The two other referendums in which the people will vote on Thursday of next week have been sidelined by the divisive, if low-key, public debate on the Nice Treaty. The Twenty-first Amendment of the Constitution (No 2) Bill on the blue ballot paper proposes the abolition of the death penalty. The Twenty-third Amendment of the Constitution Bill on the pink ballot paper proposes the ratification of the Rome Statute of the International Criminal Court. Both are worthy objectives of any civilised society in the modern age.
In the twenty-first amendment, voters will be asked to decide whether they are in favour, not just of the removal from the Constitution of all references to the death penalty, but the introduction of a constitutional ban prohibiting the Oireachtas from enacting any law providing for the imposition of the death penalty in the future. This will require changes to four separate existing provisions. Article 28.3.3, for example, permits the Houses of the Oireachtas to declare a state of emergency by reason of war, armed rebellion or an armed conflict arising outside the State which affects the vital interests of the State. If the amendment is passed, no law could be made providing for the death penalty in any circumstances - even if there were a state of emergency.
The twenty-third amendment will ask voters to ratify the Rome Statute on the International Criminal Court (1998) which will transfer some element of sovereignty in criminal matters from the jurisdiction of the Irish courts. It provides for the establishment of a permanent international criminal court in association with the United Nations. The function of this court is to try, in certain defined circumstances, persons charged with genocide, crimes against humanity, war crimes and aggression. Unlike the previous international criminal tribunals, it will be a permanent court. The new court will consist of 18 full-time judges and will sit in The Hague.
There are compelling reasons to vote Yes in both of these referendums. The death penalty has been abolished in this State since the Criminal Justice Act, 1990, and it has not been used since 1954. It was last imposed on Noel and Marie Murray, convicted of the capital murder of Garda Michael Reynolds in 1976. They later successfully appealed against the capital element of the offence and were sentenced to life imprisonment. Despite the abolition of the death penalty in law, references to it remain in the Constitution.
The setting up of the International Criminal Court of the United Nations, to replace ad hoc war crimes tribunals, will create a permanent place where the most heinous of crimes can be prosecuted. The community of nations will come together in a trans-national forum to adjudicate on the most barbaric crimes against humanity. Surely these are issues on which Ireland can not be neutral.
The two referendums have been the subject of very little debate. There is no No campaign to the abolition of the death penalty and just one No group, including the former High Court judge, Mr Justice Rory O'Hanlon, which makes the spurious argument that the International Criminal Court could give back-door recognition to abortion. There are valid arguments for and against the Nice Treaty. But, even the most convinced neutralists should vote Yes to the abolition of the death penalty and the setting up of the International Criminal Court. With a seat on the Security Council of the United Nations for the first time in our history, these amendments lend moral authority to our place on the world stage.