Gael

The Government is not responsible to the Seanad.

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There is nothing more relevant to this House than upholding the Constitution. We can talk in this House about new politics-----

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Paul Coghlan An Leas-Chathaoirleach Fine Gael

The Senator is entitled to his opinion, but he should not make assumptions.

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-----or we can talk in this House about reckless politics. I ask the Leader of the House to request the Taoiseach to come and answer for his stewardship of the Cabinet in upholding Article 28 of the Constitution, given that there is collective Cabinet responsibility. The Ministers sitting around the Cabinet table have had the opportunity to hear the advice of the Attorney General and have avoided making a decision today on whether they should have collective Cabinet responsibility. There is a collective responsibility on the Cabinet to make a decision on whether the Bill before the Dáil is constitutional and they are now avoiding this. I fear this is a downgrading of what has pertained heretofore. The Cabinet has always upheld Article 28. I am not tabling a motion. I ask the Leader to ask the Taoiseach to come and answer for the role the Cabinet is taking in upholding the Constitution. The issue is far too important to allow members of the Cabinet to cherry-pick the advice they take. It is not good enough to seek the advice of the Attorney General on payment of water charges and then opt out on another issue of such importance. That is not acceptable.

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Paul Coghlan An Leas-Chathaoirleach Fine Gael

The Senator has made his point.

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I ask the Leader of the House to call on the Taoiseach to come and answer for his behaviour this week.

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