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Dáil Éireann díospóireacht -
Thursday, 2 Nov 1972

Vol. 263 No. 3

An Bille um an gCúigiú Leasú ar an mBunreacht, 1972: An Dara Céim (Atógáil). Fifth Amendment of the Constitution Bill, 1972: Second Stage (Resumed).

Tairgeadh an cheist arís: "Go léifear an Bill an Dara hUair anois."
Question again proposed: "That the Bill be now read a Second Time."

I was dealing with some aspects of this proposal when the debate was adjourned. Having listened to the debate from the outset, I found that, as is usual in such debates, some speakers over-indulged, as was their right, in history; other speakers were more inclined to dwell on certain parts of history which would be taken, I suppose, in the context of a Bill such as this to amend our basic law but which at the same time did not, I think, add anything to the aim of this House, namely, to make a start in amending our basic law as a sign that we are prepared to go along the road with those who do not think in the same way as we do, amending our basic legislation in order to promote a spirit of reconciliation.

Some speakers made the charge that the Hierarchy came into this and that, in effect, we in this House would be subject to the Hierarchy in this regard. I do not think that in my time in politics or in the time of most people in this House the Hierarchy ever interfered to prevent progressive legislation. If the Hierarchy did interfere, it was to offer advice in an objective way, it being left to the good sense of the Legislature whether or not at any given time that advice would be accepted. This is my understanding of Dáil Éireann since I became a Deputy. I think it untrue then to say, as one or two speakers have said, that the Fianna Fáil Party as a Government would be more or less subjective to the Church.

This reference in Article 44 set out to recognise the Almighty and proceeded at the time to recognise also the statistical fact that roughly 93 per cent of the population worship in the Roman Catholic Church. It expressed this point of view in sub-article (2) and thereafter proceeded to qualify this expression by going on to deal with other churches and other denominations, and I do not think it could be held to be as divisive as it was said to be by a number of speakers who would be outside this country and deemed to be our opponents. Yet, withal, we are prepared to eliminate those two sub-articles from our Constitution, in the knowledge that we do so with the general consent of this House and, I think, the general consent of all denominations in the country.

It is not then true to say, as was said on many occasions, that we set out to promote or to give a special place within the country to any particular denomination. We have had, today, members of minority churches speaking in this debate and they acknowledged the fact that there was a place here for all denominations, and there is not merely a place here for all denominations when it comes to religion but also a place within the community for the free thinker and for that matter, the agnostic, provided he conforms to the general rule of law of the State. Therefore, in putting certain parts of this Article to a referendum, we are showing our goodwill towards those who think otherwise and we hope it will be a step on what may be a long road to a general reunion.

At the time the Article was introduced Mr. de Valera, who piloted the Bill through the House in those days, had advertence to the fact that 93 per cent of the people of Ireland as a whole belonged to the Roman Catholic Church and believed in its teaching, and their whole philosophy of life is the philosophy that comes from its teaching and therefore he said, and I quote this in a broad general way, that if we were going to have a truly democratic state, if we were going to be ruled by the representatives of the people, it was clear that their whole philosophy of life was going to be affected by that. That has to be borne in mind and the recognition of it is important. We are prepared to believe that the apprehension expressed at the time by lawyers and theologians and certain academics was divided and that it all depended, at the time the Constitution was formulated, on the political philosophy of the individual expressing those sentiments. There was never any cause, so far as I can remember, for undue apprehension on the part of any member of the community.

I am glad to say that quite a number of the minority have taken part in the politics of this country since the State was founded. Perhaps not as many of them as we should have liked to see entered public life here but there was little we could do about that beyond giving encouragement to the minority to participate not merely in politics but in other spheres of life as well.

For my part, whenever I got the chance I always encouraged the minority to enter local politics and to participate in local and central administration. To be charitable in this matter, the Opposition parties also encouraged this. Therefore, we should not read into this amendment any sinister implication. Some people would be inclined to do that but I do not see such an implication in this amendment.

Whenever we had trouble on the Border, whenever there was polarisation of viewpoints, there was always someone in the community to take up the idea of divisiveness and point to this clause of Article 44 as justification. The clause was always quoted out of context without any advertence to the following clauses of Article 44. Indeed, in the course of the years we have discovered that in certain ways parts of Article 44 were more or less in conflict with the common law in the sense that certain people involved in court cases found that its existence was to their disadvantage.

Having regard to that and to the fact that the three parties who make up the membership of this legislature are of one mind on this matter, I think this is an appropriate time to refer it to the people for their decision with full knowledge of the implications of what we are doing, in the knowledge that we are trying to promote reconciliation and unity. Talking about it will do no good. It has been asked in the House why it was not done years ago. Those who put this forward take a superficial view of history here. Those of us who have lived with our political history know of the difficulties encountered in past years. We know that there always have been hardliners both here and on the other side who have tried to step in to take command, to wrest the initiative from the hands of politicians. This has always been an obstacle on the road towards reconciliation and, of course, it is very hard to convince a person that you will be even partially reconciled to his viewpoint if you keep reminding him of the past, if you keep firing shots at him and so forth.

We who have enjoyed 50 years of freedom should not be afraid to go along the road to reconciliation. Anyone adult in politics realises that there will be a long period of reconciliation before there can be any sort of unity. We must remember that the unfortunate people north of the Border have been brainwashed during those 50 years by leaders who knew better but who tried to persuade them that there was no living in any pattern outside the Border. For that reason I say the British Government must bear a fair share of blame for this, but let us for the moment lay that aside and bear in mind that the British Government of the day have made a step forward.

Hear, hear.

Let us come together, then, and see how far we can get on this road. Let us remind those who go back through history that history is the action of people and let us say that some of the leaders of the people in the past were great men in their own way. We can ask people what they would have done if they had been abroad in those days. People would find it hard to explain what they would have done.

I would wind up by saying that we should examine this matter not in a spirit of carping criticism but in the background of a loosening up of attitudes, north and south. Let us begin our journey on the road to reconciliation by hoping we will be able to encourage enough of our people to march along the road with us. If that can be achieved we can deal with the hardliners on both sides.

Deputy Carter regards our action in this House today as a march along the road. I would be more inclined to regard it as a pathetic public confession, a sad occasion. I do not march joyfully anywhere on this particular Bill. I do not think that it can be regarded, to quote Article 1 of the Constitution, as being worthy of the genius and of the traditions of the Irish people. Members of the House must, with humility, place the Bill and the central issue in it in its proper current perspective and, indeed, in its proper historic perspective. Not many Deputies who have spoken have displayed such perspectives.

It has been suggested by some political commentators that the Taoiseach has shown great guile in allowing his arm to be twisted on this matter. It has been pointed out that last week the Taoiseach referred to difficulties in respect of the time scale in holding the referendum and that we in the Opposition, in our clamour for a referendum, have managed to persuade him. It is not worthy either of the Taoiseach or of the House that we should descend to such a level of interpretation of what is a single element of a social principle in Church/ State relations. I cannot see that this matter has anything to do with the Northern Ireland question or with reconciliation. Neither has it anything to do with the stupid and obscene expression used either by the Taoiseach or by Deputy Carter. I refer to the term "statistical expression in the Constitution".

The Bill before us bears no relevance to a settlement of the Irish question. The Article of the Constitution with which we are concerned should never have been written into the Constitution at any stage in the evolution of the Irish Republic. The point at issue is that, for party political purposes and in order to win a general election simultaneously in 1937, the then leader of Fianna Fáil decided to railroad this Constitution through the ballot box. He succeeded in doing so but only by a very narrow majority. In doing so this distinguished Irishman made one of the major mistakes of his political career and he did not make many such mistakes. This was an error that should have been rectified as a matter of urgency but until now successive Governments have failed to do so. It can only be described as a scandal to have given explicit de facto predominance to one religion within the whole island.

Let us have no public confessions from individual Deputies as to what they might have done if they had been here in 1937. At that time I was only two years of age so I can claim exemption but, unfortunately, it has fallen to a new generation to undo the wrong that was perpetrated then. No Government, regardless of how great a percentage of the electorate may profess a particular faith, have the moral, the theological or the political right to give exceptional recognition in a written Constitution to one particular religious group. This matter has been one of political debate down through the centuries and in the evolution of democracy in Europe it has been resolved. At last we are now resolving it. It is to the historic disgrace of Fianna Fáil that they proposed this Constitution but it is important to emphasise that the voting in favour of it was very narrow, the figures being 685,000 to 527,000, in 1937. I have been in public life for the past 17 years and I have yet to meet a member of the minority in the Republic who voted in favour of the 1937 Constitution. Even then the minority were scattered minutely throughout this country. The measure of opposition at the time to the proposals reflected the concern of the people on the issue. It is insulting to the intelligence of the electorate, both North and South, to suggest that the proposed amendment has anything to do with the proposition for a united Ireland.

The enactment of the amendment will not change to any extent the different traditions of this island. I do not think it will lead to a much greater sense of reconciliation. As Deputy Cruise-O'Brien pointed out correctly this morning, the religious minority of this island, North and South, will say to the majority professing the Roman Catholic faith, "Thanks for nothing".

Having made those comments which are strong, as far as I am concerned, we must regard this measure as a small step towards making our society more open, more pluralistic, more voluntary and more multi-denominational in a real sense. Of course, it is a step also towards making our society a truly Christian one. In the long term it will mean a healthier and a more positive relationship between the Irish people of different religious affiliations. I welcome the slow, tortuous changes that are taking place. I welcome the decision of the Irish Hierarchy to sit down in conference with the various other churches. That is a positive step towards better community relations on this island in so far as relationships are affected by Christian beliefs, traditions and practices. The basic framework of Christian attitudes and ideals will be strengthened by an affirmative decision by the people in a few weeks' time.

I do not think the adoption of the constitutional amendment will diminish in any way the better attributes of the Irish Christian tradition from which much of the basic fibre and structure of Irish society is derived. I do not think the adoption of the constitutional amendment will dilute the impact of that tradition. Of far greater danger to that tradition is the sectarian hatred and the political violence in Northern Ireland between fellow Irishmen and women. This hatred and violence has not only weakened that structure; it has made it almost totally obsolete in the frenzy of hatred and viciousness between people.

In relation to the views of individual Catholics in the Republic and in the North, it is important to point out that modern social Catholic philosophy no longer favours—as it did in the 1920s and 1930s—a very closely written formal Church/State relationship in the Constitution. This is no longer sought or required. I think the more flexible provisions we favour now will also find favour with the Catholic theologians who may comment on the constitutional amendments in the coming weeks. I have no doubt their views will coincide with the body of responsible opinion in this House.

The fact that we are holding a referendum needs comment. There is a danger, and I am sure the Minister for Transport and Power will agree with me, that referenda can easily deteriorate into party political exercises. It would be a tragedy if this should happen in this instance. Referenda are essentially questions to be decided collectively by the people. In relation to a constitutional amendment which could be said to bear considerably on the individual conscience, the politicians' obligation is to put the opportunity to the people, to provide the opportunity for a free decision in the light of each person's conscience and, having granted that opportunity, we should not regard the matter as a party political issue. We should exercise extreme care and moderation in our public comment in relation to the referendum. We should not allow it to become, as it may well do, a party political football.

I hope the referendum will not be availed of by the rather negative small minority who are obsessively anticlerical, largely because they are incapable of thinking in a positive way. Such people may avail of this occasion to indulge in denunciation of individual churches or snide reaction to the fact that the referendum is being held or may resort to unfair comment on those who devote their living to the spiritual ideal and to personal service to the community, North and South. Politicians should urge that the greatest restraint be shown in the presentation of the options open to the electorate on this occasion.

In recent days some individuals have been clamouring for a parallel referendum in the Republic in relation to the two questions which the British Government will put to the electorate in the North of Ireland. It would be illuminating and interesting to speculate on the result of the referendum we are holding if we asked the British Government to arrange for a parallel exercise in the North of Ireland. I do not think we would be under any illusions about the result of the referendum. I do not think there is any need to labour the point in respect of such counter-productive exercises.

Before concluding, I should like to make three or four points. First, I wish to express my disappointment at the typically smooth introduction of this amendment by the Taoiseach. The Taoiseach is so smooth in his presentation of problems that I get the shivers. I see in this referendum Bill what I would describe as the "Jack Lynch scenario for a united Ireland"

The Deputy must refer to the Taoiseach as The Taoiseach.

For the past four years and particularly in relation to Article 44 of the Constitution, the Taoiseach's scenario runs on the basis that we will sit down with those enlightened Protestants of Northern Ireland, now that they have been bombed into submission. Needless to remark, this has nothing to do with Fianna Fáil but, the Fianna Fáil Party are not averse to reaping the benefits of such an occurrence. Of course it is entirely coincidental, entirely fortuitous and, of course, nobody throws a lovely red apple out of the window if it happens to land in his lap, even if it is a by-product of 650 dead and 7,000 or 8,000 injured fellow Irishmen and women, many of them British citizens as well.

The Taoiseach's proposition has been and still remains the same. In reply to a Dáil question this afternoon he said that future relations could be a matter of negotiation. I have no doubt that, when he comes to write his political memoirs, he will write that, were it not for the twisting of his arm indulged in by the Opposition in 1972, he would of course have wished to defer Article 44 to his longer timetable, and would have sat down with those recalcitrant individuals in Northern Ireland, and with Ted Heath, in this mirage of quadripartite talks which will go down as the greatest non-event in Irish political history. When the politicians in Northern Ireland cannot even sit down together what hope is there of the politicians in the Republic, in Northern Ireland and in Great Britain sitting down together? This is the kind of nonsense he indulges in.

The Taoiseach's scenario will be that he would have been quite prepared to delete Article 44 and quite prepared to envisage a Constitution for a new Ireland. I fully support him when he calls for a "minimal document", a document "which would not demand any agreement on broad philosophical assumptions". It is about time that he brought out of cold storage this new Constitution. If our new Constitution is to be such a "minimal document" and if it has already been prepared—and the outline and essential features of this Constitution have already been prepared; as a Member of the Opposition I am aware that a great deal of work has already been done on the Government side on a new Constitution—why is it being held in cold storage? Meanwhile people die, meanwhile people are injured; and meanwhile so-called chiefs of staff of so-called army councils strut around the city with their Gauleiters guarding them in full view of our own security forces.

Is the Taoiseach serious about his vision for a future Ireland and has he any serious respect for the report in 1967 of the committee on the Constitution, a committee including the names of Deputies now dead and gone? The late Deputy Don Davern, Deputy Seán Lemass and Deputy Gerry Sweetman were members of that committee and contributed well to that report which pointed out the need for a new Constitution. The Taoiseach is not prepared to come forward. Rather he allows his arm to be twisted in relation to Article 44, and we get no further than that. I regret to say that this holding back for the ultimate negotiations, this ultimate one might say three-card trick of reunification which, in my opinion, is not "on" in the context of the Taoiseach's thinking, is not likely to bring about peace, reconciliation or reunification within the lifetime of my children. He must think in terms of that time-scale rather than thinking about how many votes he will get in the general election next March or next April.

What is at question is what kind of vision Deputies have of a future Ireland. Not many visionary concepts were explained here today in the Taoiseach's speech. Very little has been forthcoming from the Government side, apart from what I would call retrospective exculpation of a wrong done in the 1937 Constitution. We should not be under any illusion about some of the visions which still exist. Deputies have visions, so far unexpressed in this debate. Many people in the country have visions. Deputy J. Lenehan went very close to the mark when he made it quite clear that he was not in favour of national unity and did not want to have anything to do with the "shower" in Northern Ireland. So he said. He used the classical phrase, the good racialist phrase, that he did not want any cross-breeding in this country. That is a very thought-provoking comment. His is the vision of a very narrow introverted Ireland. In fairness to those who may have a rather exclusively Catholic vision of a future Ireland, perhaps theirs is more honourable than the viewpoint expressed by Deputy J. Lenehan.

But there are those whose vision of a future Irish society is still rather exclusively Catholic in social and political affairs. The Fianna Fáil party are exclusively Catholic still in the context of their attitude towards the draft Bill on contraception.

The Deputy may not deal with that matter. We must stay on the Bill before the House.

I was giving an illustration. I will not press the matter. It looks as if that view is a diminishing block of opinion in the whole of Ireland. We must also state the reverse. There are those who have an exclusively Protestant vision of life in Ireland in all its manifestations, political, social and administrative. They too have been exposed as advocating a form of sectarian cul-de-sac mentality. There are those who have what one might call a pure Sinn Féin vision, a very narrow Catholic vision, a very narrow and ultra-Republican vision of society, and who rely extensively on selective interpretations of the writings of the dead leaders. They too finish up in a sectarian blind alley. This is a trap into which this House must not fall.

