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Speech by the Taoiseach Mr. Enda Kenny T.D at the Launch of Constitutional Convention

The convening of the Constitutional Convention is a significant, historic event in the political and democratic life of this country.

The Convention is a new and stimulating means of examining Constitutional reform.

One which puts the people in their proper place at the very heart of the process, because it is to them that the Constitution of our country belongs.

Central to our identity as a nation.

Central to how we govern.

Central to how we protect the rights, the freedoms of our citizens.

With this Convention for the first time then ordinary citizens will work side by side with elected representatives from North and South to examine together Constitutional reform.

It is work that cannot and should not be taken lightly.

It is 75 years since the people endorsed the Constitution, the groundwork for the document laid by Michael Collins and the 1922 Constitution Committee.

Within a short period of its adoption in 1937, Europe then the World were at war.

During this turbulent period the Constitution provided a very important foundation for what was still a fledging State, a State which itself had only recently emerged from both a War of Independence and a Civil War.

Overall, the Constitution has stood the test of time in setting out the basic architecture of our State and indicating some of the values and principles by which we the people of Ireland wish to live.

However, the country has changed a great deal since the 1930s.

Europe has not only reverted to peace but has itself established laws and institutions to ensure that the events of the 1930s and 1940s are never repeated.

As a society, our values and mores have also changed – most would agree for the better.

The Constitution has changed with us too.

Seeing over 20 amendments since 1937.

Interestingly in the first 35 years of its life there were only two amendments, one brought about by the War in 1939, the second in 1941; an omnibus proposal amending a number of Articles in the light of experience since its enactment.

During the 1970s and 1980s, there were nine amendments.

Two related to our membership of the European Union as we took our place at the centre of European affairs.

On New Year’s Day we will once again assume the Presidency of the European Union. The 40th anniversary of our Accession to the EU.

Changes adopted in the 1970s and 1980s reflected our new openness and changing values as a society.

The right to vote at Dáil elections was extended to certain non-Irish nationals.

The voting age was reduced from 21 to 18.

You of course are being asked to consider whether the voting age should be further reduced to 17.

During that period the people removed the special position of the Catholic Church.

A change was also made relating to adoption and to the protection of the unborn.

The pace of amendment increased further in the 1990s and into the new Millennium.

A significant number of amendments arose from our membership of the EU, while others reflected further change in social values, including the passing of a Divorce referendum.

While mercifully it had not been used for a long time previously, the Death Penalty was finally removed from our Constitution in 2002.

An enormous milestone was the referendum in 1998 on the Good Friday Agreement.

The success of that referendum and of its counterpart in Northern Ireland transformed relationships on this island and indeed between Ireland and our nearest neighbour. By any standard it marked a sea-change in Irish history, and in British history too.

That short history lesson suggests that as the pace of Irish life increases – and values of society with it – there is a need more than ever to keep our Constitution under review, to keep it relevant and inspiring.

From the outset in declaring our intention and desire to be a reforming government we committed ourselves in our Programme for Government to a considerable programme of Constitutional reform.

In our first 20 months we held four referendums.

 Three of them in fulfilment of commitments in our Programme for Government.

We also intend to hold referendums on abolition of the Seanad and on reform of our Courts system.

But we also wanted to institute a new dynamic in relation to consideration of Constitutional change.

This Constitutional Convention is an important and exciting step in a process to better equip the Constitution to meet the challenges that we face today and for the future.

It represents an entirely new approach to examining constitutional reform – one never tried before in Ireland.  

The Constitution belongs to the people.

It has a real and direct impact on all our lives, so it is very appropriate that citizens themselves should play a part in the process of considering constitutional reform.

So this Constitutional Convention is principally a people’s convention.

It will provide a means for citizens who ordinarily might not be familiar with how policy or laws are made to work alongside elected representatives and to have a direct input into the process of considering constitutional reform.

I warmly and personally welcome each one of you and I thank you for your participation.

You will be joined in this work by representatives from the Northern Ireland Assembly.

