by Carol Coulter THE PENALTY for non-appearance at an inquiry set up under the proposed 30th amendment to the Constitution will be a fine of up to €500,000 or five years’ imprisonment, according to a spokeswoman for Minister for Public Expenditure and Reform Brendan Howlin… Read more: http://www.irishtimes.com/newspaper/ireland/2011/1026/1224306507552.html
Sir, – As a member of the Oireachtas – to whom dangerous new powers are proposed to be in entrusted in tomorrow’s referendum – I am incredulous. I am one of the last people on God’s Earth suitable to be given such a golden opportunity to target political opponents. In case I am accused of … Continue reading
by Déaglán de Bréadún EXTENDING THE powers of Oireachtas inquiries would open the door to politically biased judgments against individuals, a lawyer involved in the Abbeylara case has said. Peter Mullan represented the family of the late John Carthy, whose fatal shooting in April 2000 ultimately gave rise to a constitutional amendment to be voted … Continue reading
OIREACHTAS COMMITTEES: THE CONSTITUTIONAL amendment to widen the scope of Oireachtas inquiries could “undermine and dilute” the rights of the citizen, Independent presidential candidate Mary Davis has said. Declaring her intention to vote against the 30th Amendment to the Constitution, she said the debate had been “inadequate and insufficient”. Read more: http://www.irishtimes.com/newspaper/ireland/2011/1025/1224306446647.html
by Stephen Collins THE NUMBER of people who intend to vote No to the constitutional amendment giving the Oireachtas powers of investigation has doubled since early October but a substantial majority still favours the proposal, according to the latest Irish Times /Ipsos MRBI poll. With almost a quarter of the electorate in the undecided category the … Continue reading
Letter by the solicitor who represented Senator Ivor Callely in his successful High Court challenge to a Seanad inquiry, opposing the referendum. Sir, – As the solicitor who represented Senator Ivor Callely in his successful vindication in the High Court which held that the Oireachtas Committee of Inquiry breached his constitutional rights, I have a … Continue reading
Letter from Mr. JOHN MULLIGAN, who originally complained to the Clerk of Seanad Éireann regarding Senator Ivor Callely’s expense claims. Sir, – In May 2010 I exercised my right as a citizen to make a complaint to the clerk of the Seanad in respect of claims by Senator Ivor Callely for travel expenses from his … Continue reading
by Déaglán de Bréadún NO CAMPAIGN: THE SOLICITOR who represented former senator Ivor Callely in his successful High Court action to overturn the findings of an Oireachtas committee has come out in opposition to the 30th Amendment to the Constitution… Read more: http://www.irishtimes.com/newspaper/ireland/2011/1025/1224306446663.html
The National Union of Journalists (NUJ) has written to the Referendum Commission seeking clarification of the implications for journalists of the 30th amendment to the Constitution, which will be put to voters on Thursday… Read more: http://www.irishtimes.com/newspaper/breaking/2011/1025/breaking44.html
by Déaglán de Bréadún THE PROPOSED Abbeylara amendment to the Constitution, which would give extra powers to Oireachtas committees, was “pointless and useless”, former Fianna Fáil minister Mary O’Rourke has said. Ms O’Rourke told a news conference of the Irish Council for Civil Liberties in Dublin yesterday that committees had “a sort of an intoxicating … Continue reading
Excellent, balanced article from Dearbhail McDonald “That safeguard of independence is not to protect the judges, but to protect those — you and me — who may appear before them.” http://www.independent.ie/opinion/analysis/dearbhail-mcdonald-we-need-a-proper-debate-before-voting-on-handing-over-our-rights-2907748.html
By Tom McGurk “Taken together, these two referendums represent an extraordinary attack on the separation of powers. So if you want your publicans, school teachers, trade union officials and undertakers (the principal professions ofmost of our politicians) to adjudicate onwhere our individual rights begin and end – instead of the courts, with the force of … Continue reading
Below is the full text of the letter sent by eight ex-AGs to the national newspapers, published on the 24th October, 2011: “We are strongly opposed to the current proposals to amend the Constitution for the following reasons. “The proposal in relation to Oireachtas enquiries seriously weakens the rights of individual citizens, firstly to protect … Continue reading
By Carol Coulter “In an unprecedented intervention, which is likely to cause consternation in Government circles, the eight from a variety of political backgrounds have written to the national newspapers expressing their opposition to the proposed wordings.” http://www.irishtimes.com/newspaper/frontpage/2011/1024/1224306390102.html#.TqSpNDV7aSM.twitter
by Eoin O’Dell Growing up, I loved the comic 2000AD, and one of its leading characters was Judge Dredd (pictured left). We never saw underneath his helmet’s visor because – with his catchphrase “I am the law” (echoed by Lord Thurlow LC in The Madness of King George) – he represents the impartiality and facelessness … Continue reading