There are also those of us—I would hope a growing majority in the country, and I would hope a growing majority in Dáil Éireann—who see a future Irish society in the context of adopting this Bill, and who see a future Irish society which would be very specifically Irish in many ways, which would be Irish in its origins and in its traditions in the best sense of those words, a society which would be truly Christian. The adoption of this Bill and an affirmative vote in the Referendum will lead us along that road. We will not be marching along it as Deputy Carter says, but we will be going along it.

It is essential therefore that we adopt this Bill and fully support it. By doing so we may in the long run restore some of the international respect which this country had in the world in the past, and which we will have to fight very hard to regain in the future. The reputation of Ireland either as a political entity, or as a partitioned country, or as a Christian people, was never at a lower ebb on the international scene than it is today.

Our future society must draw on the very mixed cultural, political and spiritual origins of the peoples of this common land. It will have to draw on all that is best in both the Catholic and the Protestant traditions. Our removal of these sections of Article 44 from our Constitution will most certainly be an immeasurable step forward in that direction. Our Constitution must not be exclusively oriented towards any one sectional interest, religious interest or tradition. I say that as one who comes from what might be described in the South of Ireland as Catholic and Republican stock. I admit I have been slow in my political assessment of affairs to reach the conclusion I did, but the elementary demands on sanity, peace and reconciliation on the part of Irish men and women North and South must prevail over any other approach I might have personally.

The approach so far in this debate has been a broad one on the part of most speakers. The debate has been what one might describe as a political ecumenical debate. The approach so far seeks to put the history of the country behind us and define a new approach towards a new Constitution and a new Ireland. We must not lose the opportunity now of building on this new constitutional approach. It would be a tragedy if we were to lose it. As a result of our work here today we shall see a definite movement towards a new Ireland, towards a new Constitution for the Republic in the short term and ultimately a new Constitution for the whole of Ireland. I would strongly urge all Members of the House to support this Bill. I would strongly urge the electorate to vote "Yes" when given the opportunity to do so. We have had no such opportunity as this since 1937. It is now 1972. A democratic right is now being offered to the electorate and it would be a tragedy for the future of this country and its people if the electorate failed to exercise that right.

We are at this moment debating this matter as part of the tragedy of the division of Ireland. The fact that we have in our Constitution such provisions as this is a reflection of the way in which the devision of Ireland encouraged both parts of it to develop along introverted lines and not in their inter-relationship on the kind of lines on which the country could have developed had it not been divided 50 years ago. Both parts of Ireland have suffered as a result of this. The ill effects of that division have been, I think, more obvious in Northern Ireland and the sufferings of the people there have been greater but, in a curious way, we have ourselves done more to move away from Northern Ireland than Northern Ireland has done to move away from us.

The provision this Bill seeks to delete is part of a process of dividing Ireland which we in this part of Ireland indulged in unconscious, perhaps, of its effects in the early decades of independance. In fact, if you look at Northern Ireland and its laws and practices you will find that what is wrong there is not that Northern Ireland cut itself off from us by the decision to opt out of the new state in 1922, not that Northern Ireland began to turn itself into a sectarian State, but that it kept in existence laws and practices which had been there at earlier times and which became intensified when a local majority gained power over their own internal destinies in that part of Ireland. They did not enact laws which cut them away from the rest of us. There were changes in legislation in Northern Ireland which differentiated Northern Ireland from us. Some of these were quite constructive. They had an evolution in the educational sphere which was in many ways a healthier one than ours. But, apart from certain changes of that kind, the main differences that exist between the laws of these two parts today in sensitive areas are ones that arise from our legislation.

It was we who decided to create a different kind of society here, a kind of society incompatible with that which existed in Northern Ireland. They can be faulted for failing to change old laws that were bad laws, for abusing their laws and abusing the powers given to that local majority; but it is we who have, in fact, done the legislating to divide Ireland rather than they. This process goes back quite a long way. It must be said that in the early days of the new State there was a firm determination to maintain a non-sectarian position here. Our first Constitution had no sectarian provisions in it. Some one alleged that this was attributable to the fact that there was a British influence on what that Constitution contained. If that is the case, then it was a good British influence if it restrained sectarianism, but I do not think we needed that British influence. I do not think that in those early days of the State, if we had been completely free to enact our own Constitution, if we were not tied by the terms of the Treaty, as that Government at that time was, we would have enacted a Constitution which would have contained sectarian provisions.

The atmosphere of that time was one of great goodwill towards the minority. The minority were given a very powerful place in the Seanad of the new Irish Free State and the rights and property of the minority were protected against sectarian attack. Let us be clear about this: sectarianism, involving attacks on property and people, has not always been completely confined to Northern Ireland. There was a period when the fact that a house in the country was owned by a Protestant was enough to condemn it to destruction. I have a letter in my possession addressed to the Chief of Staff of the IRA pleading that a certain house be spared from destruction because the owner, although a Protestant, was well disposed towards Republicanism. That letter was written in County Waterford, not in Northern Ireland. Our Government at that time set its face resolutely against sectarianism and created a state which, in its laws and practices, was one that would bear favourable comparison with the State from which it had cut itself away.

Let us be clear, as we accuse ourselves of having moved in a sectarian direction in a certain period, that we had a very good example from the other side of the Irish Sea because Britain today has laws and practices which involve a degree of establishment of a certain church and limitations on the religious denomination of certain high offices of State which remain, at least theoretically, in the Constitution and have never been repealed. These are anachronisms from the past. One could understand anachronisms continuing; people are not very concerned about them if they do not impinge directly on their liberties, but we cannot easily, I think, forgive ourselves in that we did not just inherit anachronisms; we created anachronisms in the 1920s and in the 1930s. After that early period there was a drift towards creating a different kind of State. Some things were done even in the 1920s which were the kind of things which would not have been done if this were a single, united country.

There was the attitude taken up by the Government at that time in regard to the question of divorce. It became an issue in Parliament in 1925. Had this been a single united State, I do not think the Government would have taken up quite the attitude they did. There was other legislation introduced, such as the Censorship of Publications Act. I do not think such an Act would have been introduced if this had been a united country. The main weight of this type of legislation, tending to create a State modelled on the principles, outlook and attitudes of one religion came later and it is interesting to speculate as to why it came. Why was there this movement in this direction, a movement towards a certain sectarianism in the 1930s? I think the roots of it go back into the 1920s. We see them in some of the statements of people on the other side of the House. But the blame is shared here. I have said there was certain legislation introduced in the 1920s which might not have been introduced and which did not reflect the kind of legislative outlook there might have been in a united Ireland.

But it must be said that the main problem arose in the 1930s. It arose when a new Government came to power which had already indicated a certain attitude of mind which showed its predisposition in this direction. There were certain statements made before 1932 by that party. There was, for example, the claim by one leader of Fianna Fáil that it represented the big element of Catholicity, an attempt to take to itself the mantle of Catholicism, become a Catholic party, a curious statement.

There were the accusations against the Cumann na nGaedheal Government about being in league with the Freemasons, a sectarian type of accusation, which was certainly unfounded but indicated an attitude of mind on the part of those Members of the Opposition who made this accusation. There was also the criticism of the Government of the day because it had not consulted the Hierarchy of the Roman Catholic Church before entering into negotiations with the Vatican about the establishment of a Nunciature here, again a criticism from a particular viewpoint which was designed to give an impression of the attitude of that party. Finally there was that disgraceful case of the appointment of a librarian to Mayo County Council where the Government had to intervene to prevent an attempt locally to make the appointment on a sectarian basis and where the Fianna Fáil Party, supported on that occasion, I regret to say, by the Labour Party, tried to appoint a Roman Catholic on the grounds that no Protestant should be allowed to be a county librarian.

That was in Mayo?

Yes. On that occasion the Cumann na nGaedheal Party stood against a certain sectarianism which I am afraid temporarily but very temporarily infected the Labour Party as well as the Fianna Fáil Party. You had on that occasion Mr. de Valera's obiter dictum that he thought that, perhaps, in Catholic areas dispensary doctors should not be Protestant. All this is on the record. Then this Government came to power and proceeded to import specifically Roman Catholic attitudes into the Criminal Law Amendment Act, 1935, and then to introduce this Constitution which contains the provision we are deleting today.

There is a whole history there of a development in a particular direction. Historians will speculate as to why that came about. I suspect myself, but it is purely a theory, that that Government coming to power having been in conflict with the Church authorities on political grounds some years previously were seeking to purge their contempt, were seeking to make themselves respectable in the eyes of the Church; if that was the motivation, I am afraid they overdid it, as we can see from this Bill. I am not saying that all the blame is on one side. There was at that period a general attitude of mind brought about by the division of the country which encouraged people of all parties to think in terms of moving towards some kind of Catholic State in which the Protestant minority would be treated tolerably, of course, but as a minority, a bit outside the Pale: "We will be nice to them; we will not do them any harm", but they would not be part of the totality of the State; they would not share in that Catholicity to which a Fianna Fáil leader had referred as being a particular mark of his party in the late 1920s. All groups shared to some degree in that, but the main impetus for that movement came unhappily from Fianna Fáil from 1928 up to 1937.

What we have to do here today is to set something right that was done wrongly at that time by the Government of that time under the auspices of the leader of that time, Mr. de Valera, and which was opposed in Dáil Éireann by certain people, opposed in particular on the matter with which we are now dealing, I notice, by Mr. Frank McDermot, who was then a Deputy of this House and who had shortly before that been the Vice-President of the Fine Gael Party. In a Second Reading speech he suggested to the House that this particular provision was unnecessary and not particularly useful, and he put down an amendment on this subject on Committee Stage of the Bill proposing half of what we are proposing here today, that is, the deletion of subsection (2). He put it to the House that this was undesirable. He quoted an article by Professor Berriedale Keith who said that the subsection in the article in the Constitution — that is the draft Constitution—was what offended most against the idea of the unity of Ireland.

The President, Deputy de Valera at that time, replied in curious terms. He said that if we were going to have a democratic State, if we were going to be ruled by the representatives of the people, it was clear their whole philosophy of life was going to affect that and that had to be borne in mind and a recognition of it was important in that sense.

Deputy Dr. Rowland spoke of the implications of our relations with Northern Ireland. He pointed out that:

The statement here going into the Constitution is unnecessary and may give rise to a suggestion in the future that the Catholic Church, having been specially recognised, is in a position of special privilege as regards giving advice to the State...

And he felt this might create in Northern Ireland a certain resentment in opposition which might be harmful to the cause of unity. Deputy McDermot, in a later intervention also referred to certain dangers which would arise especially in connection with Partition. These warnings coming from the Opposition side were not listened to by the Government of the day. They were not even adverted to. It is interesting that Deputy de Valera, then the President of the Executive Council, in replying to the debate dodged these issues. He did not face up to the implications for the unity of Ireland or for Northern Ireland. He put his support for these measures on very vague grounds. He said:

It was put down only after careful consideration and, I might add, testing——

He did not say what kind of testing.

——as to whether there was anything that was going to cause reasonable objection in any quarter. In the form in which it is I think we can let it remain without any qualms or fears.

Words, which I am afraid, do not read too well today. It is not clear to me why the President of the Executive Council, whose concern for the unity of Ireland we all know of, should have swept these considerations on one side and why he should in this instance have thought that this article was so important that it must go into the Constitution despite what he must have seen, listening to the debate, as obvious dangers as regards national unity.

I should like to add here that the attempt to give some kind of vague special status to the Catholic Church and, indeed, even the reference to other churches is not in any particular way helpful to them. The whole experience of history is that when any church is given special recognition or special status by the State its interests as a religion are not thereby furthered. All that happens is that it is identified in some way with the establishment in people's minds, and its hold on popular support, its hold on the loyalty of its members, may be weakened. In Ireland this has not happened because this provision, as we know, has been effectively meaningless. In Britain the established position of the Church of England does not help it particularly but, if anything, makes people suspicious of it it is that for three and a half or four centuries it has been put in a position of being subject to the Government of the day in the matter of appointments to clerical positions, something highly undesirable. We have avoided that, and, indeed, it must be said that this Article of the Constitution contains other provisions taken over from the previous Constitution which have safeguarded religion in this State from this kind of identification.

I doubt, therefore, if this provision has done much harm; it certainly has not done any good, nor has it done any good in any other way that I am aware of. Certainly people in Northern Ireland who are not concerned with constitutional niceties, who are not in a position to determine whether, in fact, there is any legal decision of a court in the Republic of Ireland that has ever rested on the authority of this particular section, people who are not in the position to go into these abstruse analyses of the situation are clearly liable to be and have been put off from thinking in terms of a closer association with us in this part of the country by virtue of the provisions of this section of the Constitution.

Clearly we need to change this and other things, and one has to ask why we are at this moment concerning ourselves only with this particular section of the Constitution. I am not entirely clear on this and I do not think the Taoiseach explained it very clearly at the outset. He spoke mysteriously about there being common ground on this issue. He did not say common ground between whom but I think he meant the political parties. It might have been wise if he had been explicit on that and not given any ground for suggesting that there has to be common ground with ecclesiastical authorities of a particular church before we can legislate in this House. It is something which is being alleged forcefully at the present time.

It was quite clear that it was common ground between the political parties.

I wanted to help the Taoiseach to bring this out because there is a danger of this being misconstrued and that would be very unfortunate indeed. Already the fact that we are only dealing with this section of the Constitution and that only changes in this section of the Constitution have been the subject of ecclesiastical animadversion—if that is the correct phrase—is enabling people in Northern Ireland to say: "In the South they can change their Constitution only when the Cardinal says it is all right." It is a misjudgment on the Taoiseach's part——

He said: "between the parties".

Who are the parties?

The political parties.

It would be useful to make that clear. There are only three parties in this proposition, the parties in this House. That needs to be made clear to the people in Northern Ireland. It is unfortunate that the only change we are making is one which has had the explicit approval of the head of the Catholic Church in Ireland. That is enabling people in Northern Ireland to suggest, falsely, that we are only willing to change things when ecclesiastical approval is given. As soon as possible that particular imputation should be dealt with. It can only be dealt with in one way—by tackling the whole problem of those parts of our Constitution which are not acceptable to the whole people of Ireland.

This is what we should be doing here today and I am not quite clear from what the Taoiseach said why we are not doing it. He spoke about this common ground between the parties, but is there no other common ground between the parties? I am not clear that there exists a difference of opinion between the parties on other issues of the Constitution. Of course we have not yet had any report of the Committee on the Constitution, but nothing I have heard suggests to me that there have been deep divisions of opinion on other Articles of the Constitution. I am wondering why, if common ground has been emerging in that Committee, we should be now picking on one item where there is common ground and not dealing with others where, as far as I am aware, there is also common ground. I find this "common ground" phrase puzzling. The Taoiseach perhaps would need to clarify it from several points of view.

We need, at this stage, a new Constitution appropriate to a country of mixed religions, a country in which there are in this part of Ireland, as in other parts of Ireland, people of different religious views, all entitled to the common protection of the Constitution, all entitled to equal respect. As Deputy Carter pointed out in an excellent contribution to which I listened with great pleasure, there are also people whom he described as freethinkers, agnostics, people who do not have religious convictions and who are perfectly entitled to that position and entitled to the full protection of the State just as much as people who are members of a particular Christian Church or indeed the Jewish community.

We have a problem here in expressing what we mean when we talk about what we hold in common in this country. At times we speak of Ireland as a Christian country. I myself, speaking 18 months ago at the Ard Fheis of my party in relation to educational matters, made the point—and it received considerable support—that this is not a Catholic country, that it is a Christian country. I realised, as soon as I had said those words, that they could be misinterpreted as seeming to be exclusive of the Jewish community and seeming to reflect upon them. Unfortunately, if one is making a point of that kind you do not make the point as emphatically or as elegantly if you say: "This is a country with Judaeo-Christian ethics. That is not quite the same thing as the more punchy: "This is a Christian country".

Here we can be misled at times by the fact that there is no single word to represent what is common in the Judaeo-Christian tradition. There is only a compound, hyphenated phrase of a rather awkward character to indicate that we in this country share in common, not only among Christians but also with the Jewish community, a common tradition, a common heritage, arising from the Old Testament and that our attitudes, ethics and outlook on life have sufficient in common to bind us together. We need a Constitution which gives expression to this, a Constitution to which not only Catholics, not only Christians, but also members of the Jewish community can give equal allegiance. That will mean fairly considerable changes not confined to this part of the Constitution.

