Seventeenth Amendment of the Constitution of Ireland
Encyclopedia
The Seventeenth Amendment of the Constitution of Ireland
provided that the confidentiality of meetings of the cabinet
would not prevent the High Court from ordering that certain information be disclosed when this was in the public interest. It was effected by the Seventeenth Amendment of the Constitution Act, 1997, which was approved by referendum
on 30 October 1997 and signed into law on the 14 November of the same year.
The amendment was adopted during the Fianna Fáil
–Progressive Democrats
coalition government of Bertie Ahern
but had been first drafted and suggested by the previous Fine Gael
–Labour Party
government led by John Bruton
. The amendment, therefore, had the support of all four major parties. The referendum occurred on the same day as the 1997 presidential election
, and voting went 632,777 (52.6%) in favour and 569,175 (47.4%) against. While the change shown above is that made to the English language version of the constitution, constitutionally it is the Irish
text that has precedence.
Constitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
provided that the confidentiality of meetings of the cabinet
Irish Government
The Government of Ireland is the cabinet that exercises executive authority in Ireland.-Members of the Government:Membership of the Government is regulated fundamentally by the Constitution of Ireland. The Government is headed by a prime minister called the Taoiseach...
would not prevent the High Court from ordering that certain information be disclosed when this was in the public interest. It was effected by the Seventeenth Amendment of the Constitution Act, 1997, which was approved by referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
on 30 October 1997 and signed into law on the 14 November of the same year.
Changes to the text
- Insertion of new Article 28.4.3:
- The confidentiality of discussions at meetings of the Government shall be respected in all circumstances save only where the High Court determines that disclosure should be made in respect of a particular matter-
-
- i. in the interests of the administration of justice by a Court, or
-
- ii. by virtue of an overriding public interest, pursuant to an application in that behalf by a tribunal appointed by the Government or a Minister of the Government on the authority of the Houses of the Oireachtas to inquire into a matter stated by them to be of public importance.
- (Existing Article 28.4.3 retained but renumbered as 28.4.4)
Overview
In 1992, during the enquiries of a tribunal into political corruption, the Supreme Court ruled that, as the constitution stood, the confidentiality of meetings of the Government (the Republic's cabinet) was unbreachable and absolute. The court derived its ruling from Article 28.4.2, which requires that the Government observe the principle of collective responsibility. The purpose of the Seventeenth Amendment was to allow cabinet confidentiality to be relaxed in certain circumstances.The amendment was adopted during the Fianna Fáil
Fianna Fáil
Fianna Fáil – The Republican Party , more commonly known as Fianna Fáil is a centrist political party in the Republic of Ireland, founded on 23 March 1926. Fianna Fáil's name is traditionally translated into English as Soldiers of Destiny, although a more accurate rendition would be Warriors of Fál...
–Progressive Democrats
Progressive Democrats
The Progressive Democrats , commonly known as the PDs, was a pro-free market liberal political party in the Republic of Ireland.Launched on 21 December 1985 by Desmond O'Malley and other politicians who had split from Fianna Fáil and Fine Gael, the Progressive Democrats took liberal positions on...
coalition government of Bertie Ahern
Bertie Ahern
Patrick Bartholomew "Bertie" Ahern is a former Irish politician who served as Taoiseach of Ireland from 26 June 1997 to 7 May 2008....
but had been first drafted and suggested by the previous Fine Gael
Fine Gael
Fine Gael is a centre-right to centrist political party in the Republic of Ireland. It is the single largest party in Ireland in the Oireachtas, in local government, and in terms of Members of the European Parliament. The party has a membership of over 35,000...
–Labour Party
Labour Party (Ireland)
The Labour Party is a social-democratic political party in the Republic of Ireland. The Labour Party was founded in 1912 in Clonmel, County Tipperary, by James Connolly, James Larkin and William X. O'Brien as the political wing of the Irish Trade Union Congress. Unlike the other main Irish...
government led by John Bruton
John Bruton
John Gerard Bruton is an Irish politician who served as Taoiseach of Ireland from 1994 to 1997. A minister under two taoisigh, Liam Cosgrave and Garret FitzGerald, Bruton held a number of the top posts in Irish government, including Minister for Finance , and Minister for Industry, Trade,...
. The amendment, therefore, had the support of all four major parties. The referendum occurred on the same day as the 1997 presidential election
Irish presidential election, 1997
-References:...
, and voting went 632,777 (52.6%) in favour and 569,175 (47.4%) against. While the change shown above is that made to the English language version of the constitution, constitutionally it is the Irish
Irish language
Irish , also known as Irish Gaelic, is a Goidelic language of the Indo-European language family, originating in Ireland and historically spoken by the Irish people. Irish is now spoken as a first language by a minority of Irish people, as well as being a second language of a larger proportion of...
text that has precedence.
Result
See also
- Cabinet (government)Cabinet (government)A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
- Politics of the Republic of IrelandPolitics of the Republic of IrelandIreland is a parliamentary, representative democratic republic and a member state of the European Union. While the head of state is the popularly elected President of Ireland, this is a largely ceremonial position with real political power being vested in the indirectly elected Taoiseach who is...
- History of the Republic of IrelandHistory of the Republic of IrelandThe Irish state originally came into being in 1922 as the Irish Free State, a dominion of the British Commonwealth, having seceded from the United Kingdom under the Anglo-Irish Treaty. It comprises of 26 of Ireland's 32 counties...
- Constitutional amendmentConstitutional amendmentA constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
External links
- Seventeenth Amendment of the Constitution Act, 1997 (Full text at IrishStatuteBook.ie)
- Full text of the Constitution of Ireland (Accurate up to and including the Twenty-seventh Amendment from Department of the Taoiseach)
- The Unabridged Constitution of Ireland (Unofficial variorum edition – accurate only up to Twentieth Amendment)