The Gazette 1972

He added that it was important to remember that on

'he whole question of changes to the Constitution, the

final decision lay with the people of Ireland, but in this

he was confident. Forty years ago, when the bishops

were trying to push a specific line the people weren't

foolish enough to follow as they awaited the time when

'he Church was to purify itself in the ecumenical atmos-

phere of today.

Mr. Austin Currie, M.P.,

dismissed the present Con-

stitution as "an imperfect vehicle to bring about re-

unification. It will have to be scrapped", he said.

United approach essential

He rejected the idea that the introduction of divorce,

contraception and abortion in the South would in any

way bring Northern Protestants into a thirty-two-county

Ireland. "They are not all anxious to be Protestants in

Durex Republic," he said. Never, either in public or

in private, had he heard Unionists seek this. Mr. Currie

^id that the greatest difficulty to him and his colleagues

in the North was brought about by Southern politi-

cians making purely political speeches on Northern

affairs and he appealed for a united approach which

would in Southern political circles raise the issue above

'he level of party politics.

Mr. Declan Costello, S.C.,

welcomed the proposal by

'he Taoiseach for an all-party committee on the Consti-

tution. It was, however, a great mistake to think that

legislative changes in the South would end the diffi-

culties in regard to unity.

The present legislation before the Dail in relation to

R;E.C. entry and the related amendments to the Con-

stitution were, he regarded, excessive in their latitude.

He suggested that such proposals should provide exemp-

tion from the Constitution for such laws as were necessi-

tated by membership. (This amendment was sub-

sequently adopted).

Mr. Justice Walsh

referred to a Constitution as a

'Vpe of institution which was usually meant to last for

centuries. In the United States, the Constitution was

now in force for 180 years and it was still yielding

nuggets." It had been said of our Constitution, no

•ater than last Tuesday on television by a very promin-

e n t

politician, that it was enacted for twenty-six

counties. The Constitution itself states the contrary. In

'nis regard, the U.S. Constitution had been enacted

embrace thirteen states, but now was endorsed as

adequate, with its various amendments, for the whole

of the United States of America.

Votes at eighteen open to argument

There were many issues which, he felt, were regarded

as needing a referendum before a change could be

enforced but in some instances this was opn to argu-

ment. Votes at eighteen, he said, represented a demand

for which he thought it was open to argument whether

any referendum before a change could be made was

required.

The Constitution guaranteed as an entrenched right

the granting of votes at the age of twenty-one, but

there was nothing expressed in it to prohibit Parlia-

ment extending this as a statutory right to younger

people. This had already happened in the U.S. On this

issue, Mr. Justice Walsh concluded, the government

could get a decision simply by passing a Bill and

submitting it to the Supreme Court, an exercise which

might save the cost of a referendum.

Similarly, the Courts, envisaged by the Constitution,

were not set up until 1961 so there was room for

argument on the issues of the former Supreme Court

rulings on the Offences Against the State (Amendment)

Bill and other Bills referred to it.

One could argue as to whether the former Supreme

Court, as it existed prior to 1961, had any jurisdiction

to rule on the three Bills referred to it as it was not

the Supreme Court referred to in Article 26 of the

Constitution.

There was also room for argument on the attitude

of the Department of Social Welfare in recently ruling

against the payment of deserted wives' allowance to

women whose husbands had divorced them in the

British courts. Under British law, all that was required

was a residence qualification, but in private inter-

national law more was required.

One had to be domiciled in a country to have a

divorce in that country recognised internationally. This,

in regard to the Irish Courts, could have a particular

pertinence in relation to the Succession Act.

In the Offences Against the State (Amendment)

Bill case in 1940, said Mr. Justice Walsh, the ruling

of the former Supreme Court, in relation to Article

40 (4) (1) of the Constitution, was that one could be

detained according to law only if the law was con-

stitutionally sound.

The Solicitors' Benevolent Association

The Association, which operates throughout the whole of Ireland, cares for Solicitors, their

wives, widows and families, who have fallen on hard times.

Last year over £4,300 was distributed in relief. Additional subscriptions, donations and bequests

are urgently needed to continue and extend the Association's work.

The active co-operation of the profession in the Association's good work is asked for, and all who

are not members are urged to join without delay.

Membership subscription £2.10 (or £2.05 if admitted less than 3 years) a year.

£15.75 life membership.

Address:

SECRETARY, Solicitors' Benevolent Association,

9 Upper Mount Street, Dublin 2.