Our Constitution should represent the common denominator of us all. It should protect those rights that are common to all, it should assert those principles that are common to all and it should not go beyond that. Once it goes beyond that it becomes divisive and this is a divisive Constitution, a Constitution which has divided our country more deeply because we are much more deeply divided today between North and South than we were 40 or even 50 years ago. These divisions have been consolidated in legislation and in Constitution making of a kind which reflects a particular local attitude of a particular part of our people who at one period in time were minded, at least their political leaders were minded, to try to create in this part of Ireland a curious phenomenon—a neo-Gaelic Catholic State which would in some way dominate, but very gently and not oppressively, those who did not share the particular idea of a Gaelic Catholic State.

That is what we now have to get away from. It will require a good deal of effort to get away from it because all of us have become, in varying degrees, prisoners of this past. None of us is free from this particular heritage. None of us can really cast his mind back to the way in which people thought 50 years ago, before this movement towards creating a sectarian Constitution and laws here began. We are all influenced by this past. I know this myself because recently in writing a book dealing with these problems and others I was trying to write in a manner which could give no offence to and would not cause any Protestant or person in Northern Ireland to pull up and feel that I had said something which would offend him or surprise him or make him feel there was something unacceptable here. I consciously tried to do this and because of the fact that my own background is half Northern Protestant and half Southern Catholic I think I am in a slightly better position to attempt this than some less mongrel character, as a result of the miscegenation to which Deputy Lenihan referred as an undesirable phenomenon he wanted to stop—cross-breeding, I think he called it. When I asked an eminent clergyman of the Church of Ireland in Northern Ireland to glance through the draft and to give me his comments, in many places he had to point out that I had unwittingly, unconsciously, and unintentionally put things in a way which to a Northern Protestant would seem, if not offensive, at least slightly strange.

So much are we the prisoners of our background that even when we try, with goodwill, to get away from it it is not easy to do. We are all influenced by the history of this country over the last 40 years and inevitably our thinking and the way we express ourselves, even with goodwill, is divisive in character. We must all the time be watchful for this. I notice when I go to Northern Ireland that both Catholics and Protestants pull me up at times when I use a phrase like "this country". Unconsciously we think of this country as the Twenty-six Counties and this is more offensive to Catholics than to Protestants in Northern Ireland.

In introducing this legislation I suppose the Government had in mind in some way to help the situation along in Northern Ireland as well as to rectify something which is wrong in this part of Ireland. Our first concern —I do not mean our main or most urgent concern—must be to legislate in a manner which will create a Constitution which is appropriate to the needs of this part of Ireland at this time. We must do what is right for its own sake. We must also have regard in what we do, and what we do not do, to the implications of these actions or inaction for the situation in Northern Ireland. In Northern Ireland there is a wish today among Catholics and among a certain significant number of thoughtful and moderate minded Protestants to look towards some kind of new Ireland in which they could share. Ill-defined as the idea is—and the words themselves are given different meanings, even adopted by the Provisional IRA, which suggests need for slightly greater precision if they are to retain any meaning—there is this feeling shared by Catholics and a significant minority of Protestants that we should be trying to create something new and more worthwhile in both parts of Ireland and that this might eventually lead to a coming together of the two parts on a common basis. The things about which the people of Northern Ireland look to us for action are, I think, twofold. One, which is controversial, is the matter of dealing with the IRA. When one refers to that one is told the Northern Catholics want the IRA. That is something of an over-simplification. I have a letter here from a priest in Derry, written to a political colleague of mine, and handed to me before this debate began. It is worth reading a few passages from it to indicate that there are people in the North of the Catholic persuasion who are very concerned that we should deal with this aspect of the problem as well as concern ourselves with constitutional changes. The purpose of this letter is to wish us success in getting the Government to change its ambivalent attitude to the IRA. It says:

I have worked as a priest in Derry for 13 years running youth clubs in Creggan and the Bogside. I have taken part in civil rights marches and sit-downs. Except for teenagers, the great majority of Catholics are disgusted by the IRA's campaign and still more by the lack of comprehension south of the Border... The IRA have done incalculable damage to the cause of Irish unity ... The Irish Government which, rightly or wrongly, did not use force to defend our people when 600 houses were being burned in Belfast is only digging its own grave when it allows a minority to use the name of the Army of the Irish Republic to wage war against the Protestants and the British. There would never be stability in an Ireland unified by this method. Any minority would see a bombing campaign as the easy way to political power. If the IRA seems to succeed, the UDA will adopt their methods. If we tolerate the IRA, we have no right to complain if the UDA try to keep Stormont by bombing Clerys in return for the bombing of the Belfast Coop, by planting a bomb in Busaras causing the same loss of life as was caused in the Belfast bus station or by trying to repeat the scene of the Abercorn Restaurant bombing in one of the Abercorn's counterparts in O'Connell Street. When this happens, as it may, there will be an end to the plaintive statement: "We are doing all within our power."

It seems to me that the need is for strong leadership, North and South. The feelings of the Catholic people—I use "Catholic" only as a convenient label—need help to express themselves in the face of the prevailing intimidation... One would have thought that at a time when the future of Ireland is in the melting pot there might have been less party politics in evidence.

At times also one wonders what is the aim and object of a united Ireland. It is probably true that more has been done by Protestants in the North than by Catholics in the South to preserve our Irish heritage. Look at the work of the Belfast Records Office, the Belfast Folk Museum, the state of National Trust properties, et cetera and we have not yet descended to burlesqueing Irish culture in a Bunratty Castle...

That is for the Minister for Transport and Power. That is the view of one Catholic priest in Northern Ireland. There are other views, North and South, among the clergy and laity. I am currently engaged in controversy with one clerical gentleman who has rather curious views about the nature of Christianity.

If we are to help the situation or make it possible for people of goodwill in the majority community in Northern Ireland to contemplate coming together with us we must do two things: We must do everything we can to prevent their lives and property being destroyed by people led from down here. That means not permitting people who claim publicly to be leaders of an illegal organisation to march around surrounded by a bodyguard while the Garda Síochána are required, apparently, by their political bosses to stand idly by.

(Cavan): The Chair feels that the general discussion of matters arising out of the present state of affairs in Northern Ireland would not be in order.

I shall not dwell on that, but that is one thing we should do to help the situation. The other is constitutional change. We need to make it possible for a Northern Protestant of goodwill—and despite all we have allowed to happen and all that has been done there are many such people —to look towards us with hope that they can find in this part of Ireland coming together with Northern Ireland a society in which they would play a full and equal part and in which they would not be made feel they were second-class citizens if they had not studied a language which their forefathers never knew or if they did not practice a religion which had not been theirs for 400 years. We need to be able to give them the chance to look with hope towards such a society.

We need to enable the British Government to put to these people the proposition that the Republic is willing to change its way of life and create a kind of society they would find acceptable so that Britain can call on them to make a similar gesture of goodwill and move towards us. Britain needs that assistance now because whatever was the case in the past we can say now that for the first time in eight centuries Britain has no interest in Ireland except to resolve her problems and leave us in peace as soon as possible. The danger is rather that Britain will leave too suddenly, with inadequate safeguards against what might follow than that she wants to remain here complicating our lives. Given that situation, we must face the fact that all three British political parties are utterly frustrated with the failure of the Government in this part of Ireland to take any action that would help towards creating conditions out of which a united Ireland might emerge.

I think every politician from this House who meets a delegation from British political parties or who goes to Westminster and meets them there has the same experience: they cannot understand how a country which for 50 years has proclaimed its desire for unification is unwilling to take even the smallest step in that direction by making changes which could so easily be made to show we are serious about this subject. They cannot understand how we can allow an organisation based here and under control here to murder our fellow citizens in Northern Ireland. They cannot understand how we are willing to make only this small change in the Constitution and not go beyond that and make the kind of changes that would mean something.

When they ask us why we are not doing this, how can we explain it? Nobody on this side of the House likes, when dealing with people from other countries, to be in a position where one cannot defend one's Government's actions. We criticise the Government at home; when we go abroad we try not to do so, but I honestly find it impossible or at least very hard, faced with questions that are put to me as to why the Irish Government is not doing something serious about Irish unification, to defend the Government. I may not be particularly successful in doing so with any conviction in these circumstances.

We need also to help not only the British to go along the path towards which the Green Paper points; we need not only to help the Northern Protestants of generous and moderate views to move towards us but we need, above all, to give hope to the minority community in the North who are the main sufferers in all that has happened there in the past 50 years and particularly in the past four years. We need to show them that we care. I find it hard to show my face in Northern Ireland at present among the Catholic community; they do not understand our lack of concern.

I spoke a few weeks ago at a meeting when the title of the subject on which they asked me to speak indicated their feelings—"What the Republic Can Do to Help Northern Ireland". They wanted to know did we really care and, if so, how was it we were doing so little. They could not understand. I am talking about Northern Catholics, although there were both Catholics and Protestants at the meeting. Some Northern Catholics had the experience—two different couples mentioned this—of coming down here and being very well received and people being very nice to them so long as they thought they were Protestants but when it was discovered that they were Catholics the natural generosity of Irish people to strangers evaporated and the general attitude they found was: "What are you people up to? Why cannot you live with your neighbours?" That was a rather curious reaction. This resentment among the Northern minority at the fact that we have not been doing anything to help them other than permitting the IRA to range freely and make their life impossible with intimidation is very hard to face and very hard to answer when these points are put to one.

What is needed is an effort of imagination to see into the minds of Protestants and Catholics in Northern Ireland to discover how we can help them. Does anybody here, including the Minister, seriously think that a Northern Catholic or Protestant of moderate and generous views reading the Taoiseach's speech today would be inspired to want to live in a united Ireland? Was any note sounded there of generosity, of hope, of imagination? It was a pedestrian utterance, perfunctory in character which offered nothing in the way of hope to either community in the North.

It is unfortunate that the Taoiseach is unable to rise to the occasion, unable to sense the feelings of people there, the deep and passionate feelings of people there, and do anything to meet these feelings.

It is unfortunate that he had not had the opportunity at any time, and it is obviously difficult for him now, to come face to face with people of Northern Ireland in Northern Ireland. As things are at the moment, his contacts have to be largely, although not exclusively, confined to one community there. This accounts, perhaps, for some of the insensitivity in his utterances and his failure to sound the kind of note that would resound through a Northern Ireland which today is shell shocked, uncertain of its future, demoralised.

One only has to read the editorials in the newspapers there, like the editorial in the Belfast Newsletter of last Friday, calling for peace. One could see there, as in the editorial of the Thursday after internment, a note being sounded quite different from the normal triumphant note of Northern Unionists, a note of despair, a note sounded of people simply seeking peace and security and willing to forget about past political attitudes if only they could be met with goodwill by others in the community, others in this part of Ireland. We are not responding to these calls; we are not listening to them; they do not seem to penetrate the complacency in this part of Ireland.

Let us be clear about this: we bear our share of responsibility. It is, in fact, as I said at the outset, we who have divided this country more deeply by legislating in such a way as to cut ourselves off from the kind of society acceptable to people in Northern Ireland. We had a civil war. That did not encourage people in the North to have much to do with us. It is we who have tried to create the neo-Gaelic Catholic State. It is we who have tolerated the IRA over all these years. We have to purge these offences. We have to show ourselves worthy of being partners in a new Ireland. We have not done that. This legislation is too small, too unimportant, too easy, to have much meaning from this point of view. There is no good our blaming other people when we have this beam in our own eye. First, we must try to set our own house in order before we can speak with conviction to people in Northern Ireland on these matters.

We have only to read what the SDLP had to say in their policy statement, we have only to read a recent speech by Mr. Gerry Fitt, to see the kind of mood that is there. From the latest SDLP policy statement, I read the following:

Those who object to Catholic ascendancy, particularly in the religious field, in the Republic of Ireland are, in effect objecting to the results of the Partition settlement which institutionalised the differences between the two main traditions, creating a Protestant ascendancy in the North and a Catholic one in the South, thereby preventing the positive interaction of one tradition on the other which a unified State would have provided. Normal politics has thus become impossible in both parts of this island ever since, preventing the essential debate on what politics should be about.

Mr. Gerry Fitt put that in his usual blunt language in Galway a week ago when he said that he would not be prepared to support joining the Republic as it is. That, from the Leader of the SDLP and the leader, effectively, of the bulk of the Catholic community in Northern Ireland, is an indictment of us that we have created a State that Northern Catholics are not prepared to have anything to do with. Could there be a worse indictment than that, of this part of Ireland, with all its claims to wanting to create a united Ireland? Yet, that is the summing up by the leader of the SDLP in blunt terms of what is implicit and, indeed, stated in the party's official policy statement.

People tell us at times it is a waste of time, what is the use in trying to make changes down here "to please that gang up there"? That phraseology has been used frequently. We are told, why should we have to change? Have not we got the kind of State that suits us? We created the kind of State that we wanted. Why should we have to change it now to suit people in Northern Ireland who, first of all, it is said, we do not want anything to do with because of the way they are behaving and, secondly, who in any event on the Protestant side would not be a bit persuaded by anything we do? Here there is a basic misconception because while it is obviously true that the vast majority of Protestants will not be influenced in future by any legislative changes we may make here, that does not mean that making those changes cannot help the situation. First, if we do make these changes, if we do create an open society here, a society in which Northern Catholics and Protestants could reasonably want to join, we make it easier for the ordinary Northern Catholic to talk to his Protestant neighbour with some pride and conviction about the possible advantages of a united Ireland; we make it possible for the Protestant of goodwill to argue the case with his fellow Protestants for this.

It is sad, it is tragic, that at this moment the most urgent pleas for action down here to help the cause ultimately of unification come from the Protestant side, come from Protestant politicians, as well as Protestant clergymen, trade unionists, civil servants and others, but from Protestant politicians who ask us to help them, to put them in a position to persuade their fellow Protestants that it is worthwhile thinking in terms of some kind of movement towards a united Ireland. We today, by the inadequacy of the action we are taking here, are, in fact, betraying, not just the Catholic community in Northern Ireland but a minority—certainly a minority, but an important minority—of people in positions of leadership in the Protestant community who want to help. Some of these have stuck their necks out very far in this cause that we are not prepared to do anything about. It is much more difficult for an ex-Unionist Minister to put his name in public, in print, in the papers, to propositions which involve discussing how to move towards a united Ireland, as more than one of those people have done, than it is for us to make legislative changes down here. Yet, they have the courage to stick their necks out. They are willing to risk in their case more than their reputation, more than their seat in the Northern Stormont, their place in politics; they are willing, indeed, to risk their lives in order to open up the possibility of a movement towards a new Ireland in which the two parts of Ireland could come together. While they are doing that, while former Northern Unionist Ministers are doing that, all we are doing is fiddling here with a minor measure because we are not prepared or willing to tackle the more difficult issues which alone would convince people in Northern Ireland of our seriousness towards the whole proposition of unification. We have much to be ashamed of in that.

Of course, when we talk of unification it must be clear that we are talking of what is now a long term matter. Our failures over 50 years, our failure to deal with the IRA more recently, have made it difficult for anyone in Northern Ireland to contemplate early reunification and, indeed, the SDLP themselves make this point that nobody is proposing or would propose immediate reunification of Ireland at this time. There is far too much to be done down here before that could be possible, never mind up North, and we are not doing it.

No one would suggest that, if we make more energetic movements along the road that we are starting to stumble along today this will overnight change the situation. It will not. It will just remove a roadblock that will make some progress possible over time. It will take a long time. Deputy Carter spoke very wise words on that subject. It will take a long time before it will be possible for people in Northern Ireland to forget what has happened, to forget our share of responsibility for what has happened. Whatever may be the case today, a lot of gelignite got across the Border before tightening up occurred. A lot of people come for rest down here. A lot of orders issue from down here which affect the lives of people up there.

The Deputy is doing a great disservice.

Did they not get £40,000 misappropriated out of the £100,000 given to the Red Cross? Did that not go to buy guns to shoot fellow-Irishmen?

The Minister may say I am doing a great disservice. I do not think that speaking the truth does a disservice.

It is not the truth.

The blunt truth is that, in fact, the killings in Northern Ireland are ordered from down here, from the headquarters of organisations down here, and it is no good trying to hide that fact.

Did they not get £40,000——

Order. It does not arise on the amendment.

We are discussing the amendment. I submit that in amending the Constitution we are motivated by several considerations one of which is the feeling that this is a first step towards creating the kind of society here that might bring unification nearer. All I am saying is that it is only the first step, that there are other things more urgently needed to be done and that we have not done and that this Bill is an inadequate response to the situation. I think that is a legitimate comment and well within the ambit of the debate.

That is fair enough.

I am glad that my reformulation pleases the Minister.

Not the other avenue the Deputy was on.

My reformulation covers the other avenue. If the Minister does not see that, I am sorry for him.

