MOST OF the Dáil’s Independent TDs have come out in opposition to the Government’s proposal to amend the Constitution to allow politicians carry out inquiries.
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Failing that – and there is no likelihood of the proposed 30th amendment to the Constitution being withdrawn – the Independent TDs have called for a No vote in the referendum.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.
Taoiseach Enda Kenny dismissed their concerns, saying he had no intention of overstepping the mark. Elected representatives would simply be able to carry out inquiries into matters of public importance “in certain circumstances”.
Mr Kenny said the aim was to cut out interminable, never-ending tribunals that go on for years at huge cost.
Independent TDs attending a joint press conference yesterday stressed that 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.”
“The bottom line is this: would you give this power to your political opponent? The power to investigate you, and to make findings against you, without right of appeal or review by the courts,” said Mr Donnelly.
Even if the electorate voted Yes to the amendment next week, the Government should bring forward a new text, have it debated extensively in Dáil committees, consult expert opinion and put it to the people next year, he said.
Dublin North-East TD Finian McGrath said he had grave reservations about the proposal. He criticised the lack of debate about the proposal and claimed the legislation was rushed through the Oireachtas. The amendment would give power to the Government not the Oireachtas and could exclude the courts from intervening in particular situations when people were being investigated.
Dublin South TD Shane Ross described the amendment as appalling and dangerous and claimed the referendum was deliberately being held on the same day as the presidential election to stifle debate.
Independent Senator Ronan Mullen predicted the measure would bring politicians into disrepute rather than enhancing their reputation because they would be perceived as being partisan.
Other Independents who expressed opposition to the amendment yesterday included TDs Catherine Murphy, Maureen O’Sullivan, John Halligan, Mick Wallace, Luke Flanagan, Thomas Pringle, Tom Fleming and Senator John Crown.