Thirtieth Amendment of the Constitution Bill 2011 (Ireland)
Encyclopedia
The Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011 (No.47 of 2011; ) was a bill
which, if enacted, would have amended the Constitution of Ireland
"in order to provide for the
Houses of the Oireachtas
to conduct full inquiries". The bill was passed by both houses of the Oireachtas
, but rejected at a referendum
held on 27 October 2011.
, John Carthy, who had bipolar affective disorder, barricaded himself into his residence with a shotgun in a dispute over plans to move to a new house. The Garda Emergency Response Unit (ERU) was called to the scene, and after a 25-hour siege, Carthy was shot dead. Carthy's family claimed the Garda had mishandled the situtation and that a planned Garda internal inquiry would be inadequate. On 8 March 2001 the Oireachtas
Joint Committee on Justice, Equality, Defence and Women's Rights established a "Sub-Committee on the Abbeylara Incident". Although the Carthy family wanted an independent Tribunal of Inquiry, an Oireachtas inquiry was preferred as being cheaper and quicker. It planned to complete its investigation in three weeks and then issue conclusions. The Sub-Committee claimed the right to compel ERU members to give evidence, under the Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act, 1997. The ERU members sought judicial review
that the subcommittee would be acting ultra vires
in compelling them to attend and then issuing a report that criticised them. On 11 March 2002, the Supreme Court
agreed, by six votes to one.
The Oireachtas instead established a Tribunal of Inquiry, called the Barr Tribunal
after its sole member, Robert Barr. This tribunal sat in public for 208 days between 7 January 2003 and 7 December 2004. Its 744-page report was issued on 20 July 2006. Its total cost was almost €18 million.
From November 2010 to January 2011, the Oireachtas Joint Committee on the Constitution reviewed the Parliamentary Power of Inquiry under Article 15. Its January 2011 report recommended a Constitutional amendment, to be followed by enabling legislation and a protocol under the standing orders of each House. Oireachtas inquiries would "avoid great expense and interminable delay" of tribunals of inquiry, and could make findings of wrongdoing but not impose sanctions. The wording the Joint Committee proposed for Article 15 was:
In their manifestos for the 2011 general election, both Fine Gael
and Labour
promised an amendment to overturn the 2002 Abbeylara verdict. The programme of the coalition they formed
after the election committed to holding referendums "on a priority basis" on five subjects, including "the granting of full investigative powers for Oireachtas committees". Opposition parties were consulted about the wording of the proposed amendment.
3° In the course of any such inquiry the conduct of any person (whether or not a member of either House) may be investigated and the House or Houses concerned may make findings in respect of the conduct of that person concerning the matter to which the inquiry relates.
4° It shall be for the House or Houses concerned to determine, with due regard to the principles of fair procedures, the appropriate balance between the rights of persons and the public interest for the purposes of ensuring an effective inquiry into any matter to which subsection 2° applies.
, was published on 12 September 2011. It was introduced
in Dáil Éireann
on 15 September 2011 by the Minister for Public Expenditure and Reform
, Brendan Howlin
, and passed all remaining stages on 20 September. It passed all stages in Seanad Éireann
on 21 September. All proposed constitutional amendments are required to be put to a popular referendum before becoming law. The referendum was held on 27 October 2011, simultaneous with the 2011 presidential election and a second referendum on another proposed constitutional amendment, relating to judges' pay.
The government also published the heads of the Oireachtas (Powers of Inquiry) Bill, 2011; if the referendum had been passed, the latter bill would then also have been passed to regulate the conduct of Oireachtas inquiries held under the terms of the amended Constitution. On 20 September, the wording of the referendum question was approved by a Dáil resolution
.
A referendum commission
was established, under the terms of the Referendum Act 1998, to provide voters with non-partisan information about the proposal. The commission is chaired by Bryan McMahon, a former judge of the High Court. On 11 October, the commission launched a media information campaign and began distributing an information booklet to households in the state.
suggested the amendment would increase the ability of the Oireachtas to investigate the 2008–2011 Irish banking crisis. Stephen Collins raised the possibility of the Fine Gael
–Labour
government using an Oireachtas inquiry as a witch-hunt to heap blame on its Fianna Fáil
predecessor.