In conclusion, I hope that this is a first step only and I hope it will be followed by speedy action. I hope that somehow we can stir ourselves out of our lethargy. I hope that the Government that have given such inadequate leadership over the past four years will find it possible to give the kind of lead that will inspire people in most parts of Ireland to work towards the creation of a new Ireland in which both parts can live peacefully together, sharing the common institutions.

Until a much more imaginative and a much more thorough approach is taken to the problem we shall not go much along that road. If this is a first step and is not simply a fobbing-off of the problem by nibbling at the easy part of it and ignoring the rest, if it is a first step to be followed by other moves then it will have been worth while. We on this side of the House could not of course oppose any move of that kind even if it only makes inadequate progress.

Who the hell sold Ireland except the Deputy's father?

We therefore support the Bill but do so with regret that it is such a small part of what needs to be done and that the Government is so pusillanimous in facing the problem that needs to be tackled.

We will make a long playing record of the Deputy.

The deletion of this Article, judging by the debate here today, is not a matter for controversy. Other speakers have remarked that Constitutions which attempt to buttress the place of any particular religion, in a strict, formal constitutional manner, do not in fact, secure the position of that religion in any binding fashion on the people. Religion depends for its hold on the majority on far more important ties than simple references in a Constitution.

I share the general disappointment of speakers that the response of this Government to the challenge before us is inadequate. I get the unhappy impression during this debate that there is an unstated opinion behind the various speakers, on the Government benches especially, that this deletion is in some way a gesture to Northern Unionist opinion. The deletion of this Article will have only very minimal influence on Unionist opposition to a united Ireland and on the general attitude of Unionists to this part of Ireland as the way we run it.

It is arguable whether any constitutional amendments in this part of the country will have any effect on Unionist opinion in Northern Ireland. It is incontrovertible however that we could be doing far more in economic affairs and in constitutional matters by making some advance towards meeting some of the objections made by Unionists in regard to a united Ireland. A year ago, at a meeting in London between the British Labour Party, the Socialist Democratic and Labour Party and our party we requested the Taoiseach to explore the economic and constitutional implications of unity. The Dublin Government up to then had not accepted that there was any obligation on them to do any particular investigation.

This is a very timid response to the agony the North has gone through over the past three years. The question must be asked whether we would be making this response, whether the Government would have agreed to put forward this particular amendment if these events had not taken place in the North. One must recall that it was in 1966 that initial consideration was given to deleting this Article from the Constitution. Would this referendum, in fact, be taking place if events had not intervened and the unfolding tragedy of Northern Ireland had not occupied public attention for the past three years? Would we even have advanced to the point of this Government putting forward the case for the deletion of this particular Article of the Constitution? We are left in some doubt with regard to this matter.

One can only rely on the reported statements of the Taoiseach to understand what is the approach of the Government to the entire matter. It appears he sees the future in this context, that somehow, when those events take place in which a united Ireland is at hand, we will, in a blinding flash, present our proposals for a Constitution for that united Ireland and simultaneously our economic plans will be presented. The Taoiseach does not appear to think there is any urgency attached on our side of the Border to making clear our approach to what a Constitution should be for the State we live in, in anticipation.

If we are serious about achieving unity by consent and agreement there is a heavy duty on us to anticipate the Constitution of that united Ireland which some day we hope to achieve by peaceful means. The Taoiseach believes that there is no responsibility on us to declare our hand on this matter at this stage. There is a fundamental flaw in his entire approach to the matter of constitutional reform. He appears to be saying that it would be wrong for us to enact a Constitution in the formulation of which the northern people did not take an active part, that it could not therefore be a perfect instrument, be a proper Constitution for a united Ireland.

That is technically true. There is no doubt that whatever changes we make in constitutional matters in this part of the country would have to be revised whenever the electorate could be extended to include the people of the entire country but it does not remove from us the obligation of presenting our ideas as soon as possible, of a Constitution which would anticipate the Constitution of that future united Ireland, which we could enact. It would not debar consultation with the enlarged electorate whenever that time arrives. The Taoiseach, notably in his public statements, appears to be quite clear that there will be no fundamental change in our Constitution until the happy day of unity dawns.

This attitude is not good enough and does not adequately meet the seriousness of the situation before us. There are people in our country with unity on their lips and using violent means to achieve that unity but those of us who believe in unity by consent and agreement must not leave the pass to those who would seek it by other means. We must not give the impression that they alone are looking for unity. If we believe in unity by consent and agreement then there is a responsibility on us to declare the positive consent of that unity. While we are asking the British for this initiative, that initiative and some declaration on their part, is there not work for the politicians and the Dublin Government to do? Are we doing that work? I do not believe we are. I believe we are not living up to our responsibilities in this often declared view of ours that we seek unity by consent and agreement.

We just advance a timid deletion of an Article of our Constitution which everybody accepts has no particular purpose or utility in that Constitution. This is not a serious response on the part of the Dublin Government anxious to achieve unity by consent and agreement, I repeatedly ask myself what exactly could a Unionist, who may think that there might be something in the idea of a united Ireland, grasp of the factual nature of a united Ireland, either constitutional or economic. Constitutionally, it is to be decided on the day and economically there will be some sort of an arrangement undefined at this moment.

At present we are permitting the whole idea of unity to become a vague fantasy and we see no particular onus on us to say what we mean at this stage. I regret to say that the Taoiseach appears to be the most skilled exponent of a do-nothing strategy on the Northern question. The deletion of this Article is part of the same kind of wait and see approach which has been adopted by this Government during this entire troubled period in our history and I do not believe that it answers up to the full dimensions of the situation. It is not an adequate response.

The 1937 Constitution—people have dipped back into history and I do not intend following that practice—was seen as the high water mark of constitutional republicanism but I have always seen it as being a step backwards into mediaevalism rather than a step forward into any kind of enlightened constitutional republican approach. Certainly the 1937 Constitution could not be said to answer up to the full complications of the divisions of people on this island and certainly— it seems a strange thing to say—in the sense of understanding what the complexities and problems that beset the pathway towards Irish unity, the Free State Constitution of 1922 was a superior document to the so-called Republican document of 1937. I know that this seems an extraordinary statement for me to make but compare the two documents and ask yourself the question which apparently showed the more sensitive idea of what was a correct statement of religious freedom in the context of the Ireland in which it was produced—the 1922 or the 1937 Constitution. Any unbiased observer will have to say that the 1922 document is superior and seems to be inspired more deeply by the problems of a divided country.

The 1937 Constitution, it is true, does not have the external relations which the 1922 Constitution had with London and somebody will say on that technical basis that the 1937 Constitution is a superior document, but anybody looking at the serious issues in both Constitutions will agree that the 1922 document is superior in the sense I have mentioned. It could be said that the 1922 document is not quite as detailed in its social directives section as the 1937 Constitution but I think that anybody looking at the social directives clauses of the 1937 Constitution will agree that they are for the most part meaningless, and when we come to consider the revision of Constitutions, we should consider revising that whole area of social directives.

It may be that Constitution changing is not the real nub of the question in Ireland and that may be, but we are not doing enough to deprive opponents of unity of arguments which they at present hold on the basis of provisions of the 1937 Constitution which we apparently are reluctant to change. What is holding up the opportunity of the people of the Twenty-six Counties enacting a new Constitution, a Constitution which would not have certain of the 26-county features which the 1937 Constitution has and the 1922 Constitution did not have? The 1937 Constitution, far from helping us on the road to unity, is now seen to be an impediment and what a melancholy comment it is on progress, realisation of what is needed to achieve a united Ireland, that we are today in 1972 returning to the thinking of 1922 on the approach required to a united country. Imagine what a commentary it is on our seriousness on the questions posed by Irish unity that this melancholy comment could be made, that we are deleting a section which in the 1922 Constitution did not exist.

The economic matters may be more important than the constitutional ones and again we have called repeatedly—it does not arise here—on the Government to set up a permanent secretariat to consider what, in fact, are the economic implications of unity so that there again the Unionist who might be considering unity would have something to look at, and it may be true to say that when we have changed all the Constitutions, when we have done everything possible, perhaps, other issues which are totally outside the jurisdiction of this Assembly may, in fact, be a greater impediment in certain Unionists' minds towards the entire idea of a united Ireland composed of different traditions. None of us can influence the theologians on the Ne Temere decree. That is a matter for theologians on the facts involved but the fact of the matter is that if one reads the statements of Protestant spokesmen, they have repeatedly pointed out that the Ne Temere decree as operated in the South is the doctrine which is responsible for absorbing and decreasing the number of their co-religionists each particular year and maybe, in fact, the decree is probably one of the most important elements in making it necessary for Protestants and Catholics to develop on separate lines here even in the South, in the Republic.

As I see the question in this country, the nationalist position is the one looking for unity. That tradition I belong to myself. Does it not, therefore, devolve on the Dublin Government, the only sovereign Government left in this island at present, does it not devolve on us, to set out in as much as we can the outline of a society and remove from it the imperfections?

Surely it is not sufficient simply to wait on events considering how each statement will affect our party political fortunes in the Twenty-six Counties? Surely there is a higher station for a Taoiseach and a Government at present in the South, a higher responsibility, than stoking the prejudices of 26-county opinion on each issue. Surely if we are anxious to help in this tragic situation, we should be courageously setting down now the outline of that so-called new Ireland of the future?

We do not have to postpone action, to procrastinate until that future time arrives. We have a duty to set down the Articles and clauses of that Constitution which would as far as possible be without the imperfections of the present Constitution. We do not need British permission or a British initiative to do it, we do not need any outside agency to do it. The sovereign people of the Twenty-six Counties may in their wisdom do it and it should be quite possible for the Government to consult with all organisations in the South to see that it simply is not politicians changing the Constitution but that we can consult all outside interests. Part of the problem of the 1937 Constitution is that there was insufficient consultation with people outside. At least it may be said of the 1922 Constitution that the consultations— and the kind of consultations that did take place are pretty well chronicled —were widespread and many. Many interests were consulted and involved but the 1937 Constitution was very much the creation of one man and has all the imperfections of that limitation.

The constitutional politicians, if they are sincere about unity by consent and agreement, must fill out that concept with real content and we do not appear to be doing that at present. Instead we appear to wait on events, to postpone and to procrastinate, and it would appear that we move only when we have secured each step, considered its effect on the most important feature which appears to determine Government policy at the present time, the party's fortunes in the 26-county area. Some would say it is possibly an unfair time to be asking a Government to be taking courageous action on the eve of a general election but the northern holocaust has been on for the last three or four years and the Government response has been very inadequate indeed. Their whole approach on the Constitution appears to be "Shelve any action; pass it on to a committee", and, therefore, there appears to be no strong executive line on making any decision, either in constitutional or economic areas, and it appears that the basic fault is in the Taoiseach's own mind when he thinks that all action on constitutional and economic matters can be postponed to that misty day when unity will be there and the Angel Gabriel will be at hand to announce that it has arrived and that there is nothing necessary, nothing that we must do in the meantime.

On the contrary, we in the Labour Party suggest the immediate enactment of a new Constitution which will be without certain of the objectionable features of the present Constitution, one which would anticipate inasmuch as we may the Constitution of a united Ireland and one which Unionists who might be thinking—and these are very few— of accepting the idea of a united Ireland could at least point to the Constitution as not being in itself a bar. At present we have not committed ourselves either constitutionally or economically and it will be the position of our party that we will support this non-controversial motion, and our general approach would be that we are not satisfied the Government are fulfilling their full responsibility if they are serious about the quest for unity by consent and agreement.

I will be very brief. I agree with the amendment at present before the House. I listened with interest to Deputy FitzGerald when he was talking about inadvertently giving offence to Northern Ireland. Some years ago I had to buy a pair of shoes in Lurgan and when I came to pay for the shoes I asked the shopkeeper if he would take Irish money. I felt horrified, but he did not take offence and accepted the Irish money.

The 1922 Constitution was designed by the Cumann na nGaedheal Party for the whole Thirty-two Counties. When they came to power, the Fianna Fáil Government should have retained that Constitution. Possibly it needed amendments in certain places but I do not hold with a rigid Constitution. A Constitution has to be amended from time to time as necessity arises. As far as the 1937 Constitution is concerned I am glad I voted against it in the referendum. In this referendum I will vote for the amendment. We have heard a lot of talk about the North and so forth. I do not believe this amendment will make an awful lot of difference in our relations with the North but I accept it as a step towards a Constitution here which will be acceptable North and South.

Mr. J. Lenehan

I always understood——

The Deputy has already spoken.

Mr. J. Lenehan

I always understood that a Deputy leaving the House or entering it could not walk past the Chair, between the Chair and the Deputy speaking.

These things occur inadvertently.

I wish to say straight off that the establishment of an all-Ireland socialist republic is the fundamental objective of my party and that national unity is the basic objective of the Labour Party. Having said that, I will quote from the policy document of the Labour Party:

The Labour Party seeks the voluntary reunion of all Irish people of the territory, and the achievement of the voluntary unity of all the people of Ireland clearly implies that the real and profound differences that exist at present must be removed by persuasion, dialogue and communication and not by the bomb and the bullet.

In a peaceful and unenthusiastic atmosphere, we are debating a proposal by a Government who believe the gesture we are making here is bigger than we regard it to be. If we want a majority in the North to be part of a united Ireland, there must be peace and reconciliation. We must do what is required to remove all the barriers to mutual understanding.

Up to the present we have had too much violent action through which innocent people in the North have suffered and during the past three years we have not had in this part of the country enough political activity. There is no point in our criticising or damning the British Government or criticising and damning the Unionist Party and putting ourselves forward as being entirely blameless in this whole situation. What we have got to realise—not alone Members of this House but the people throughout the Republic—is that there are one million Unionists in this whole country which has a total population of 4½ million, and we just cannot ignore those one million in a total population of 4½ million. We must therefore make changes which will be a recognition that there is such a vast body of people among the 4½ million.

Our role must be to highlight, to condemn and to remove aspects of our Constitution, of our laws, of our social services and political institutions, which offend against the civil rights not alone of people in the North but in the Republic, and which militate against the unity we all desire. Connolly stated in his Workers' Republic:

Unite the workers and bury in one common grave the religious hatreds, the provincial jealousies and the mutual distrusts upon which oppression has so long depended for security.

Our Constitution contains some of these distrusts. We are asked here to amend Article 44 but there is no mention at all of other offensive sections in the Constitution. As a matter of fact, there are other clauses in the Constitution which in my view are empty gestures to the people in the Twenty-six Counties for whom the Constitution under which we operate was designed. I quote from Article 45 just to show how shallow many parts of the Constitution are. Clause 2 is as follows:

The State shall, in particular, direct its policy towards securing

i. That the citizens (all of whom, men and women equally, have the right to an adequate means of livelihood) may through their occupations find the means of making reasonable provision for their domestic needs.

We certainly have fallen down on that in a big way. We have not in this Bill, nor has it been suggested that we should have done it, considered the prohibition of divorce in any circumstances. As a result of a commission five or six years ago, there was a unanimous decision that divorce could be and should be allowed in cases of people whose religion allowed divorce. I do not think our Constitution should deny people of that religion the advantage of the recommendation of that body, of which the late Seán Lemass was chairman.

As far as I can remember, the Taoiseach said that changes in the Constitution should be tackled in uniform manner and not piecemeal. I think he referred to drawing up a new Constitution rather than amending the present one. There is no indication of any intention on the part of the Government to do this. We have been asking for a new Constitution for the past two or three years. As Deputy Cluskey said this morning, Fianna Fáil do not seem to be prepared either to draft or to support a new Constitution. There may be reasons within Fianna Fáil for not wishing to scrap entirely the present Constitution. I have a suspicion that deep in the hearts of Fianna Fáil there is a reluctance to scrap this Constitution, which in many respects is meaningless and contains many platitudes, merely because it was an instrument of Mr. de Valera.

I do not know who Mr. de Valera consulted in regard to the framing of the Constitution but at any rate there seems to be some sort of emotional attachment to it merely because it was introduced by the man who is now our President.

So far as changes are concerned in the context of Northern Ireland, I suspect that the Taoiseach had in mind the withholding of certain changes, or, as some people might say, certain concessions until he or some other person reaches the bargaining table. That would be a shabby trick. If we are to have changes or a new Constitution we should have them irrespective of any bargaining there might be. It seems that the Taoiseach is not prepared to lead in this matter. In fact in some cases he has found himself to be far behind those who attended his own Ard Fheis. For example, when he was pressed on the law governing the importation of contraceptives and when the consensus of opinion seemed to be that the law should be changed, not in a manner that would lead to a permissive society but in a manner proposed by members of the Labour Party, the Taoiseach said that he wanted to assure the majority—that is the majority in Northern Ireland—that when they sit down with us to discuss our future in Ireland together they will find us reasonable and oncoming in these matters. Certainly the Taoiseach has not been reasonable and oncoming not only in relation to that matter but in respect of many other matters also. Indeed, he did not appear to be very enthusiastic last week when it was suggested that the referendum on Article 44 should be held in conjunction with the referendum on votes at 18.

