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”.
“I have taken the decision to vote against this proposed change to the Constitution,” she said in a statement.
“I have real concerns that this change – if approved – will undermine and dilute the rights of every citizen of this State.
“In addition, whilst this proposed change will grant considerable new power to our political system, the debate on this matter has been entirely inadequate and insufficient.
“ It is up to each voter to decide for themselves how they will vote. I would urge all voters to examine this question carefully, to consider both the positive and negative aspects that arise, and to make an informed decision in relation to this matter on October 27th,” Ms Davis said.
Green Party leader and former communications minister Eamon Ryan said the amendment “risks creating a crucible for political witch-hunts rather than proper public investigation”.
“Subsection 4 of the proposed amendment represents a radical change by giving the Government the power to decide between the rights of the individual and the public interest in future parliamentary inquiries.
“The accompanying draft legislation heightens such concerns as it proposes a ‘trial by Dáil’ process, where politicians effectively take on a judicial role. Such a breach in our separation of powers could be misused at any time in the future and would undermine public confidence in the political system itself.
“It is not credible that a future government would avoid using the new powers of investigation for short-term political advantage.
“It is not credible that members of a future investigation committee would avoid using the public hearings to play to the populist public gallery rather than to the wider national interest,” Mr Ryan said in a statement.
The Irish Council for Civil Liberties launched an anti-amendment “roadshow” outside the Dáil where two members dressed in kangaroo outfits promoted the website www.kangaroocourts.net
The campaign features a “No to the 30th Amendment” mobile billboard which will be covering a total of 1,200 miles around Dublin, Cork, Limerick and Galway “warning citizens of the dangers of ‘kangaroo courts’ if this amendment is passed”.
Council director Mark Kelly said: “This morning, eight former attorneys general reaffirmed the No campaign’s message that this amendment seriously weakens the rights of people to protect their good names and to have access to the courts if unfair proceedings are applied by the Oireachtas.
“Anyone who cannot be sure – beyond a reasonable doubt – that this amendment will protect their rights should vote No to these Government proposals to turn Oireachtas committees into kangaroo courts,” Mr Kelly added.
The council has expressed concern “that the good name of a person could be tarnished by an Oireachtas committee through procedures that fail to protect their rights, and that the inquiry process would not be open to challenge in the courts”.
The organisation also points out: “The General Scheme of the Bill was only published on 6th October 2011 and the Referendum Commission guide on the two referendums was published one week ago, on 11th October 2011.
“It is inappropriate for such a potentially far-reaching amendment to be rushed through the Oireachtas and put before the people without mature consideration and adequate debate,” a council statement said.