The Irish Times commented that coverage of the Presidential election limited public debate on the two referendums being held the same day; it stated "Because [the Thirtieth Amendment] proposes to give the Oireachtas far more power than it has ever previously enjoyed, it therefore needs careful consideration by the electorate before it decides". Stephen Collins criticised the speed with which the Bill was rushed through both Houses, while describing some lawyers' criticisms of it as "laughable". Collins called the cost of tribunals of inquiry "scandalous" but pointed out that the Nyberg and Cloyne
reports were delivered under the pre-existing Commissions of Investigation Act 2004. Tánaiste Eamon Gilmore
suggested much of the opposition to the amendment came from "particular sections of the legal profession who have done very well financially from the judicial tribunals in the past".
In the Irish Independent
, Dearbhail McDonald said she would vote no, saying 'it will be up to politicians, vulnerable to swings in public mood and media pressure ... to decide what "balance" of rights witnesses are entitled to'. She cited the example of Senator Ivor Callely
's successful appeal to the High Court to overturn a Seanad vote of censure, suggesting such redress might be unavailable if the referendum were passed. Minister Brendan Howlin said that advice from the Attorney General is "crystal clear" that the courts will retain judicial review
over the way the Oireachtas balances rights. David Gwynn Morgan concurs, while Vincent Browne expressed scepticism.
Groups supporting the amendment included the government Fine Gael and Labour parties and the opposition Fianna Fáil and Sinn Féin
parties. Groups opposing included the United Left Alliance
, 12 independent
TDs and senators, the Bar Council
and Law Society
, and the Irish Council for Civil Liberties
(ICCL). While Fianna Fáil supported the amendment, its spokesperson on health, Billy Kelleher
, intended to vote against it, and former minister Mary O'Rourke
described it as "pointless". On 23 October, eight former Attorney Generals
signed a letter opposing the amendment. The ICCL saw the amendment wording passed by the Houses in September as inferior to that agreed by the Committee in January.
The National Union of Journalists
wrote to the Referendum Commission of members' concerns that press freedom and reporters' privilege
might be impaired.
that evening:
Votes were counted separately in each Dáil Éireann constituency and sent to the returning officer
in Dublin Castle.
Harry McGee in The Irish Times, and Seán Fleming
, the Fianna Fáil spokesperson on Public Expenditure and Reform, mentioned the rushed nature of the legislative process. After its formation in February, the government had a long list of proposed amendments; the Oireachtas inquiries was not brought to the head of the list till the summer recess, and then rushed through in the autumn.
Holding two referendums and the Presidential election simultaneously reduced media time for debate; some underinformed voters adopted a policy of "if you don't know vote no".
The precise wording of the amendment was considered vague by many; Harry McGee mentioned that the Referendum Commission's information booklet drew attention to this. Brendan Howlin, the sponsoring minister, suggested in The Sunday Times that the Referendum Commission's briefing had caused confusion. The Commission publicly objected to what it saw as a criticism of its impartiality and of its chairman personally. Howlin apologised and described his original comments as "cack-handed". Law lecturer Donncha O'Connell characterised the Referendum Commission's advertising campaign as "facile and patronising".
The electorate retained a distrust of politicians previously evident in the general election in February 2011; journalists suggested voters did not trust politicians to wield quasi-judicial power.
Seán Fleming criticised the government's perceived arrogance during the campaign. Journalists mentioned in particular Alan Shatter
's dismissive response to the Attorney Generals' voicing of opposition. Joan Burton
's regret for a Prime Time
debate between Howlin and Michael McDowell
was seen by Mary Regan of the Irish Examiner
as a veiled critique of her Labour-Party cabinet colleague.
Brendan Howlin suggested the government's plans for a large number of further Constitutional amendments would be made less ambitious. The constitutional convention planned for 2012 might be delayed to 2014. Much of the work planned for the Oireachtas Committee on Investigations, Oversight and Petitions was predicated on the amendment passing. Eamon Gilmore
suggested the planned Oireachtas inquiry into the banking crisis would no longer be able to proceed.
Gilmore suggested the subject might be revisited by a future referendum. Donncha O'Connell suggested that public support was still strong for the principle of Oireachtas inquiries, and that a future retry for a similar amendment should return to the model suggested by the Oireachtas Committee is January 2011.