The deletion of Article 44 is the beginning but let us remember that it is one of the easiest Articles to delete, as has been indicated by the reception which the proposed amendment has been given both in the House and throughout the country. The vast majority of people seem to agree that Article 44 should go. I suppose this is one of the nettles that the Taoiseach spoke of when he said some time ago that he was prepared to grasp nettles. However, he will not suffer any stings by reason of bringing in this particular proposal. This amendment was recommended unanimously in December, 1967, by the Committee on the Constitution. It is a pity that report was not acted on before the troubles began in the North in 1968 and which escalated to such an extent in 1969. I do not know what was in the mind of the late Mr. Seán Lemass but I suspect that in 1967 he had his eye on the North, that he wanted reconciliation and understanding with the people in the North. That was demonstrated by his visits to that part of the country and by his other gestures in that respect, although these were not tremendous in so far as the North was concerned.

If the recommendations made in 1967 had received the approval of Fianna Fáil at that particular time I do not think there would have been the fear and the tension that exist now in both communities in the North. There was a unanimous recommendation, too, in respect of that section of Article 41, which deals with divorce. That recommendation was not regarded as being objectionable but, like many reports that have been presented to the Government in respect of the various social and economic aspects of our life, it was merely noted and left aside.

The effect of the present proposal and other recommendations, if implemented, would not have a major effect on relations between the Northern majority and the Republic. Deputy Cruise-O'Brien this morning referred to this being too little too late. It would not have been too little or too late if it had been done two or three years ago. Let nobody be under the impression that changes of this nature in the Constitution will allay the fears of the majority in the Northern part of our country but their fears might have been allayed if, instead of regarding the present Constitution as being sacrosanct for the past 35 years, Fianna Fáil had done something in regard to it. That was typical of our neglect and our unconcern for our brethren in the Northern part of our country during the past 50 years not only in so far as the Constitution is concerned but in respect also of many other economic and social matters.

I wonder if the Taoiseach and the Government have the courage now to grasp all of the nettles that were referred to by the Taoiseach in Killarney in the autumn of 1969. All of us took hope from that particular speech but, again, it was merely a speech. It was made at a time when the troubles in the North were at a very high level, though of course they are at a much higher level now. There was hope then that this Taoiseach, who said that he had no involvement with the 1922 era, would show himself to be a modern and up to date Taoiseach. We have neglected such matters as social services, health and education. These, also are nettles to be grasped if we are to give any hope to the majority in the North that their rightful place would be in a united Ireland, but a united Ireland with all these changes made. There is no point in seeking to amend the Constitution piece by piece. It should be scrapped entirely. This view was expressed by many people who have spoken here today.

It should be replaced by a genuinely republican document devoid of any trace of sectarianism and embracing the different viewpoints of the two communities on this island.

Hear, hear.

It would be an impossible task to amend the existing document so as to make it applicable to a Thirty-two County State because it was conceived solely from the Twenty-six Counties' point of view. It was voted on by the people in the Twenty-six Counties. Also, it reflects the political philosophy of the thirties, a philosophy long since abandoned by political thinkers. In the context of a divided country, or even of a united Ireland, that sort of Constitution should be scrapped entirely and we should set ourselves the task of creating a new one. We should draft a new Constitution in consultation with the people from the two Northern communities. Let us enact it first for the Twenty-six Counties as a clear and unequivocal demonstration to the people in the North of our bona fides regarding the creation of a non-sectarian State by creating one now in the Republic. By this one action let us finally bury the fear that exists, whether real or not, among people in the Northern part of our country that home rule is Rome rule.

We do not pretend such a Constitution would be suitable in every respect—that would be impossible—for a united Ireland but we could offer it as a starting point, unemcumbered by embarrassing and offensive sections of the Constitution. This new Constitution would take into account the plurality of views that exist in the South because if we cannot guarantee full civil liberties to the minority in the Twenty-six Counties, how can we guarantee the same rights to Unionists in a way that will convince them we are sincere? In any event, let us make the changes for ourselves now. This we can do without waiting for anyone.

If we want unity with the North, we cannot tolerate disunity in the South and unfortunately we have done this for the last 50 years. At the moment our society is the antithesis of ecumenism. It is intolerant and is a disgrace to those who describe themselves Christian. Dick Ferguson, an ex-Member of Stormont, said that people like himself in the North despaired of unity because of the refusal of the South to budge even one inch. We usually associate the expression "not an inch" with Unionists but this is a comment from an ex-MP from Stormont who wants to see the necessary changes made in order that the people on this island can live in happiness and prosperity. I do not think we can blame him for his despair considering what has gone on during the last two or three years.

For a long time the Taoiseach has been looking for initiatives. Speakers from these benches have questioned him regarding his role in the matter of unity. The Taoiseach has been looking for initiatives from Harold Wilson and from Mr. Heath; he has sought initiatives from Mr. Faulkner, from Captain O'Neill and from Major Chichester-Clark, but there is not much evidence that he is prepared to show any initiative. I make that statement while accepting, as my party do, the proposal that is before us today. It is a small step. The Taoiseach should be prepared to grasp the other nettles that are so obvious not only in the Constitution but in our economy. The Taoiseach has said that the former Prime Ministers in Northern Ireland must accept much responsibility and he also speaks about the responsibility of two British Prime Ministers, but he is forgetting that, as Prime Minister of the larger portion of this country, he has shown little initiative in the grasping of any nettles in order that there would be an end to violence, reconciliation among the communities throughout the country and eventual unity.

Deputy O. J. Flanagan.

We should have a House for the Deputy.

Notice taken that 20 Members were not present; House counted and 20 Members being present,

Deputies will agree that this debate has been conducted in a responsible manner and we can only hope that the same sense of responsibility will prevail not only throughout the debate but during the next few weeks. Mention has been made of the North-South relationship, suggestions were put forward regarding the achievement of a lasting unity and the debate covered a wide area.

Dealing with the Constitution can be described as a rather technical exercise. In this Bill it is proposed to delete two paragraphs of Article 44. This Article has been the subject of comment frequently and continuously since 1937. If not commented upon by one section of the community, it was commented upon by the other. In approaching this matter in 1972, we must realise that we are in a great period of change. There is no comparison between 1937 and 1972. I agree wholeheartedly that many Articles in the Constitution could be reviewed and brought into line with the thinking of 1972 rather than 1937. It would have been a worthwhile exercise if, instead of changing Articles of the Constitution to suit the strongest winds of public opinion that were blowing, the Government and the House had got down to drafting a new Constitution as has been suggested already by a number of Deputies based on a future united Ireland.

Hear, hear.

This would be a most desirable exercise. Listening to the debate since 10.30 this morning one is inclined to ask oneself a variety of questions. One question which struck me very forcibly was: had everybody in this House taken leave of their senses with the exception of myself, or was I the one who was completely out of step and was everybody right except me? We are discussing Article 44 of the Constitution and spending a whole day of Parliamentary time on it. While tens of thousands of workers are facing redundancy, and while the housewives are wild with anger and rage over rising prices, Parliament is devoting its time to whether the Catholic Church should have a special position in the Constitution. If you stop people at random on the streets and ask them what does Article 44 of the Constitution provide, very few will be able to tell you. This Article is very familiar to us as Members of Parliament and to all those connected with the legal profession, but the ordinary man in the street does not give two straws about Article 44. It is a great pity that we have not got our priorities right. If we had, we would be discussing something which would affect the livelihood of our people more strenuously and seriously than an exercise of this type. Nevertheless, Parliamentary procedure has decided that today we have to deal with the question of Article 44 which states:

The State acknowledges that the homage of public worship is due to Almighty God. It shall hold His Name in reverence, and shall respect and honour religion.

That paragraph is to remain. The paragraph under review and being debated and which will be under examination in the country in the next few weeks is:

The State recognises the special position of the Holy Catholic Apostolic and Roman Church as the guardian of the Faith professed by the great majority of the citizens.

That is what this House is deciding to delete from the Constitution.

And the following paragraph.

I will deal with the following one later. It relates to the other important Christian churches. "The State recognises the special position of the Holy Catholic Apostolic and Roman Church as the Guardian of the Faith professed by the great majority of the citizens", is a statement of fact. Whether it is in or out of the Constitution does not alter that fact. Why it was ever put into the Constitution I cannot understand.

How right the Deputy is. Why was it put in?

The Holy Catholic Apostolic and Roman Church is the Church in this State of which the majority of the citizens are members. That church is one, holy and apostolic. The supreme and sovereign authority of that church is the Pope, the Bishop of Rome. This is recognised by the majority of our citizens. Whether this is written into the Constitution or not would not alter that fact, and will not alter that fact. The Catholic Church can be described as a world-wide organisation, founded and established by Christ Himself and it will reign, last and prevail until the end of all time. There will not be any quivering within the church nor will there be any rumblings in the church or anywhere else if this Article is removed from the Constitution. If it will make people happy to take it out of the Constitution I do not suppose there is any great objection to endeavouring to make them happy. I fail to understand why we should delete it from the Constitution when it means nothing and never meant anything except to convey a statement of fact, and it is a fact whether it is in or out of the Constitution. Various excuses are put forward as to why we should take steps to have the recognition of the Catholic Church removed from our Constitution.

The Minister for Transport and Power interjected that another paragraph was being removed. Paragraph 3 provides:

The State also recognises the Church of Ireland, the Presbyterian Church in Ireland, the Methodist Church in Ireland, the Religious Society of Friends in Ireland, as well as the Jewish Congregations and the other religious denominations existing in Ireland at the date of the coming into operation of this Constitution.

Some people are anxious to remove the paragraph which recognises the special position of the Catholic Church but that special position is recognised because the vast majority of the citizens are members of that church. If the vast majority of the citizens were members of any of the other churches mentioned in paragraph 3, they would have been in a special position but, through the Grace of God, the vast majority of Irish citizens were members and are members of the Holy Catholic and Apostolic Roman Church.

I cannot understand the agitation. This is the only opportunity we will have of extracting from the Government information in relation to this amendment of the Constitution. These clauses have been written into the Constitution for 35 years and we have not yet heard from the Taoiseach or from any Minister who it is who wants this change in the Constitution. I think the House is entitled to be informed if there has been any request from the Church of Ireland, from the Presbyterian Church, from the Methodist Church, from the Society of Friends, from the Jewish Congregations or any others. All these were consulted in 1937 and all apparently were agreed. I believe there is more to this amendment than we have been told.

Hear, hear.

We are told that the reason Article 44 is being amended is to make national unity easier. I do not believe this has anything whatever to do with national unity. It would be a physical impossibility to draft a Constitution which would meet with the wholehearted approval of 100 per cent of the people for whom it was drafted. The Constitution of any State must cater for the majority, for the common good, for freedom to practise one's religion and even freedom for the unbeliever.

Article 44 gives recognition to the special position of the Catholic Church. It does not say that any citizen has any privileges because he is a member of the Roman Catholic Church. It does not say that he is a superior citizen. It does not say that he is superior to any of the citizens of the other churches mentioned in the Constitution. If we take the 32 counties 98 per cent of the people are members of these Christian churches. Whatever other criticism we might make of the Constitution we must all of us admit that there is complete freedom of religious practice under the Constitution.

Notice taken that 20 Members were not present; House counted and 20 Members being present,

I am not particularly anxious to have an audience. I am anxious to finish my speech and go home. I was pointing out that we have here complete freedom of religious worship. It is regrettable that we should hear from time to time——

A Leas-Cheann Comhairle, with respect to my colleague, for whom I have the greatest respect, I would like to have a quorum. Deputies walked in and they have now walked out again. I do not believe that shows much respect for Dáil Éireann and I, for one, will not put up with it.

Notice taken that 20 Members were not present; House counted and 20 Members being present,

The Chair would remind Deputies that this is a limited debate in the sense that at 10 o'clock a speaker will be called on from the Government side to reply.

I shall have to ask for your protection and assistance, Sir. In the course of my speech a quorum has been called at least three times, which is an effort to prevent me from addressing the House. I am not concerned with whether there is a quorum here or not; I am concerned with saying what I have to say and then leaving the Chamber. I have been sitting here since half past ten this morning, and I do not suppose I have called a quorum for many long years.

The Deputy ought to proceed to the Bill.

I hope I will be permitted to continue, without undue interruption, the few remarks I have left to make or I will leave without making them and register a protest against the Chair for not safeguarding my right to speak.

They can all depart now because I will call no other quorum tonight.

I was referring to the fact that in this country there is and there has been free exercise of religion and that in addition to the Roman Catholic Church being recognised under the Constitution all other churches are likewise recognised. I do not believe that the deletion of Article 44 of the Constitution is, as has been suggested, a step towards a united Ireland, no more than I believe that the removal of the two sections of Article 44 will make any better or worse Catholics or better or worse Protestants. The second last paragraph of the Preamble to the Constitution reads:

And seeking to promote the common good, with due observance of Prudence, Justice and Charity, so that the dignity and freedom of the individual may be assured, true social order attained, the unity of our country restored, and concord established with other nations...

"The unity of our country restored", although those words are enshrined in the Preamble to the Constitution, we are removing recognition not alone of the Roman Catholic Church but of the Church of Ireland and the Presbyterian and Methodist Churches. I do not believe that it is with the intention of paving the way for a united Ireland that this Article of the Constitution is being deleted. It is being done because our Constitution was examined in Brussels, and it is being pruned and trimmed to suit Brussels, not Northern Ireland. In relation to the questions of money from the World Bank and from the International Monetary Fund, for health and education, and particularly education, changes are being brought about by influences outside the State. This section of the Constitution was regarded as having a religious bias, and of course the handiest way to get over this in the referendum is on the plea of national unity. It is being done clearly to suit the Parliaments that meet in Brussels. We are, perhaps, the only country in the world today in which special recognition has been given in our Constitution to all the Christian Churches.

It may be argued that the removal of Article 44 is a step towards a united Ireland, but we have no great evidence as to who in the North of Ireland, either Catholic or Protestant, ever made pleas to have the Constitution amended in this fashion. I think this amendment has nothing to do with national unity. It has been said that our fellow Irishmen in the Six Counties had certain fears about coming in with us because of Article 44. What fears could they have when the churches of the majority of the people in the Six Counties have been given mention in this Article of the Constitution? It is regrettable that there are certain fears on the part of people in the North who are not members of the Catholic Church. There are no grounds whatever for them. They would be treated with respect, with kindness, with tolerance, with courtesy and with charity. They would be received with open arms just as the minority who do not profess the Catholic Faith are treated with respect, neighbourliness, tolerance and charity. The wonderful cooperation and teamwork, the wonderful social work that is performed in this country by the joint efforts of Catholics and Protestants is an inspiration to the whole world.

There is the manner in which Catholic employers treat their Protestant workers and the generous, kindly and friendly way in which Protestant employers treat and have treated down through the years their Catholic employees. We do not know what religious bigotry is in the south. Thank God for that. May it always be so.

Surely it is the duty of the Taoiseach and the leaders of all political parties here and of all church leaders, to convince people in the North that religious bigotry does not exist here, never has and never will. In the South a person's religion is his own business and the concern of nobody else. We probably do not understand the situation that prevails in the Six Counties but while there is that element of fear there it will take a lot of constitutional Articles to remove it. Even if we had a completely new Constitution how would we remove that fear from a large proportion of the population who think that they will not be received with open arms by the majority of the citizens of the Republic who are Catholics? There are no nicer, more friendly or more hospitable people than the people of the Six Counties, Catholic and Protestant. They have a sense of humour, hearts of gold, sincerity and genuineness. It is most regrettable that that extraordinary element of fear is there which will not be removed by changing various Articles of the Constitution. That fear must be removed by our example, our tolerance, our Christian charity. By example we can do more than by all we could write into rules, regulations or constitutions. Nobody can say that there are not Christians as good in the North as there are in the South. There most certainly are. By working with each other and for each other we can get to know and understand each others problems. We are all Christians. We know there is only one God; we recognise that God, recognise that He is the Supreme Law-maker. The recognition of Almighty God by all Christians should be common ground on which all could come together, irrespective of whether they call themselves Catholic, Protestant, Methodist, Presbyterian, or anything else. I venture to say that the good Methodist, Presbyterian or member of the Church of Ireland in the South has nothing for which to apologise to those in the North because in the Constitution enacted in the name of the Blessed Trinity and acknowledging God as the Supreme Law-giver there is no sneer or insult expressed or implied to the atheist or unbeliever.

