Referendum Bill 'a gross abuse of power'

Calls were made for the President, Mrs McAleese, to refer the Referendum Bill to the Supreme Court with the Opposition describing it as "outrageous", "democratic sabotage" and a "gross abuse of power" by the Government.

The Bill removes the Referendum Commission's role in presenting the arguments for and against proposed amendments to the Constitution, but gives it additional functions to promote awareness and voter participation.

Fine Gael's Justice spokesman, Mr Alan Shatter, said the way the Bill was being "rammed through", just two days after it was published, was "beyond belief".

Calling for the President to refer the Bill to the Supreme Court, he said there should not be a repeat situation where a referendum is called and both the High Court and Supreme Court have to pronounce on its constitutionality in the middle of the campaign.

The legislation was "to stifle debate and protect its deeply flawed abortion proposals from sustained public scrutiny".

However, Mr Brian Lenihan (FF, Dublin West), chairman of the Oireachtas Committee on the Constitution, said there was nothing in the Bill which infringed the McKenna judgment in any respect and "there is nothing in the Bill that infringes the Constitution".

The Minister of State for the Environment, Mr Bobby Molloy, who introduced the legislation said the "political needs of a referendum cannot be met by setting before the electorate two lists of arguments, all of them detached from the contexts that give them sense and weight, in an effort to be even-handed. That leads to leaden rather than lively presentation."

Mr Molloy pointed to the recommendations of the Oireachtas Committee on the Constitution, which included the allocation of finance among pro- and anti-sides. However, he said the Government "has decided not to proceed with the recommendation at this stage", because it required further careful consideration on issues such as how finance should be divided and who should receive them.

Ms Olivia Mitchell (FG, Dublin South) said the Minister was "embarking on a very rocky road of attempting to artificially set up a situation which is geared specifically to favour the passing of one particular constitutional amendment".

Labour's Environment spokesman, Mr Eamon Gilmore said the Bill was constructed with "nothing else in mind than the forthcoming abortion referendum". But "I firmly believe it will be challenged in the courts".

Mr Trevor Sargent, (Green, Dublin North) said the Commission was being sabotaged by not being able to carry out the role it was given, and it was "the Government's fault that we have a problem with referenda".

Mr Caoimhgh∅n ╙ Caolβin (SF, Cavan-Monaghan) said the Bill was a "gross abuse of power by the Government. It is the rule of the bully. If your opponent defeats you fair and square and by the rules, then change the rules". He said the Government parties, Fine Gael and Labour were defeated in the Nice Treaty referendum.

"Rather than accept and act upon the decision of the electorate, the Government has tried to explain away that decision and has found a scapegoat in the Referendum Commission."

The Bill passed all stages. Only four independent TDs challenged a division at final stage, but because they did not have the support of Fine Gael and Labour, a full vote could not be taken.