The Gazette 1972

believe that the insertion of such a declaration in a

revised Constitution would be most beneficial.

Human

Rights Conventions should be ratified

Dr. Hillery, the Minister for Foreign Affairs, speaking

in the Dáil on 10th March 1971 is reported to have

said that the establishment of full fundamental rights

and freedoms for everyone, irrespective of religion or

political opinion, was "a standard against which we

should consciously measure our policies in relation

eventually to the country as a whole, as well as to their

performance in the twenty-six counties in the mean-

time." These views are fully acceptable but why has the

European Convention on Human Rights, which Mr.

Seán MacBride described at a recent meeting of this

Society as "a cornerstone of our civilization even more

important than Magna Carta, the American Declaration

°f Independence, or the French Declaration of the

Rights of Man" never been made part of our municipal

law? The Chief Justice the Hon. Cearbhaill Ó Dálaigh

has suggested that personal rights in Ireland might be

more clearly stated and in some important fields exten-

ded if we were to make this Convention and several of

the United Nations Conventions part of our municipal

law. The United Nations Conventions referred to are

the International Convention on the Elimination of all

forms of Racial Discrimination, the International Cove-

nant on Civil and Political Rights and the International

Covenant on Economic, Social and Cultural Rights.

Mr. Seán MacBride has said that "our failure to ratify

Human Rights Conventions and to participate actively

m the United Nations on Human Rights issues has put

mto question our sincerity when we profess loudly our

tachment to the ideals of human liberty—and when

appeal to that organisation to intervene to protect

Hvil liberties in Northern Ireland." He continued: "Is

the feet dragging which is so evident in our behaviour

human rights issues due to a deliberate policy or is

Jt due to sheer negligence? These are questions which

ust be answered."

Prohibition of divorce an infringement of religious

liberty

. It is felt that the problem of religious liberty, which

extremely important in the Irish context, cannot be

ignored. The Vatican II

Declaration on Religious

Liberty

declared that all men are to be immune from

coercion on the part of individuals or of social groups

nd of any human power, in such wise that no one is

to be forced to act in a manner contrary to his own

beliefs, whether privately or publicly, or whether alone

0 r

in association with others within due limits. It is

submitted that the prohibition on divorce in our Consti-

tution is forcing people in this country to act contrary

to their beliefs and is an infringement of their right to

toligious liberty. One cannot just argue "that civil

divorce is evil and one cannot have a right to what is

^ d " and say that is the end of the matter. The pro-

ponents of divorce do not believe the basic premise that

divorce is evil.

Undoubtedly fundamental rights must be protected

y effective procedural measures. Judicial review of

gislation is essential in this regard and must be re-

f i ned more especially in a united Ireland.

A Constitution for a United Ireland

Recent events .such as the burials which were taking

Place of the thirteen civilians who were murdered in

e r r

y on Sunday, January 30th, have influenced this

Part of the paper. That Sunday was another black day

l n

Anglo-Irish relations and one may well ask the ques-

tion : Will the English ever learn ? Our past has demon-

strated quite clearly that direct rule of all Ireland or

part of it was doomed to failure and that the artificial

situation created in part of Ulster has been a disaster.

The Government of Ireland Act 1920—the so-called

constitution of Northern Ireland—was admirably de-

scribed by the late Mr. Justice Gavan-Duffy in

Cogan v

Minister for Finance

(1941) I.R., as "A statutory abor-

tion of December 1920 sardonically entitled 'An Act to

provide for the better government of Ireland'." The

only logical final step remaining, and one which the

English have never tried, is to clear out of Ireland

completely. It would be well-nigh impossible to devise

any solution to the problems in the bix Counties but

the type of Constitution which ought to be adopted by

a united Ireland deserves consideration. I advocate a

Federal Constitution with a Central Government and

regional parliaments for the four provinces. I empha-

sise the necessity for regional parliaments because of the

special problems which exist in each of the provinces

and because it would seem that if these problems are to

be solved by anyone the best people to try to solve them

are the people of the region with the aid and encour-

agement of the Central Government An example of the

problem is "the West"—a solution to which is most

likely to be found by the people of that region with the

co-operation of the central authority. These regional

parliaments should consist of a single house. In a

country of our size it would not be realistic to have two

houses for each region. The Central Parliament should,

however, contain two houses—a Dáil and a Senate.

Undoubtedly a second house is valuable for delaying

hasty legislation. The Dáil should be the more powerful

assembly but the Senate of a united Ireland should

have greater powers than our Senate, which, as it exists,

is a sham and ought to be either revised or abolished.

It should, as has been suggested, have a delaying power

of at least a year, sit for the same length of time as the

Dáil and have greater powers of amendment. A united

Ireland Dáil I would envisage as consisting of 200

deputies elected on a basis of proportional represen-

tation for a maximum of four years. To be eligible for

election to the Dáil one should have attained eighteen

years and in the case of the Senate thirty years. A united

Ireland Senate should consist of 90 senators elected

for a period of six years with a third retiring every two

years. Of these 90—there should be two elected from

each county on a proportional representation basis, six

elected from the universities and twenty vocational seats

of whom at least ten ought to be elected direct from

the registered nominating bodies.

There would be no need to draft a Bill of Rights for

this new Constitution—what I suggested earlier in

relation to the 1937 Constitution would be sufficient.

The Supreme Court and High Court could retain their

present roles but I would envisage the establishment of

Regional Courts in the provinces to supersede the func-

tions of the present County or Magistrates Courts and

the Circuit and District Courts.

The other large problem facing the Irish people at

the moment is the possible advent of this country into

the European Communities. While I am strongly

opposed to E.E.C. entry, this paper is concerned with

the Constitution and the E.E.C. and not the merits or

demerits of entry.

Implications of entering the European Community

The Third Amendment to the Constitution Bill 1971

which was introduced to enable Ireland to join the

three European Communities although short is open to

criticism. It now permits the adoption of any law or