If we have atheists and unbelievers in our midst nobody in the South interferes with them. They have that right and the laws of the land in no way deprive them of that or any other right. There is no law here to compel a person to have any particular religion or to have any religion. That is the kind of freedom we want to hold on to. I can never understand why it cannot be driven home even to the hardest hearts in the Six Counties that we have all that freedom down here. In the South the law deprives the unbeliever of nothing and the fact that one is a Catholic does not make him a better citizen or a citizen superior to the person who professes any of the religious mentioned at sub-article (3) of Article 44. Some of the best Irishmen in history were Protestants. Some of the most courageous and most loyal, some of the best farmers, the best businessmen, the best company directors, have no fear in this House and it is a great pity they did not do a little more to ease the tension in the North by telling the people there that they never had any fears because of religion in the South. It is because of the charitable and Christian outlook of the majority of the people in the South that you have the understanding and co-operation which has helped so considerably.

Our Constitution gives no legal recognition to any Church or its members and penalises no religious association. It places no legal restrictions on those who have no religion. What is needed North and South is a little more of the true spirit of Christian toleration which is wanting in both areas.

I do not want to delay the House but I should like to ask the Minister for Transport and Power to answer my question regarding the presentation of our Constitution in Brussels some time ago and the changes that were suggested there. He should tell the country the truth. Is it not because particular churches were mentioned in the Constitution that this Article is now being put to the people for deletion so that an easy run can be made for money from European financial interests that would like to see religious references——

The short answer is that there is no truth in that.

I accept wholeheartedly the Minister's assurance. It is the general belief, particularly in regard to the financing of community schools and in regard to other funds that are to come from outside sources, that unless we take certain lines of action this money will not be forthcoming.

There are divisions among the people on grounds of social status, profession, income and place of residence. These differences arise not because of religion but in spite of it. Religion is also being used at present as a justification for violence. All who resort to violence and believe in it have long ceased to be Christians because the true Christian does not live by violence or entertain violence: he must banish violence completely from his heart and replace it with love, sympathy, tolerance and understanding.

Article 44 which refers to the Roman Catholic religion as the faith professed by the majority is a statement of fact which will not be altered whether it is in or out of the Constitution. Whether it is there or not makes no difference; it means nothing. The strength of the Catholic Church in the South will not be altered one iota the day this section goes out of the Constitution. I think the Cardinal once said that he would not shed a tear if it were removed. Why should any of us shed a tear for the passing of something that means nothing, a mere statement of fact? Whatever the outcome of the referendum it will not alter the fact that the Catholic Church is the Church of the majority of the citizens of this country.

Our Constitution has accorded an honoured, dignified and protected place to all the churches and because of that no Act of Parliament could be passed which would in any way interfere with that situation: that could only be done by a referendum. In no other country, to my knowledge, have the Christian churches been so honoured and protected as they have been here, particularly when we realise that the churches mentioned in Article 44, with the exception of the Roman Catholic Church, have the great majority of their members residing in Northern Ireland. This ecumenical spirit prevailed in the thirties long before the reign of the much-loved Pope John XXIII.

If Article 44 is deleted in the referendum—and this is a possibility or even a likelihood—does anybody seriously think we shall be any nearer on the following day to the political unity of Ireland? The Constitution gives the guidelines for the society in which we wish to live and should be so framed as to guarantee complete religious freedom and equality of citizenship, but the common good of the majority must at all times be in the forefront. If a Constitution were to be imposed by the minority on the majority that would not be democratic. The desire of every ordinary Christian layman and of every Member of the House, irrespective of party, is for a society that will be truly and determinedly Christian because this alone will ensure peace and progress for us and for all Irishmen.

I think of the time which we have lost this day in dealing with this matter. It may have been a very useful exercise in debate. If Article 44 is removed, its deletion will not change the position of the Catholic Church. The Catholic Church will be there and will be thriving, probably to a greater extent, to the end of time. It is established by Christ; it is directed by the Holy Spirit. The fact that we in a small insignificant part of the world alter our Constitution by the deletion of the term "Roman Catholic Church" will have no bearing whatever on the fruitful expansion of the Holy Roman Catholic Church. It is right that it should go forth from all the faithful in that church that we are part of the great Christendom who believe in God and who welcome the members of other religious faiths. It is by working together, doing God's work together, that we should try to establish not only in our native land but throughout the world a lasting peace in which we can live in tolerance, understanding, charity, respect and brotherly love for one another.

As Deputy Flanagan has said, and he and I have spent nearly the same amount of time in the House, great changes are taking place and have taken place. I think in his obviously very genuine and very sincere speech he spoke for the majority of the people in the country when he said that no matter what we do about Article 44 of the Constitution, the position of the Catholic Church in the hearts and minds of the people of Ireland will not be changed. That was really the main point which he quite rightly wanted to stress. Also, I think he did give some expression to a feeling of puzzlement, doubt and concern that the House should take time to bring in this Bill and to make this change in our Constitution. That puzzlement and doubt may be shared by a considerable section of the community because, while I have said and many people say that this is a relatively unimportant act in itself, there is no doubt whatever that taken in the time, not only nationally, in the context of the terrible struggle in the North, but also in the time of the great changes taking place within the Catholic Church throughout the world, this is going to be from now on a stressful period for many people within our society. Many of the values, many of the ideas, many of the immutable truths which we have been led to believe were sacrosanct and could not be changed are, I believe, faced with inevitable change.

To some extent Deputy Flanagan echoed the commonly held belief of the negligible quality of Article 44 in our society but, leaving aside the important consideration that the 1937 Constitution purported to apply to the Thirty-two Counties—and therefore it seems to me its inclusion in 1937 by Mr. de Valera was an extraordinary gratuitous act of provocation to the religious minority in the total community of Ireland— leaving that aside for the moment, we do know that the inclusion of Article 44 has been of importance in certain instances in our courts and also in certain instances in this House.

I suppose I should try to clear up my own personal position in this because over the years it has appeared that I have taken up a particular position myself in relation to the Catholic Church and the general impression created has been one of sustained hostility to the Catholic Church. I should like to make it clear that I am, I have tried to be all my political life, a social revolutionary and that as such I have never considered either political party or religious organisation or institution, trade union movement or any other group of people gathered together except in the context of their influence or their power to retard or to further social revolution and it is only in that context that I would presume to discuss or consider the influence of any particular religion.

I am not concerned with the religious belief held by anybody. I think it would be an impertinence to criticise the religious belief of anybody. Nothing could be farther from my political attitudes than to question anybody's right to hold any religious views they wished. My sole concern always has been to consider the religion, the political party, the trade union movement leader, political leaders, whoever they are, simply in the context of the power and influence they have had in the attempts by some of us fundamentally to change the structure of our society and to create a socialist society. That is the only concern that I have ever had.

It is inevitable because of the special position of the Catholic Church, to which Deputy Flanagan quite rightly referred, in the minds of the mass of our people that it has become a particularly influential institution. The social and political attitudes of that institution were therefore of paramount importance in the kind of social organisation created by the products of that institution.

I am one of the products of that institution. I suppose it is true to say that 99 per cent of us here, for historical and other reasons, are products of that religious institution. My only conflict, if conflict it is, is with its political and social manifestations and not at all with the exclusively religious quality of Catholicism. We would be doing the Catholic Church a disservice if we were to say that it had not been influential in creating the kind of society in which we now live. The Catholic Church controls our whole educational system. It certainly has done so in the past 50 years. It has had the function of educating or indoctrinating—this is simply an unkind word for it but is just as valid in its meaning—all of us, first of all the electorate, through the electorate the Deputies, through them the parties, the Cabinet, the Government and the social and economic organisations of our society.

That seems to be a logical assessment of the effect and influence of the Catholic Church and the part that it has played in our society. The reality is, as Deputy Flanagan said, that the mass of the people owe allegiance to this belief which has a very clear-cut social and political pattern and is given a special position in our Constitution and defined in our Constitution. That very fact has been used in this House in my hearing, to justify the particular social attitude of at least one Government—and perfectly correctly in my view. If it is given a special position, presumably it must be given a right to special consideration for whatever attitudes and views it holds. I do not agree with this process but it seems to me to follow that, if you give it this special position in a Constitution, you can then use it to argue that thereafter one's social attitudes must be determined by this Constitution.

The problem is not a simple one. Everything that Deputy Flanagan said about our attitude to the minority religions is correct. There have been isolated incidents, which I do not particularly wish to refer to, of bigotry and sectarianism. The minority here have been treated in many ways as a privileged minority. I do not think the minority have much cause to complain, but I do not think it is quite as simple as that. There is a free exercise of religion and, as Deputy Carter said, we always encourage them to come into public affairs.

We have to remember that the 1937 Constitution and every Act and every provision of that Constitution has always to be considered in the context of our declared ambition for a united Ireland. I remember talking to a Cardinal on one occasion and saying that the present Northern struggle was a sectarian one. He said it was a political one. Ireland is not divided at all. Geographically, it is a unit. That is a simple truth. People think we can unite our country by bringing the two parts together, but it is much more difficult to have a country divided on sectarian grounds, on religious grounds. Every debate that has ever taken place on a social, economic or moral issue should have taken place in the context of the declaration of all parties. All the parties say they are republican. The Labour Party, the Fine Gael Party and the Fianna Fáil Party are republican parties. We all want the unity of our people.

One has a perfect right to create what John Hume has called a confessional State if you want to, a strictly Salazar type of republic or a South American type Catholic sectarian republic if one wants to. If the people decide that is what they want they have a right to have it, but it seems to me totally illogical to expect that you can have this kind of sectarian State and at the same time pave the way for union with a group of people who are inalienably hostile and opposed to the religious views which the majority of the people in that sectarian State hold.

It is we who are constantly seeking unity. It is we who are constantly saying we want to be united to our separated brethren in the North. They do not want unity. The Unionists have never made any pretence to wanting a united Ireland but, in spite of all our protests, there have been successive enactments here which have been sectarian, giving privileges to the majority religion down here. We are perfectly within our right to do that if we wish to do so. But as a preparation for unity, it seemed to me extraordinary that a man of considerable intelligence like Mr. de Valera, who whatever other failings he may have had, was an extremely shrewd, able and talented politician, could have believed that this gratuitous act of provocation to the religious minority in our total society could have passed unnoticed and could have in any way reduced the inhibitions, to put it at its lowest and its mildest, which the Protestant minority had in joining a united Ireland. It completely astonishes me. The inclusion then of Article 41 and of Article 2, making this provision apply to the whole island were obviously again further acts of gratuituous provocation to the minority. Let us put those in if we want to—I cannot emphasise this too much—but to expect the Protestant minority to ignore or not to notice them or not to resent them seems to me to be a succession of acts of such extraordinary naivete as to amount to near imbecility and we see the end results of it around us today, in this extraordinary impenetrability of our people in the south of Ireland to understand that we have provoked this minority who we profess we want to join us in unity and harmony.

Deputy Flanagan was correct in all the things he said about the position of the minority but this is my interpretation of all that. I share his belief that there has been tolerance and understanding, the right to free practice of religion and an extraordinary generosity in all aspects of the life of a religious minority in the community, including, of course, the famous act of making Douglas Hyde, a Protestant and member of the minority, the first President—quite an adroit act, in my view. I believe it was considered that it may not have been but it was done, to make the other provisions of the Constitution more palatable to the Protestant minority. Leaving that aside, however, the record is good where the minority is concerned, but I think that one has to look at the Protestant minority in the South a little more carefully. I believe they have been given every facility to build their schools, to build their institutions, to provide for their hospitals, to provide for the university, Trinity being the main one, and to provide every facility they might want to have or might need—prima facie extraordinary generosity, considering the whole historical development of our country over centuries, with penal laws and all the terrible things which we as Catholics suffered in our own time.

Considering these, prima facie, our whole attitude has been remarkably generous and tolerant and compassionate and, I suppose, in Deputy Flanagan's description, Christian, but I think it is fair to suggest that, first of all, this is a tiny minority, which incidentally is getting tinier. I have some figures here showing pupils in schools as between 1950 and 1970 dropping from 11,000 to 10,000. I do not want to make too much of that but it is a falling minority, a very tiny minority, an unthreatening minority and also rather a special kind of minority, a predominantly wealthy minority. That, again, of course, is a mark in our favour, if I may speak as a member of the Catholic majority in the South in so far as we did not take their wealth, their property and their land from them so that the result is that they are predominantly a privileged minority. They own the great institutions of wealth, the banks and house money-lending societies, factories, industries, and so on. They continue to own these and considerable amounts of property.

For that reason, therefore, many of the disabilities which I see stemming from either constitutional or legal enactments here, they have been able to evade quite simply. If they want divorce, they go to Britain for it; if they want education which they like for their children, they send them to England for it; if they want to have family planning, contraception, there is no serious problem really.

The Ne Temere decree, the position of mixed marriages, was rather more difficult but if you take these points, the decision to impose the Catholic attitude in relation to family planning and contraception by the Criminal Law (Amendment) Act, the Ne Temere decree upheld by the courts in the Tilson case, the matter of mixed marriages where the children must be Catholics—preferably that Protestants should not marry Catholics but if they do, the children must be Catholics— the denial of the right to divorce to those who conscientiously believe they have a right to divorce—all these disabilities could be largely overcome by the existing Protestant minority, but in a united Ireland—this is the important matter—the whole position changes completely and so the special position of the Catholic Church in regard to these matters which determined this kind of attitude in the courts and attitudes in this House becomes very much more important in the context of a united Ireland because then you have, first of all a significant, a frightening and threatening Protestant minority in the total community and predominantly within that significant Protestant minority, there are either working-class people or white collar workers, a relatively non-wealthy group, at any rate. You have then a completely different situation.

What we did, consciously or otherwise, during the last 50 years was to recognise the special position not only of the Catholic Church but of the Protestant minority, and to accept that because of their privileged position, of their wealth on the whole, they would not mind very much if we laid down some conditions for membership of that effective ghetto minority, because we told them: "You must not marry our children, you must go to school in our rigidly sectarian schools. If you marry our children, their children must be Catholics. If your marriage breaks down you cannot have divorce."

The whole process was one of separate development, rather on the lines of Vorster's separate development, except extremely paternalistic, extremely generous but, nevertheless, just as lethal in its isolation of the two communities. So, one in fact has in the South just as clear-cut a division between the Protestant minority and the Catholic majority as there is between the Catholic minority and the Protestant majority in the North. There are two partitions in Ireland, one in the North and one in the South.

So, as a preparation for a united Ireland we created here a well-off, well-educated, well fed and cared for Protestant minority here so long as they kept away from us, so long as they accepted their role in separate development in the South and did not miscegenate with the Catholic majority. If they did not accept this we stopped it by Ne Temere. That is one aspect of it but probably of even greater importance is the factor which determined the right of probably the most conservative Catholic Church in the world—there are many kinds of Catholic Church but the Irish Catholic Church, in its social attitudes over the years has been extremely conservative—to oppose by Catholic social teaching any attempt radically to change, even by reasonably moderate means, the social structure here, the old age pensions and other social benefits. We, accordingly, had a social vertical class structure in which 74 per cent of the property was held by 5 per cent of the people, the end product of the social policy of the Catholic Church here during 50 years. Extrapolate that to a united Ireland and what do we find? We find that our social services, health, education, care of old age, housing, social grants of one kind or another, are all very much lower—the latest trade union figures outlines them in great detail— than those paid in Northern Ireland.

Let me say we are doing the Catholic Church an injustice if we say she has not been influential in creating these enormous disparities which in my view, much more than the laws on contraception or Ne Temere, are the major obstacles to true unity. This was summed up for me quite recently. I was in the Newry march with some devout churchgoing working class people. You all know the circumstances of the march. It was very tense, very anxious and for people of their age it was quite a dangerous thing to be doing. They summed it up for me by saying: “Remember this afternoon we are not marching for a united Ireland. We are marching for civil rights.” They should not have said that because they should not have had to say it because it should not have been true. But it happens to be true.

I think that will be one of the defects in the referendum. If the Catholic Nationalists in the North get their civil rights, to which they have every right, then a referendum carried out in those circumstances, leaving no doubt in anybody's mind that whatever about the South being ready and prepared to pay the £300 million to £500 million per year mentioned in the Taoiseach's article in a German newspaper, the Catholic Nationalist in the North will vote with the Protestant Unionist. Gerry Fitt said the other day that he has more in common with Paisley or one of the others than he has with people down here.

I am trying to discuss this in the context of the situation in 1937 and the situation of crisis and possible civil war, and the role that has been played by our politicians here in the South over the years in taking action after action which together have led to a very clearcut, positive and completely justified reluctance on the part of the Northern Protestant Unionist and the intelligent Northern Catholic Nationalist to come together.