Below is an extract from the Irish Council for Civil Liberties (www.iccl.ie) pamphlet opposing the 30th Amendment. More information can be found at http://www.kangaroocourts.net “MORE POWERS FOR THE OIREACHTAS? WHAT’S THE RUSH? Have you received your information guide from the Referendum Commission? If you are lucky, it dropped through your letterbox barely a week before … Continue reading
The Irish Council for Civil Liberties (ICCL) is Ireland’s leading independent human rights watchdog, which monitors, educates and campaigns in order to secure full enjoyment of human rights for everyone. “The Irish Council for Civil Liberties Association believes that these proposals are rushed and ill-considered, and do not strike the right balance between the public … Continue reading
he independent Referendum Commission provides impartial information about the referendum on the pay of judges here: http://www.referendum2011.ie/your-decision/referendum-on-the-pay-of-judges
The independent Referendum Commission provides impartial information about the referendum on inquiries here: http://www.referendum2011.ie/your-decision/referendum-on-inquiries-by-the-oireachtas
By Conor Lally “FORMER CHIEF Justice Mr Justice Ronan Keane has criticised the Government’s referendum on reducing the pay of serving judges as “quite remarkably vague”. He said while members of the judiciary should share some part of the crisis in the public finances, he questioned if the proposals to reduce judges’ remuneration would make … Continue reading
By Eoin Daly “The fear amongst some lawyers is that the wording of the proposed amendment is too vague and may allow for abusive, vindictive reductions to judicial pay essentially aimed at undermining judicial independence. This, it is argued, may ultimately undermine the rule of law and the safeguarding of constitutional rights against the political … Continue reading
by Paul MacMahon “Fourth, the proposal doesn’t provide a role for any independent body in determining whether a judicial pay-cut is justified. Admittedly, Ireland is overrun with commissions, tribunals, and quangos, so my general view is that proposals for independent commissions composed of worthy personages are presumptively suspect. But there might a place for one … Continue reading
“This government is taking advantage of this combination of factors to push through a flawed amendment in order to score populist headlines.” http://rkennedy.ie/blog/Archives/2011/July/Separationofpowersoranin.html
by Tom O’Malley “A great deal more thought and, above all, a great deal more dispassionate debate is needed in this country before we proceed to amend the Constitution in the manner now being proposed. We should begin with measures to depoliticise entirely all judicial appointments and then develop an acceptable mechanism for having judicial … Continue reading
By Eoin Daly “It would be preferable, I believe, to conduct the debate in terms of whether it may ever be justifiable or desirable to accord to parliamentarians, to the exclusion of judges, the determination of how individual rights and the common good are to be balanced. Although I would support an amendment giving the … Continue reading
By Eoin Daly. “I wish to see the Oireachtas enjoy a fuller scope of inquiry power, but the proposed subsection 4 appears not only entirely gratuitous and unnecessary, but also potentially dangerous.” http://www.humanrights.ie/index.php/2011/09/12/reversing-abbeylara-a-commentary-on-the-thirtieth-amendment-of-the-constitution-bill/
By Michael McDowell. “I confess that I was absolutely shocked by what I found in the proposed constitutional amendment and in the proposed legislation (for what it is worth since it can be amended at any later stage). The proposal is utterly disproportionate and completely unjustifiable. A different, moderate, well thought out, and balanced amendment … Continue reading
By Estelle Feldman “The Constitution has placed the judges in a balancing position in our parliamentary democracy. They are required to protect the people without fear or favour against potential and real abuse of power by elected politicians and appointed public officials. “ http://www.irishtimes.com/newspaper/opinion/2011/0916/1224304195577.html
By Donncha O’Connell “It would, however, be better not to take that risk. The hope that politicians, of the sort that we elect, can be trained to behave in a manner that lacks objective or institutional bias is, frankly, a rather Olympian leap of faith.” http://www.irishtimes.com/newspaper/opinion/2011/0916/1224304195636.html
Articles for and against giving committees of politicians the power to conduct inquiries into the affairs of citizens. PJ O’Meara and Mark Kennedy for. Senator Ronán Mullen and Patricia McKenna against http://www.irishtimes.com/newspaper/opinion/2011/1017/1224305921200.html
Column on TheJournal.ie from Culch.ie columnist Sinead Keogh: http://www.thejournal.ie/readme/column-cutting-judges%e2%80%99-pay-has-a-price-%e2%80%93-and-it%e2%80%99s-not-worth-it/?utm_source=shortlink
