Critics of enquiries vote 'hysterical'

Taoiseach Enda Kenny has accused opponents of the proposed Constitutional referendum on inquiries of "hysteria" and said he found…

Taoiseach Enda Kenny has accused opponents of the proposed Constitutional referendum on inquiries of "hysteria" and said he found it surprising that some members of the Oireachtas were opposed to proposal.

Mr Kenny said the purpose of the amendment was to allow members of Dáil Éireann and Seanad Eireann to conduct inquiries into matters of public interest without the expense of having to hold costly and long-running tribunals.

Other parliaments had such powers to hold inquiries into matters of public importance and it would be extraordinary if people did not support a proposal to authorise the people that they elected to Dáil Éireann to carry out such inquiries on their behalf, he said.

"What's going on here is a deliberate attempt to say to people the Oireachtas is going to take unto itself powers that are extreme, that would ruin people's lives. There is no such intent because they have to be set down by law and the law has to be in the common good," he said while canvassing in Cork with his party's presidential candidate, Gay Mitchell.

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A group of 12 TDs and Senators yesterday called on the Government to “pull” the amendment which is to be voted on next Thursday, and to redraft the proposal after extensive debate and consultation.

Failing that – and there is no likelihood of the proposed 30th amendment to the Constitution being withdrawn – the Independent TDs have called for a No vote in the referendum.

The five TDs in the United Left Alliance also called for a No vote yesterday, arguing that it would give too much power to the government of the day to hold investigations.

In a joint press conference they stressed the current system needed reform and an alternative needed to be created to lengthy and expensive tribunals. However, the Government’s proposed amendment will damage the current constitutional system of checks and balances, they argued.

“The Oireachtas needs to be able to hold inquiries,” said Wicklow Independent TD, Stephen Donnelly. “The problem is this amendment – it has been too rushed and there’s been too little debate. And crucially, it goes too far.” Mr Donnelly said that while the Government had published the outline of legislation that would limit the powers conferred under the amendment, any government, at any time in the future, could change this legislation. “Governments control the Oireachtas, and it is the government that will have this power.” He said it was “at best open to doubt” that people would still be able to go to the courts to defend their rights.

“The chairman of the Referendum Commission, Judge Bryan McMahon, was asked would an investigator have the power to search your house. He said that would depend on the legislation – and then he stressed that the legislation could be changed at any time.”

But today Mr Kenny rounded on Oireachtas opponents of the amendment, saying that he found such opposition surprising given that independent members frequently express frustration at their inability to effect change and influence decision making.

"I think for independent members to stand up and say that Dail Eireann is strangling them, that they have no function, that they have no authority and that they have no power - well, I think they need to examine where they are at here [with their opposition to the amendment].

"They were elected by the people in the public interest to hold the government to account from an independent perspective. We offer them the opportunity in asking the people to change the constitution to allow them to participate in that fundamental democratic process.