If I were the father of a family in the Six Counties I would vote against union with the South on the grounds of the lack of freedom of conscience and the gross defects in our social services, all of which have stemmed from the special position that the Catholic Church has held here since the State was founded. I know of no leader of any Government who professed to be republican from Mr. Cosgrave through Mr. de Valera, Mr. Lemass or the Taoiseach, Deputy Lynch, who has been prepared to subordinate his declared ambition and hope for a united Ireland to his prior loyalty to the Catholic Church.

Deputy Corish put it very well once when he said: "I am a Catholic first and an Irishman second." That goes for the vast majority of the politicians in this country during the past 50 years. I have no objection to that point of view except to say that at its mildest it is illogical in the context of those who say that they wish for peaceful unity with a significant sector of our society which differs from us on religious grounds in a deep and, it appears, irreconcilable way. Indeed, that attitude is totally hypocritical.

Often when watching the Taoiseach in action I realise the frighteningly difficult post that he holds. It is a post that I would not have for all the money in the world. The Taoiseach is head of the Government at a time when we all face very grave dangers because of the possibility of the breakdown of any existing control and of the spread of civil war both in the North and in the South. I do not underestimate the difficulties he faces. Sometimes I admire what I would consider the Chinese-like quality of his extraordinary patience but, on the other hand, I am astonished at the way in which at a time that he is asking for initiatives from Health and from the Northerners, his own reply is as minimal as this measure. There have been initiatives by way of the proroguing of Stormont and the issuing of the Green Paper.

I would not flatter myself by thinking that I see things more clearly, more patriotically or with greater insight than anybody else in this House, least of all the Taoiseach. Before we reach the stage at which we can enter into any serious discussion leading to a relaxation of the appalling hatred that exists between Catholics and Protestants there are many matters to be put right. The fears of both communities are very real and in my opinion entirely justifiable on the record. I am sure they will defend their beliefs in the same way as would the people about whom Deputy Flanagan spoke —the majority who profess the Catholic faith. For that majority the deletion of Article 44 will not lessen the special position that the church holds for them. Those Protestant people in the North who are frightened of us and of our religious, social and moral convictions and who hate us because of these convictions will fight us if we try to impose our convictions on them. In their fears and their sense of insecurity they would act as would a Catholic majority down here threatened with what they believed could be a complete take-over by some Protestant majority from the North.

The deletion of Article 44 is only of relative importance. The leader of the Labour Party has said that the Taoiseach will have the support of this party in dealing with the major measures in the Constitution which should be changed—Articles 2 and 41 —and also the amendment of the Criminal (Amendment) Act relating to contraception. I hope that the Taoiseach will accept the need for changes in all these matters in addition to accepting the need for improving all our social services—health, education, housing and so on. All these matters would have to be put right before we could go honourably either to the Northern Protestant Unionists or to the Northern Catholic Nationalists and tell them that should they come into a united Ireland they would not become second class citizens in a fifth-rate society.

In the course of our discussion on this Bill there has been a very wide review of our present conditions and, indeed, of our past attitudes. This morning particularly there was an element either of criticism by one group of another or of self-justification in relation to attitudes that existed in this State between 30 and 50 years ago. I wonder how relevant is any of this examination of the past to what we are discussing this evening. In particular I wonder how relevant it may be having regard to what we hope will be the condition of society in the whole of Ireland, whether together in one State or under whatever constitutional position we may have in the future.

If this justification or criticism of the past has any relevance, it is only in so far as it shows the inevitable development of attitudes that must occur in any country in a period of 50 years. To that extent it is relevant in showing how far or how little we have travelled in the last 30 or 40 years. It should be understood that it is no part of our function here to justify or to blame the past. We do little service to the present and offer little hope for the future if we set ourselves up with the wisdom of hindsight on what was done 30 or 50 years ago. Constitutions, like laws, are drafted for the conditions of the society as they exist at any particular time. The fact that the Constitution was accepted by the people was an indication of the views prevailing in the country at that time. In addition, it was presented to the people who had emerged from a condition which is different from that obtaining now and probably much more different from the condition we hope to attain in the future.

Deputy Browne, in what was a very reasoned contribution, referred to certain aspects of our society here. It is worth noting that some of the matters that caused him concern derive from the time before the establishment of the State. Separate education for the various denominations was not introduced by the first Government of this country. I am not suggesting that it is either a good or a bad thing but I am pointing out it was not introduced 30 or 50 years ago.

When one looks at the state of our society one must take into account the roots from which that society has sprung. One must acknowledge that because of what was done 50 years ago by Partition both parts of Ireland became a sheltered society and to some extent this applies even now. Each part developed according to a rather narrow ethos and without having an opportunity of communication and consultation that might have given rise to a different kind of society if Partition had not been introduced. However, Partition was introduced and that is another fact we must accept. In this part of the country where a significant majority belonged to the Roman Catholic faith it was inevitable that we were conditioned by the situation in which we found ourselves. Our religion, history, culture and our attitudes to these matters affected our laws. Let that be the end of it. Let us not continue to berate each other, to praise ourselves or to blame others for what was done 30 years ago. In discussing this or any other proposal let us look to the future because we are concerned with the future.

During the debate this measure has been described as a major step while others have called it window-dressing; in fact, every degree of importance or unimportance has been given to it. Which of us can be wise enough to say how important it is? The real test is not in what is contained in our Constitution. The real test of any society is the condition of that society operating under a Constitution or under laws framed for that society.

Having regard to our sheltered past and to the struggle of the vast majority of the people to achieve independence 50 years ago and the conditions they inherited, it is fair to say that there has been a welcome, even surprising, understanding between the communities in this part of the island. Deputy Browne has acknowledged this fact. I have said on numerous occasions that this is not something for which any Irishman wants to claim any credit; in fact, none of us wants to talk about the divisions that would exist if we were enumerated in terms of denomination. The social divisions referred to by Deputy Browne may have been characteristic of society 20 years ago, but now in Tipperary, and I am sure in other areas, they are not characteristic of society, with regard to business, social work, recreation or any other sphere. People mix together without regard to denomination.

It is necessary to say this because we may fall into the trap of criticising too much and not acknowledging to some extent what has emerged in our society during the last 20 years. It does not need to be stated that the Protestant minority and every other minority have been allowed to play, and have played, a significant role in the development of our society at political, commercial, cultural, judicial and every other level. The only significant thing is the fact that people who do not know the recent history of Irish society are surprised at the extent of the role played by the minorities. Perhaps this is because we have not promoted sufficiently this happy aspect to the world. Other people are surprised to learn of the high office held by many of the minority in this country since the establishment of the State. This is an indication of the kind of base we can build on in the future. If the sheltered past could yield such tolerance, the future can develop even greater tolerance.

I use the term "minority" merely for the purpose of definition. The less we talk of "minority" or "majority" in this or in any other society the better. One is a minority according to the views one holds of the social condition but hardly according to one's religious profession. The minorities have given willingly and their contribution has been welcomed readily.

This is a small island, North and South, and what happens in one part inter-reacts on the other. There have been conditions in the North which, in the past 50 years, may not have measured up to the same opportunity for the same tolerance as there was here, and which caused a reaction in that part of the country. It may also be because, as Deputy Dr. Browne says, the minority up there are numerically more significant, and possibly that the minority down here are in a more privileged position than the minority in the North. That may be the very reason why this problem has emerged in the North. It has reacted on the conditions in the South. In so far as we live together, and must live together, maybe this is not only inevitable but good.

None of us can live or continue to live in the sheltered State in which we lived up to comparatively recently. For this I put no blame on the past or on the figures of the past. We all recognise that, whatever be the structures of the future, we will become much more dependant one on the other, and the reactions in society will become more significant one on the other as we emerge into future generations.

If the Catholic Church has had a special position in this part of the country, as a Roman Catholic, I cannot say that this has been brought to my notice. It is not for me to say that others have not been offended. From any information I could get in the course of my short experience, and from my constant social communications with people of every denomination, I have not been made aware of it particularly so far as it may be alleged to derive from the provision we are now proposing to delete from the Constitution.

If Roman Catholics, or any other denomination for that matter, as has been said today, have a special attitude to their Church, and if their Church has a special position for them, this should prove one thing more than another, that is, that the more their Church has a special position in their minds, the more they must be mindful of the special responsibility they have towards others, not as members of a different denomination, but as fellow Irishmen in the same society. If any denomination were to preach anything other than understanding, tolerance and mutual co-operation, it would not have the support of the Irish people.

For that reason one of the possible happy consequences—it is not just a possible happy consequence; it is, indeed, a happy consequence—of the troubled development in the past five years particularly, has been that church leaders, church-goers, casual church-goers, people of every denomination, who previously might not have seen themselves as being Christians first and members of various denominations afterwards, are now looking upon themselves as having much more in common than they previously had. They are now praying together when previously they never did. They are now recognising that the divisions which have been promoted in the North of the country in particular because of religion, are a denial and abrogation of what religion means to members of any creed, Christian or otherwise.

Church leaders of Protestant denominations have expressed this view to me personally. They feel one thing at least has been achieved. None of us now, particularly church leaders, works out things in a vacuum. All of us recognise now how dependant we are in every sense, even in the practice of our religion, on our neighbours who may belong to a different denomination. Some people who fault our conditions here in this part of the country would almost blame us for partition, much less the consequences of it. Some people seem to imply that the solution for partition and the responsibility for it rests here. That is not in accordance with historical or present facts.

The danger is that, in making suggestions or criticisms of that sort, they may discourage the Irish people from taking an open, charitable and tolerant view of the conditions of society and taking a courageous view of the future. What relevance has it that our social services and various other things, which were referred to this morning particularly by Deputy Cluskey, may not measure up to those in the North of Ireland, when we are talking about the special position of the Catholic Church as referred to in our Constitution?

There are many factors which operate to affect harmony in a society. If we were to widen this debate to take in all those factors one year would not be enough, never mind one day. Looking at the factors with which we are concerned here, the significant thing is that whatever be the view of each of us individually, this is, as was said this morning, an opportunity to declare in favour of tolerance, not that the previous position represents intolerance but in so far as some people may have thought this special position of the Catholic Church represented intolerance, although this paragraph is not the whole of the Article. It is surprising how seldom the rest of the Article is referred to. In so far as it may have represented some special privilege, at least in the minds of people who did not know our society, at least we are saying to them: "We have reached the stage—it may not be a very significant stage—where we are now in a position to delete that provision."

Although it is not a representative view, I have heard leaders of extreme opinion in the North of Ireland refer to this Article outside this country as if the two paragraphs we propose to delete were the only two paragraphs in it. In fact, they were very reluctant to consider the other guarantees in the Article. In future such misrepresentation cannot be made of the conditions in our society. It may not be a major step. It may not even be a step. At least it is a turning of our faces towards a step. It is a turning of our faces towards those who may not yet be ready to turn their faces towards us for justifiable reasons, as they see it, people whose social conscience may be activated by higher ideals than ours and who may have reached their own conclusions through a different denominational practice.

It is more than that too. It is also a significant gesture to those in any part of the country who are restricted by prejudice which some people operate to effect political status. We have had parties called Protestant Unionists. We have had parties which apparently claimed adherence to a certain denomination and a special position for that denomination. People have been able to gather power and apparent authoritly for themselves because they have played on prejudice rather than developing the great potential of Christianity or, indeed, of any other creed.

To the extent to which we correct that type of abuse of religion in any part of this country we are taking a step forward. I hope that in no part of this island will we mix religion with politics or politics with religion. We have a chance now to pass on to those who come after us something significant, as those who went before us have passed on something significant to us. If we are humble enough to recognise that our contribution because of our imperfections must be small we will achieve something. If we allow any abuse of religion then we will have a very real charge to answer before the bar of future generations. I do not think it is the will of the people that this should happen. I do not think the deletion of this clause is a significant step but it is, at least, a gesture and an indication of our willingness and, if we achieve nothing more, we will at least have gone some way—there may be a long way still to go—to heal the divisions, particularly the divisions in the area of religion, an area in which only harmony should exist.

I have heard a good deal of this debate and I have been more struck by what the last three speakers said than I was by anything said earlier in the day. I refer to Deputy O.J. Flanagan, Deputy Noel Browne and the Parliamentary Secretary, Deputy O'Kennedy. The latter pointed out that many people describe what we are doing here as window-dressing, as something small, as something not worth doing. Possibly what we are doing is all of these things because this deletion is a very small gesture in itself, but there is the possibility that, if we make this gesture and take this small step forward, it will lead to bigger things.

I and my party would much prefer to see a new Constitution brought in.

I cannot understand why we should be asked to amend just one Article of the Constitution at a time when a committee are investigating the Constitution of 1937. The most sensible thing would have been to wait until the committee finished their deliberations. I understand their is a time limit. I understand that their findings must be unanimous. If we waited for the report of that committee we could then draw up a new Constitution and present it to the people for ratification. In the light of the committee, it is difficult to understand why this one amendment to one Article should be introduced at this stage. There may have been certain pressures. It may be that this will be beneficial from the point of view of handling the very dangerous and explosive situation in the North. I just do not know. We must, I suppose, be thankful for the little we get.

The clause in question could not give offence to reasonable people. It merely states, as Deputy Flanagan said, what is a fact. The Catholic Church is the guardian of the faith of the majority and, because it is, it holds a special position. The State also recognises other churches. If, of course, this could be interpreted as being Home Rule/ Rome Rule, then we are doing the right thing in deleting this clause from the Constitution. In the last 52 years Partition has caused many headaches and great sorrow to people in both parts of this island. Anything we can do towards moving one bit along the road to reunification of the people is to be welcomed. It is the people we must bring together. The island, as Deputy Browne said, is united anyway.

I was interested to hear the Parliamentary Secretary say that some people in the North blame us collectively down here for Partition. That was a welcome admission from a member of the Fianna Fáil Party. Over the years Partition, according to Fianna Fáil speakers, was an offence committed by the Cumann na nGaedheal Government. Partition, as the Parliamentary Secretary honestly admitted, goes back beyond the division of this country. The tragedy of the situation in the North has shaken both communities down here. Like the Parliamentary Secretary, I do not like using such words as majority, minority, Protestant, Catholic. There should be no need for these. In every country in the world wars have had religious foundations. However, as I said, events in the North have shaken both communities down here into a realisation that there is a problem in the Six Counties, a problem which cannot be solved by the tedious repetition of platitudes.

Every speaker has admitted that relationships between the two communities down here have been good. We have shown tolerance to those of a minority religion. What I am about to say now I have already said in my own part of the country to those of a minority faith: had they been completely one with us the evolution of events might have been written differently. They were good citizens, but the majority will admit that for years they lived in a kind of intellectual ghetto. They were good citizens. We mixed with them socially. We encouraged them to join political parties but it was only within the last few years that they began to realise that more was wanted of them. Even though they represented only 5 per cent of the population they were equal in every way. But it is only now that they are prepared to stand up and say what they have to say irrespective of whom what they have to say may insult. This is an attitude to be welcomed. As Deputy Browne pointed out, the majority of the people in the north-east do not want to come in with us.

Until we drive the fact home to everyone, political party leaders, Deputies, party members, ordinary citizens, that there are one million people in the North of this country who do not want to be part of the Republic of Ireland, we will not go near solving the problem of a divided Ireland. They cannot be coerced into joining us. We must find some way of showing them that it is in their interest to join with us, that we want them here, that it will be a better place for all of us to live if they will play their part in running it as a unit.

There is a horrifying account in one of the evening papers of an interview with the Grand Master of the Orange Lodge in which he says that one million Protestants in the North of Ireland have all the money and guns they want, that they have plenty of friends all over the world, that they would be glad to unite this country and make a present of it to the British Crown, that they will fight and that they will win. That is a reprehensible statement. It makes one shudder to think that a man in a responsible position as an elected representative could speak in such terms of hatred. However, we must recognise that Captain Orr is one of the people whom we say we would like to be united with. What are we going to do about it? Are we going to say: "We will throw out Captain Orr and keep John Hume"? We just cannot do that. We must take them, warts and all. We are the people who want to be united with them. It is up to us to show them that what we offer them is of benefit to them, that not alone will their contribution be of benefit to the whole island but it will be of benefit to their community as well. Until we realise that we must make the running in this, then we are a long way from uniting this country. In as much as this amendment to Article 44 of our Constitution is a small step in that direction, I welcome it but, as I said, I would much prefer to see a whole new Constitution being brought before the Dáil today.

Let me start by repeating what Deputy Barry has just said. I would much prefer to see a new Constitution being introduced and, perhaps, we are making a mistake in amending this and doing the job piecemeal. I was a member of the Constitution Committee that sat here for a number of years and brought in a number of recommendations; and as has been said so often here, the only thing we recommended against was what the Government put into operation, that is, an attempt to change the voting system. We did recommend at that time an amendment to Article 44 of the Constitution.

