DISCIPLINE AND unity of purpose are important elements within any political party but control mechanisms within the Oireachtas verge on the autocratic. The rules that apply can be traced back to the Irish Party in the House of Commons when, in pursuit of Home Rule, Charles Stewart Parnell demanded total obedience from Irish MPs. After nearly 100 years of independence, it is time to review the benefits of such rigid rules and the negative impact they may have on the quality of our democracy.
A constitutional convention will be held later this year to examine possible changes to the electoral system, the presidential term and voting age. And while the convention’s terms of reference do not envisage a review of the internal disciplinary system of political parties, such an impartial examination could help all parties to adopt more flexible procedures.
In recent weeks, as opposition to the introduction of legislation that would allow for abortion in certain limited circumstances has grown within Fine Gael and the Labour Party, there have been demands for a “free vote” in the Dáil. It is a reasonable request. Public representatives should not be expected to jettison personal beliefs for party policy. In the past, such reform was only urged in relation to issues touching on abortion, divorce or contraception. Surely other ethical-moral considerations, like poverty, healthcare and social equity should also qualify?
If a TD abstains in a Dáil vote – never mind voting against the party’s position – he or she automatically forfeits the party whip. They are expelled from the parliamentary party but can keep their seat as an Independent TD while remaining within the national organisation. The situation is less oppressive in other mature European democracies. Similarly in the United States, negotiations can take place across party lines and limited dissent is an acceptable feature. At Westminster, a system of one, two and three-line whips operate, indicating the importance of issues. Considerable room for individual conscience and local pressure is therefore allowed. Defying a three-line is regarded as very serious and may – only may – bring expulsion. On the other hand, cabinet solidarity demands that a minister immediately resign if he or she breaks with colleagues.
A “free vote” was last allowed in 1974 when – following a Supreme Court ruling – legislation to decriminalise the use of contraceptives by married couples was introduced by a Fine Gael-Labour government. The Bill was opposed by Fianna Fáil on grounds of public morality and health. It was defeated when the then taoiseach Liam Cosgrave and his minister for justice Paddy Cooney sensationally crossed the Dáil floor and voted against their own legislation. Neither resigned. There is broad agreement within all parties that the power of the Executive is excessive in its relations with and control of the Oireachtas. Archaic disciplinary rules perpetuate that imbalance. Reform of the whip system within all parties should increase parliamentary independence and curb the power and arrogance of the Executive.