I heartily welcome and thank you also.  

The Good Friday and the St. Andrews Agreements are fundamental to the changed relationships on the island of Ireland and between Ireland and Britain.

It is absolutely right not merely correct  that elected representatives from Northern Ireland should be part of the Convention and that the Convention itself, in carrying out its work, should have due regard to the principles enshrined in the Agreements.

The Convention must be representative of Irish society generally, and not just particular viewpoints.  The whole point of a people’s convention is to entrust ordinary citizens and democratically-elected public representatives to weigh up the evidence, to exercise their judgement, and to use their wisdom and life experience together to arrive at reasoned, informed recommendations on the matters before them.

I am conscious of course that there are people and organisations outside of the Convention who will have valuable insights and information to offer and they no doubt can be of great value in helping you to reach conclusions and in making recommendations.

I am sure you will wish to hear from a broad spectrum of opinion in considering the matters before you.

The Constitutional Convention also provides an opportunity for a wider more inclusive form of democracy.  

It has the potential not only to engage you, but also to promote and stimulate a wider, bigger conversation.

 We, the Government, would strongly encourage that wider debate.

We are equally anxious that there be active engagement from Irish people abroad.  

To facilitate as wide an engagement as possible, I understand that much of your work will be done via a new website.

And that it is also planned to put on this website your working papers and the various submissions you receive.

Your meetings will be webcast live, which in itself is a new and valuable development.

Over the next year, you will consider a wide range of questions.

It is a significant programme of work.  

You will look at critical political questions, such as the reform of our Dáil electoral system, as well as important social issues, such as the role of women in society and whether there should be provision in our Constitution for same-sex marriage.

Once you have completed this body of work, your terms of reference allow you to consider other matters as you deem appropriate.

It is important that when you have completed your work, it is responded to in a timely and considered manner.

Too often in the past, Constitution review groups laboured to produce excellent reports which were then left unread on an anonymous shelf.

This will not happen with your work.

We in Government have made a formal commitment to giving a public response, through the Houses of the Oireachtas, to each recommendation from the Convention within four months of receiving it.

Indeed, if government accept a recommendation that the Constitution should be amended, our response will include a timeframe for the holding of the necessary referendum.

Before making our response, we will of course fulfil the obligation that every Government has in considering proposals for constitutional reform: first, to consider the proposal itself carefully; and secondly to ensure as far as possible whether its purpose can be achieved without leading to unintended consequences.

Your Chairperson will play a key role in ensuring the success of the Convention. The Government were conscious from the outset that a person of exceptional ability was needed to perform this important function.

Tom Arnold's strong personal commitment and qualities make him an ideal choice to chair the Convention.

Tom has significant experience of public administration, as well as an international reputation.

He will bring to the task a wealth of management experience as CEO of an organisation that spans the globe.

But he will also bring to it the essential qualities of compassion, empathy, kindness and judgement.  

Indeed, I would like to pay tribute to Tom and the secretariat team for the enormous amount of work they have already put into preparing for this day.

The Government is very pleased that he accepted our invitation to chair the Convention and I am sure you will all join with me in wishing him every success in this important role.

Conclusion

The last few years have been difficult ones for Ireland but from our challenges I am determined we will make our opportunities.

 The putting in place of this new, exciting process for considering constitutional reform – one which directly involves our citizens working side by side with their elected representatives in developing reform proposals – represents a significant opportunity.

Active citizens are essential for democracy and the democratic process. Ultimately, our democracy depends on the willingness of individuals to perform the duties of citizenship.

As the Constitution itself says “Fidelity to the nation and loyalty to the State are fundamental political duties of all citizens”.

You who are participating in this Convention have shown a willingness to go well beyond the fulfilment of that important Constitutional obligation, by giving a significant proportion of your free time over the coming year to the work of the Convention.

On behalf of the Government, therefore, I thank you all once again for agreeing to become involved with the Convention and I wish you well as you undertake this important mission on behalf of the people of Ireland.