I do not agree at all with some of the statements made here today. Indeed, I wondered if we had got a bit mixed up. Some of the Deputies seemed to be debating a new Constitution and what should happen in regard to all the various sections of the Constitution. One Deputy got lost and started talking about a referendum; I think it was the Northern one he was talking about. Personally, I am surprised at the length of time spent debating this. I know it is very important and many people like myself want to put their point of view. However, in view of the fact that this is an amendment to the Constitution which nobody in the House appears to be opposing — except that many of us feel it would have been better to change the whole Constitution — it is rather a pity that so much time should be taken on this.

I do not believe for a moment that the deletion of these two subsections of the Constitution will have the Unionists in the North rushing in here. Nor do I believe it is the main reason why they do not want to come in here. I do not believe, and I think anyone is foolish who tries to persuade people inside or outside this House, that the Catholic Church, which has been mentioned here specifically, has been responsible for all the ills that have befallen this country over the past 50 years. That is a lot of nonsense, and the Deputy who made that comment must be as well aware of that as anybody else. We do have people who like to ride their own pet hobby horse and take a side swipe at this person or that person or at this institution or at that institution. I do not think that is what debate in this House is meant for.

Very briefly I should like to refer to a couple of points which may not have been dealt with already. First, seeing that everybody, including the Catholic Church itself, seems to be campaigning to have these two subsections deleted, why was there such delay in doing it. Secondly, I do not know whether or not many people have taken the trouble to read the Constitution. Because I was a member of the Constitution Committee and am at present on the Northern Committee which is dealing with the Constitution, I was struck by the fact that while the State recognises the special position of the Catholic Church, in reality this does not mean a thing to the Catholic Church. The Catholic Church realises that and the Cardinal said quite some time ago that he would shed no tears if that was removed. However, as regards the second provision:

The State also recognises the Church of Ireland, the Presbyterian Church in Ireland, the Methodist Church in Ireland, the Religious Society of Friends in Ireland, as well as the Jewish Congregations and the other religious denominations existing in Ireland at the date of the coming into operation of this Constitution.

Does anybody understand what that means, that a number of religious that have sprung up or have been introduced in this country since 1937 are illegal organisations under this Constitution? That point does not appear to have been noted by quite a number of people who talk about having these two subsections deleted. Therefore, for that reason only, this change should have been made long ago.

Reference has been made, as I have said, to various other sections and subsections of the Constitution that should be changed. As I have said at the start, a new Constitution is what most of us want, but let us remember that the main object of a Constitution or a change in the Constitution here should be to try to set up, as far as possible, a State which would be the envy of all our neighbours, a State with which nobody would object to being associated. We should go to extra trouble to ensure that when the Constitution is being rewritten, as I believe it must be rewritten, it will be a Constitution which will be accepted not alone by the people of Northern Ireland but by the majority of the people who live in this part of the country. This is a point which some people seem to overlook.

I am sorry that the occasion has been availed of by some Deputies to take a side swipe at some well-known institutions, for instance, the Catholic Church. That is a pity. I do not think anyone would suggest that any church, particularly any Christian church, has deliberately held down the social progress of a nation. I do not claim to be a better Catholic or a better Christian than anybody else in this House, but I do not think we should, in the National Parliament, attack a religion. I also think it is wrong to say, as one Deputy did say, that the other religions are in a privileged position in the South. I have a number of friends who are members of other religions; in fact, I have a number of friends who do not recognise any religion. The point is that these people get the same treatment as I do and as any other Catholic in this country does and that is the state which we should aim at. To suggest that simply because a person is a Catholic or a non-Catholic he should get preferential treatment or is getting preferential treatment or, worse still, is not getting the treatment he is entitled to, is wrong, it is mischievous and it should not be indulged in in this House.

If I was in the North at present and was one of the Nationalist minority, and claimed to be a Nationalist, then I should have as my aim a united Ireland. I know that social conditions here may make people think twice before they express the view that they want to join the Republic as it is now but for anybody to suggest that because the Republic at present is not perfect no Nationalist should vote for association with the Republic is again mischievous. This is the sort of talk which adds fuel to the fire of the venom of some of our Unionist friends in the North. This is the sort of talk which allows them to say: "Even the southern Republicans are saying it is not a State fit to go into."

I believe there is an awful lot wrong with this country, an awful lot of things that require changing. I would not blame the Catholic Church. I think I would be on a far safer bet to blame most of the ills of this country on the misrule of the present Government over very many years.

I agree with Deputy Tully on one sentiment he expressed.

The last one.

Not the last one. In many ways this debate ranged over a far wider area than is merited by the Bill itself. Much of the debate was almost like a debate on the British Government's Green Paper or whatever White Paper emerges from that on the basis of consideration of their thoughts expressed in the Green Paper.

I believe this step is necessary as being good in itself. I agree, furthermore, that it will help to disabuse people's minds in the North or Ireland, in Britain and throughout the world who are suffering from grave misconceptions as to the exact nature of the Article. I would agree with the view and I feel very strongly about it myself, that the amendments which involve the deletion of these two subsections are good in themselves because the two subsections as they now stand are superfluous and add nothing to the guarantees that exist in the Article. I want to emphasise that the Article that will stand after these deletions is a far more fundamental and basic Article.

In the first section the State acknowledges that the homage of public worship is due to Almighty God, a basic fundamental matter. With the deletion of the two subsections we go on to the next subsection that will remain and which is basic to the whole Article and, indeed, basic to a paragraph that exists in similar Articles guaranteeing freedom of worship under the United Nations and the Council of Europe and, indeed, under Constitutions in every civilised country in the world. It reads:

Freedom of conscience and the free profession and practice of religion are, subject to public order and morality, guaranteed to every citizen.

Once that subsection is there there is no need whatever for the two previous subsections. They are superfluous and redundant. That basic guarantee of free profession and practice of religion is further sustained by guarantees not to endow any religion, guarantees not to impose any disabilities or make any discrimination on the ground of religious profession, belief or status and further guarantees in regard to State aid for schools being non-discriminatory, the right of every religious denomination to manage its own affairs and manage its own property.

Article 44 stands. I want to emphasise that because there are misconceptions and loose talk already that Article 44 is being deleted. That is not the case. Article 44 is being trimmed down to a basic Article acknowledging that the homage of public worship is due to Almighty God and guaranteeing freedom of conscience and the free profession and practice of religion, guaranteeing not to discriminate in regard to any religion and not to endow any particular religion. For its own sake, in the interests of having a cleaner, more basic, more fundamental Article, without any surplus or redundant verbiage, I feel the Article will be a much better one giving a far more generally understood type of basic guarantee in regard to religion without these two subsections. As it now stands in 1972 for its own sake and on the very facts of the matter, irrespective of the question of the reconciliation of peoples in all Ireland, I feel the two subsections should go and that is the Government's view.

I will not enter into any futile controversy about why they were included in the 1937 Constitution, why the 1922 Constitution was not continued. All of these matters of controversy concerning the 1922 Constitution and the 1937 Constitution, in my view, are best left at this stage to the historians. We can have an academic discussion about the merits or demerits of the two Constitutions. Sufficient to say that these two Constitutions were drafted in the climate of a particular period — the one in 1922 drafted in the climate of the aftermath of the War of Independence, the Constitution of 1937 drafted 35 years ago in the climate of a very real political cleavage between the two main parties in this State as to whether or not the appendages that obtained in regard to the British crown at the time should be retained or removed. These were the dominant issues. I would suggest that in the debates on the 1937 Constitution these two subsections merited very little debate or discussion. We now move 35 years afterwards to an entirely new climate. First of all, these two subsections and nothing to the Article. There remains a basic Article which is far more widely understood and which is completely sustainable on its own without these superfluous subsections. Furthermore, in the climate of the present time I feel it is important to make every gesture, symbolic or actual, in so far as we can at present.

Time is running out. I would agree with the view expressed here by many Deputies that we should have a completely revamped Constitution or, indeed, a new Constitution. I agree with this view and, indeed, this is why the all-party committee is sitting at the moment. However, there are many Articles involved in any such revamping of the Constitution or any such new Constitution. There are many points of view as to whether the Constitution should be trimmed down to one of general principle rather to one of too much detail. All of these points of view will take some time to iron out, will take time for drafting and with the best will in the world we will not have a revamped Constitution or a new Constitution in the immediate months ahead but the immediate months ahead could be very important. We already have the British announcement, the green document, containing very interesting suggestions, the most dramatic of which is the commitment for the first time by a British Government, to the involvement of this part of Ireland in any all Ireland settlement. Growing from that, a White Paper will be brought in by the British Government. They are committed to changes not just in years ahead but changes in the whole structure of society in the North of Ireland that are going to take place in months ahead. I want to put it to the House that this is precisely the thinking behind the Government's action in bringing in this amendment at this particular time.

Our view was that this is an obvious anomaly which all parties agree should be removed. If this anomaly exists, if the section is widely misunderstood in Northern Ireland, Britain and throughout the world, if people mistakenly think it means something, that it is some sort of overall commitment to rule by the Catholic Church in the Twenty-six Counties even though we well know that it means nothing and anybody who studies it will know it means nothing, and if this section is widely used as an argument against us as not being in some way a democratic State with the normal democratic process but a State that is beholden to a particular church, that we have some sort of archaic sectarian society by reason of these subsections, if that is the view, now is the time when we are having the referendum on votes at 18 to say: "Let us get rid of it". I understand the all-party committee sitting at the moment have already agreed that it should go. They are moving to other areas of work.

The Government's view is that if we can synchronise this with our commitment to hold a referendum on votes at 18 why not do so and at least get that work out of the way. I mention that as the practical consideration motivating the Government to get rid of the surplus subsections in this Article. Time is not on our side. If decisions are to be made in the next few months on the future structure of the Six Counties we shall not have our new Constitution in draft then. Decisions will be taken by the British Government and consideration given to this matter in very great detail in the months ahead. Why not do something that can be done immediately which will be clearly understood as a positive gesture and a first step in the right direction? From the symbolic point of view I regard it as a significant step; here it may be regarded as a small step but symbols are very important in politics as we know.

The Minister can say that again.

That is a really new interpretation of it.

Pychological factors are often far more important than reality. Practising politicians know that it is not so much what the fact is; it is what people think the fact is. The fact is that these subsections are entirely unnecessary and redundant. We know that.

A 35-year conversion.

I have been appalled, as I am sure other Deputies have been, at the misconceptions existing regarding these subsections in Northern Ireland, Britain and other parts of the world; they just know Article 44 and see it as some sort of devilish Article which by some sinister means has been inserted by the Catholic Church to ensure its domination of our affairs. I have heard this view expressed widely by intelligent people including parliamentarians in Britain, Europe and the US. I have heard it on numerous occasions from people in Northern Ireland. Whether for mischievous reasons in some cases or genuine reasons in others it is a fact that a large number of supposedly intelligent people widely believe this about Article 44 — that it is some sinister device frustrating democratic development and ensuring our domination by the Catholic Church.

Everybody here knows that is not the case but what is relevant is that a large number think it is the case. When that misconception exists why not get a positive bonus out of it by saying: "If you think that, we shall get rid of it quickly"? We now have a chance to get rid of it and there is general agreement to get rid of it when the opportunity exists particularly in the present climate when the very serious reforms postulated by the British Government are being considered regarding Northern Ireland.

I have mentioned these factors so as to give a practical explanation of the Government view on this matter. I share the view of everybody here that the Constitution itself requires a very detailed review prior to bringing in a new document or a considerably amended document compared with what is there now.

Deputy Ryan made the criticism today that as it stands the Constitution runs into too much detail. This is a valid point and one to which I am sure the all-Party Committee is addressing itself. I certainly criticise that aspect of the existing Constitution. I thought some Deputies, although possibly just scoring points were rather naive in suggesting that because people advocated something in 1937 which proves to be wrong now, in some way that indicts the Constitution as a whole. That is not so. No Constitution should be an immutable document for all generations and all time. The insertion under Article 46 of the referendum procedure shows the framers of the Constitution envisaged change. The whole point of the referendum procedure written into the Constitution is to provide for change. When the public mind changes certain aspects of any Constitution become redundant and require change. That is why a Constitution should be, through the referendum process, a continuing living document that can be up-dated from time to time.

I should like to dissociate myself from some of the more extreme remarks made, particularly by Deputy Lenehan, this morning. These remarks regarding people in Northern Ireland with whom we have a difference are not helpful. We want to consider the situation now in this island as a whole, with compassion and sympathy and, above all, it is important to appreciate the other point of view and seek a path out of the morass in which we find ourselves. There is no point in ascribing blame even for some of the more recent horrible events which all of us deplore. Ascribing blame North or South to institutions lay or clerical at this stage in 1972 is counter-productive and hopeless. We are in a morass and the Government and, I think, all right-thinking people in this island believe that the Green Paper produced by the British Government points to some ways out of the morass. If agreement can be reached through discussion and debate which will induce the British Government, in its White Paper, to bring in structures that are positive and will bring reasonable-minded people together — and they appear to be intent on this for the first time in the history of these troubled islands — in the months ahead we may find a way out of the morass and a way of establishing structures which will command respect in both parts of Ireland if we can get together with a properly structured Council of Ireland providing an umbrella under which we shall try to work towards the national aspirations to which we all subscribe.

And we shall only get out of it together.

And we shall only get out of it together. Above all else, this requires to be emphasised. We can only get out of it on the basis of responsible people of all persuasions North and South coming together. Even though the light is faint and flickering at the moment there appears to be light ahead due to the fact that the matter is being tackled seriously, in my view, by the British Government for the first time ever. In that alone, in that admission by them that the problem has to be tackled and tackled immediately, that the sands of time are running out and that we in the South must be involved in these very admissions, which are the whole basis of the recent Green Paper, I see very real hope. Indeed, there is evidence of this in the very responsible attitude, which was referred to in the debate already, being adopted by the moderate Unionist parliamentarians, the moderate Unionist politicians, who were together in the Unionist Party and who now see the futility of extremism on their side. I think there is great hope in that direction too that many of these men are now anxious also to seek a formula under which we can with them get in under an umbrella under which extremism of both kinds can be dealt with firmly and absolutely and eliminated from the affairs of this island.

Finally, I should like to thank the House for the co-operation in facilitating the taking of the measure today. It has been a good debate. Any of the points of criticism that were made were valid enough in a debate. I should like to conclude on a practical note, that now that we have got the debate out of our system it is all-important that the three political parties forget about the debating points that were made legitimately today in regard to why this is being done now, why was it not done before, why is not more being done, why was it not included in the 1937 Constitution. All of these are legitimate parliamentary debating points but from now on we have to get together on the practical business of persuading a great majority of the people in particular to support the deletion of these subsections of Article 44. We are all together on securing the votes at 18 as a desirable social development, which is consistent again with what has already been done in the North of Ireland, in Britain, in the United States and in many European countries; we are committed already to that; but it is not as important from the national point of view that we have such an overwhelming majority in that case as it is in this case. It is fundamental from the national point of view that we down here are seen in the North of Ireland, in Britain and throughout the world in taking this step to do so in a very positive and overwhelming way, to ensure that 80 to 90 per cent of our people — at least that — come out positively and say that they want these subsections deleted, that we want to turn around and face our brethren in the other part of Ireland and say it is a small step but it is a step in the direction towards reconciliation. We want to ensure that that vote is recognised throughout the world as being the overwhelming decision of the Irish people and it is the three democratic legitimate parties in this Assembly who can do this most effectively through our supporters. It is up to us to ensure between now and polling day that this matter is fully explained to the public who support each of the three parties and that we really put our hearts into a total campaign to ensure that, at the very least, there is an 80 to 90 per cent majority. That is the target we should set ourselves. Once having achieved that, there can be no doubt in the minds of people who may have had misconceptions about us as to where our hearts and minds are in this part of Ireland.

Could I ask the Minister a question on the Constitution?

It is on the Constitution, not on this particular Article. The Minister mentioned votes at 18 and said that this should be carried by a big majority in the country. Could the Minister tell me whether or not it is proposed to have a provision whereby persons at 18 years of age can become Members of Parliament?

That is not being taken in this referendum. The Bill has been passed and is now law. The Bill relates only to votes at 18. The Bill does not relate to representation at 18 years in the Parliament.

This is a change in the Constitution.

This has been decided. That is a separate matter.

Is it proposed in the future to allow persons at 18 years of age to become Members of Parliament?

We have a Bill on that in but it has not been considered yet.

It has not been considered yet. That is another day's work.

Cuireadh agus aontaíodh an cheist.

Question put and agreed to.
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