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
which, if enacted, would have amended the Constitution of Ireland
Amendments to the Constitution of Ireland
An amendment may be made to any part of the Constitution of Ireland but only by referendum. An amendment must first be approved by both Houses of the Oireachtas , then submitted to a referendum, and finally signed into law by the President....
"in order to provide for the
Houses of the Oireachtas
Oireachtas
The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
to conduct full inquiries". The bill was passed by both houses of the Oireachtas
Oireachtas
The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
, but rejected at a 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...
held on 27 October 2011.
Background
On 20 April 2000 in AbbeylaraAbbeylara
Abbeylara is a village in the easternmost portion of County Longford, Ireland, located about three kilometers east of Granard on the R369 regional road. Its name is derived from a monastery, the great Abbey of Lerha, founded in 1205 by Hiberno-Norman magnate, Risteárd de Tiúit, for Cistercian monks...
, John Carthy, who had bipolar affective disorder, barricaded himself into his residence with a shotgun in a dispute over plans to move to a new house. The Garda Emergency Response Unit (ERU) was called to the scene, and after a 25-hour siege, Carthy was shot dead. Carthy's family claimed the Garda had mishandled the situtation and that a planned Garda internal inquiry would be inadequate. On 8 March 2001 the Oireachtas
Oireachtas
The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
Joint Committee on Justice, Equality, Defence and Women's Rights established a "Sub-Committee on the Abbeylara Incident". Although the Carthy family wanted an independent Tribunal of Inquiry, an Oireachtas inquiry was preferred as being cheaper and quicker. It planned to complete its investigation in three weeks and then issue conclusions. The Sub-Committee claimed the right to compel ERU members to give evidence, under the Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act, 1997. The ERU members sought judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
that the subcommittee would be acting ultra vires
Ultra vires
Ultra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...
in compelling them to attend and then issuing a report that criticised them. On 11 March 2002, the Supreme Court
Supreme Court (Ireland)
The Supreme Court of Ireland is the highest judicial authority in the Republic of Ireland. It is a court of final appeal and exercises, in conjunction with the High Court, judicial review over Acts of the Oireachtas . The Court also has jurisdiction to ensure compliance with the Constitution of...
agreed, by six votes to one.
The Oireachtas instead established a Tribunal of Inquiry, called the Barr Tribunal
Barr Tribunal
The Barr Tribunal was a Public Inquiry in the Republic of Ireland established by Resolutions passed by the Dáil Éireann and the Seanad Éireann on the 17 and 18 April 2002, and by Instrument entitled Tribunals of Inquiry Evidence Acts 1921 Instrument 2002 made by the Minister for Justice, Equality...
after its sole member, Robert Barr. This tribunal sat in public for 208 days between 7 January 2003 and 7 December 2004. Its 744-page report was issued on 20 July 2006. Its total cost was almost €18 million.
From November 2010 to January 2011, the Oireachtas Joint Committee on the Constitution reviewed the Parliamentary Power of Inquiry under Article 15. Its January 2011 report recommended a Constitutional amendment, to be followed by enabling legislation and a protocol under the standing orders of each House. Oireachtas inquiries would "avoid great expense and interminable delay" of tribunals of inquiry, and could make findings of wrongdoing but not impose sanctions. The wording the Joint Committee proposed for Article 15 was:
- The Houses of the Oireachtas shall have the power to inquire into any matter of general public importance.
- In the course of such inquiry the Houses may investigate any individual and make findings in relation to their conduct.
- The conduct of such inquiries shall be regulated by law. Such law shall balance the rights of the individual with the public interest in the effective investigation of matters of general public importance.
In their manifestos for the 2011 general election, both 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...
and Labour
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...
promised an amendment to overturn the 2002 Abbeylara verdict. The programme of the coalition they formed
Government of the 31st Dáil
The Government of the 31st Dáil is the present Government of Ireland, formed after the 2011 general election to Dáil Éireann on 25 February 2011. Fine Gael entered into discussions with the Labour Party which culminated in a joint programme for government. The 31st Dáil first met on 9 March 2011...
after the election committed to holding referendums "on a priority basis" on five subjects, including "the granting of full investigative powers for Oireachtas committees". Opposition parties were consulted about the wording of the proposed amendment.
