Government chose to 'delete rule of law'

REFERENDUMS:THE IRISH Council for Civil Liberties has accused the Government of choosing to "delete the rule of law" from its proposed referendum wording on extending the powers of parliamentary committees.

However, ahead of today’s vote on the referendum, Minister for Justice Alan Shatter said the proposals to give additional powers to Oireachtas inquiries embodied fairness and accountability.

The council, which has campaigned for a No vote, said the report of an Oireachtas committee recommended wording for a constitutional amendment “that would protect rights to a far greater extent than the text that the Government has chosen to put before the people”.

Council director Mark Kelly said: “In January this year, a joint Oireachtas committee produced wording for an amendment to the Constitution which would have required that the balance between rights of the individual and the public interest be regulated by law.

“However, the amendment that the Government has chosen to put before the people instead places this balancing power directly in the hands of Oireachtas members.

“It is for this reason that the No campaign has accurately characterised these proposals as capable of turning Oireachtas committees into kangaroo courts.”But Mr Shatter said: “Fairness and accountability are central to the Government’s reform agenda.”

He said: “In urging a Yes vote on both constitutional proposals, I am asking all voters to support the Government in implementing badly needed and promised reforms crucial to ensuring continuing respect for our judiciary and real parliamentary accountability to strengthen our democracy.”

Speaking on RTÉ’s Pat Kenny radio showyesterday, chairman of the Referendum Commission, retired High Court judge Bryan McMahon, said the proposed 30th amendment was “a political reaction to the Abbeylara judgment, namely, an attempt to get these powers transferred from the courts into the Oireachtas”. He said: “I am not saying whether that’s a good or a bad thing, that’s a matter for the people to decide.”

THE WORDINGS

JUDGES’ PAY

At present, Article 35.5 of the Constitution states: “The remuneration of a judge shall not be reduced during his continuance in office.” It is proposed to replace this with the following wording:

5 1° The remuneration of judges shall not be reduced during their continuance in office save in accordance with this section.

2° The remuneration of judges is subject to the imposition of taxes, levies or other charges that are imposed by law on persons generally or persons belonging to a particular class.

3° Where, before or after the enactment of this section, reductions have been or are made by law to the remuneration of persons belonging to classes of persons whose remuneration is paid out of public money and such law states that those reductions are in the public interest, provision may also be made by law to make proportionate reductions to the remuneration of judges.

OIREACHTAS INQUIRIES

The 30th Amendment to the Constitution proposes to renumber Article 15.10 of Bunreacht na hÉireann as 15.10.1° and insert the following subsections:

2° Each House shall have the power to conduct an inquiry, or an inquiry with the other House, in a manner provided for by law, into any matter stated by the House or Houses concerned to be of general public importance.

3° In the course of any such inquiry the conduct of any person (whether or not a member of either House) may be investigated and the House or Houses concerned may make findings in respect of the conduct of that person concerning the matter to which the inquiry relates.

4° It shall be for the House or Houses concerned to determine, with due regard to the principles of fair procedures, the appropriate balance between the rights of persons and the public interest for the purposes of ensuring an effective inquiry into any matter to which subsection 2° applies.