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Dáil Éireann debate -
Wednesday, 22 Nov 1995

Vol. 458 No. 6

Ceisteanna — Questions Oral Answers - Divorce Referendum.

Mary Harney

Question:

1 Miss Harney asked the Taoiseach his views on whether the outcome of the divorce referendum will have an impact on North-South relations. [17225/95]

In my public statements on the divorce referendum, I have made it clear that our civil law should no longer refuse any possibility of remarriage to those whose beliefs permit it. The Irish Constitution places a heavy burden of responsibility on its citizens. In the case of the forthcoming referendum in particular, it requires them to balance their opinions and feelings against those of others and to take special account of the views of minorities. These considerations are important in the context of relationships on this island.

Does the Taoiseach share the view of Archdeacon Linney of the Church of Ireland who said that if the divorce referendum was beaten, it would undermine the position of moderate opinion in Northern Ireland.

Moderate opinion both here and in Northern Ireland is seeking a structure of Government and a constitutional expression which respects the rights of minorities and minority viewpoints. Successive Irish Governments have been seeking a new constitutional dispensation which respects the minority view and allegiance in Northern Ireland. If we are to make that case with conviction on behalf of the people of this State, we must show that when it comes to a difficult decision like this, the people of this State are willing to show the same respect for the conscientiously held views of minorities that we would wish a majority in Northern Ireland to show to the conscientiously held views of a minority there.

Will the Taoiseach further agree that a "No" vote in Friday's referendum will be music to the ears of people like the Rev. Ian Paisley and extreme Unionists who follow the "not an inch" strategy, who do not wish to adhere to the principle that minorities have rights in any civil society and continue to maintain the majoritarianism approach which they have always demonstrated in Northern Ireland? Is the Taoiseach concerned that a "No" vote on Friday will be seen by them as something to celebrate because they will feel they will not have to adhere to minority rights in their jurisdiction if they are not given here?

I would prefer not to become involved in a discussion on the views on any individual personalities in Northern Ireland politics. The views I expressed about us showing respect for the rights of minorities is sufficient in itself as an argument for a "Yes" vote.

Our concern, as a people, for the rights of minorities is not confined to concern about Northern Ireland. Ireland seeks throughout the world to show respect for minorities, which is why we have earned a reputation as a peace keeping people. It is equally important we recognise that Irish people, in their daily dealings and in the way in which they relate to others show tolerance, respect for minorities and respect for difference in our social interactions. That is part of who we are and our Constitution should reflect that and not something different.

This society must determine the right to remarry issue for itself. Does the Taoiseach agree that the rights of minorities is a key issue and there is a growing consensus that the spirit of majoritarianism in both parts of Ireland has had an unfortunate effect for all on this island over the decades? Does he also agree that the decision taken on Friday will indicate whether we are prepared to take seriously the rights of the many minorities in this State? We cannot dodge that question.

I heartily agree with Deputy Ahern. If we are looking for reconcialiation in all areas of life, majoritarianism and the simple application of a rule for all does not work. It does not promote reconciliation, does not respect the dignity of each individual and does not adequately regard the fact that responsible citizens are able to make important decisions for themselves in their interests and that of their children without having a rigid law laid down in the Constitution which must apply with all the sanctions of the State behind it in every conceivable situation.

The Catholic hierarchy said at the New Ireland Forum that it would raise its voice to resist any constitutional proposals which might infringe and imperil the civil and religious rights and liberties cherished by Northern protestants. Given that statement, is the Taoiseach surprised at the stance it has taken in this debate?

I strongly defend the right and obligation of each and every church to comment on public affairs. It is important that the view of the Catholic Church, and other churches, should be heard on public matters. It is also important to recognise that there is a distinction between the role of a church and the role of the State. A church is a voluntary association. People are free to be part of it and follow its teaching or not. The State is a compulsory association and people have no choice but to follow the rules laid down by it. Therefore, the criteria used in deciding whether something should be church law should be different from those used in deciding whether something should be State law. In the case of church law, people have the freedom to be part of the church or not. In the case of State law, people have no choice but to abide by the law or leave the State. You cannot transpose the teaching of any church into State law. There is a clear distinction between the function and role of the two institutions. Though equally important they are different.

The Taoiseach's comments are reasonable. Will he dissociate himself from some of the comments made by the Minister for Social Welfare in his personal attack on members of the Catholic hierarchy?

The Minister for Social Welfare said that certain statements were inaccurate.

He did not use those words.

If a person believes a statement to be inaccurate he has every right to say it is inaccurate. We have not reached a point in our democracy where anyone is above contradiction. I am not above contradiction and, equally, those who rise to eminence in other spheres of life are not above contradiction.

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