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Seanad
‹ Order of Business

Rule of law and judiciary

Summary

Senator McDowell criticised a Dáil deputy's comments on Seanad legitimacy and warned about disrespect for the Constitution and judiciary. He cited a report of a judge being held at gunpoint and argued forcefully that no one may take the law into their own hands.

I join in the general expression of Christmas good wishes and thanks to the staff of the Seanad Office and all of the staff of the Houses of the Oireachtas Service for the wonderful work they do for us in this establishment. On the Order of Business yesterday, Senator Colm Burke referred to a nameless Deputy - he was being very careful - who, in a committee session, queried the status and legitimacy of Members of this House. To observe the decorum of this House, I am not going to name that Deputy.

The words "People Before Profit", however, did come to mind. I used to think that People Before Profit was a secular party from Egypt and that "profit" was spelled "prophet". In any event, on this occasion the case was made that somehow Senators lacked a mandate. In my innocence, therefore, I looked at the Internet last night and discovered that the Deputy who had made these remarks, who shall be nameless in the interests of observing decorum in this House, had received 4,379 first preferences or 10% of the vote in her constituency.

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I remind that Deputy who was criticising me on that occasion that I received 5,661 first preferences and 15% of the vote in my constituency.

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Good for Senator McDowell.

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If we are going to compare first preferences, all I want to say is I look forward to the time when this House is reformed and many more of us will be in a position to dismiss remarks of that kind. On a more serious note, in respect of the person in question, there is a Grinch associated with Christmas but it is not necessary to be a Grinch the other 364 days of the year also.

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To echo what Senator Leyden said, and to be serious about this, I am hearing a report today that a member of the Judiciary is being held at gunpoint by a dissatisfied litigant. The courts of the country hand down orders on foot of the Constitution. They apply the law very fairly. We uphold the State and we must uphold the Judiciary. Nobody can dine à la carte in respect of loyalty to the Constitution.

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Senators

Hear, hear.

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If possession orders are made, they are, invariably, executed with the greatest courtesy and understanding afforded to the people affected by them. Multiple appointments are made and letters delivered but, in the end, the law must be upheld and nobody, whether possessing a baseball bat or a gun or anything else, is entitled to take the law into his or her own hands. There is only one law for all of us and nobody is above the law or beneath the law. Those people ambivalent about upholding the rule of law must take the blame when people go into judges' chambers, produce guns and take them captive.

We have to respect the Judiciary. We are surrounded here by gates, security, police, etc. The Judiciary, in the main, are not. Judges operate with a presumption of respect from the people who come before them. There are not guards in every courtroom, nor are massive security cordons thrown around them. Judges, men and women, stand up to administer the law under the Constitution. It is a sad day if we as a society dilute respect for the rule of law and leave people in circumstances where they are bludgeoned by baseball bats, on the one hand, or taken captive at gunpoint, on the other. This is a sad day for our democracy.

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Senators

Hear, hear.

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Paul Coghlan An Leas-Chathaoirleach Fine Gael

Well said. I call Senator O'Reilly.

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