Proposed amendment
The proposal was to insert three new subsections to section 10 of Article 15 of the Constitition. The pre-existing section 10 would be subsection 1 of the amended section 10. The English and Irish texts of the Constitution would be amended in parallel. Technically the Irish text takes precedence in the event of divergence of meaning.Pre-existing text
(1°) Each House shall make its own rules and standing orders, with power to attach penalties for their infringement, and shall have power to ensure freedom of debate, to protect its official documents and the private papers of its members, and to protect itself and its members against any person or persons interfering with, molesting or attempting to corrupt its members in the exercise of their duties.Proposed inserted text
2° Each House shall have the power to conduct an inquiry, or an inquiry with the other House, in a manner provided for by law, into any matter stated by the House or Houses concerned to be of general public importance.3° In the course of any such inquiry the conduct of any person (whether or not a member of either House) may be investigated and the House or Houses concerned may make findings in respect of the conduct of that person concerning the matter to which the inquiry relates.
4° It shall be for the House or Houses concerned to determine, with due regard to the principles of fair procedures, the appropriate balance between the rights of persons and the public interest for the purposes of ensuring an effective inquiry into any matter to which subsection 2° applies.
Process
The amendment bill, which included the proposed text as a scheduleAddendum
An addendum, in general, is an addition required to be made to a document by its reader subsequent to its printing or publication. It comes from the Latin verbal phrase addendum est, being the gerundive form of the verb addo, addere, addidi, additum, "to give to, add to", meaning " must be added"...
, was published on 12 September 2011. It was introduced
Reading (legislature)
A reading of a bill is a debate on the bill held before the general body of a legislature, as opposed to before a committee or other group. In the Westminster system, there are usually several readings of a bill among the stages it passes through before becoming law as an Act of Parliament...
in Dáil Éireann
Dáil Éireann
Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote...
on 15 September 2011 by the Minister for Public Expenditure and Reform
Minister for Public Expenditure and Reform
The Minister for Public Expenditure and Reform is the senior minister at the Department of Public Expenditure and Reform in the Government of Ireland....
, Brendan Howlin
Brendan Howlin
Brendan Howlin is an Irish Labour Party politician who has served as a Teachta Dála for Wexford since 1987. Currently the Minister for Public Expenditure and Reform, he previously served as Leas-Cheann Comhairle, Minister for the Environment and Minister for Health.-Early life:Born into a highly...
, and passed all remaining stages on 20 September. It passed all stages in Seanad Éireann
Seanad Éireann
Seanad Éireann is the upper house of the Oireachtas , which also comprises the President of Ireland and Dáil Éireann . It is commonly called the Seanad or Senate and its members Senators or Seanadóirí . Unlike Dáil Éireann, it is not directly elected but consists of a mixture of members chosen by...
on 21 September. All proposed constitutional amendments are required to be put to a popular referendum before becoming law. The referendum was held on 27 October 2011, simultaneous with the 2011 presidential election and a second referendum on another proposed constitutional amendment, relating to judges' pay.
The government also published the heads of the Oireachtas (Powers of Inquiry) Bill, 2011; if the referendum had been passed, the latter bill would then also have been passed to regulate the conduct of Oireachtas inquiries held under the terms of the amended Constitution. On 20 September, the wording of the referendum question was approved by a Dáil resolution
Resolution (law)
A resolution is a written motion adopted by a deliberative body. The substance of the resolution can be anything that can normally be proposed as a motion. For long or important motions, though, it is often better to have them written out so that discussion is easier or so that it can be...
.
A referendum commission
Referendum Commission
The Referendum Commission is an independent statutory body in Ireland which is set up in advance of any referendum. The Referendum Act 1998 as amended by the Referendum Act 2001 provides for the establishment of the body.-Background:...
was established, under the terms of the Referendum Act 1998, to provide voters with non-partisan information about the proposal. The commission is chaired by Bryan McMahon, a former judge of the High Court. On 11 October, the commission launched a media information campaign and began distributing an information booklet to households in the state.
Debate
The Irish ExaminerIrish Examiner
The Irish Examiner, formerly The Cork Examiner and then The Examiner, is an Irish national daily newspaper which primarily circulates in the Munster region surrounding its base in Cork, though it is available throughout the country...
suggested the amendment would increase the ability of the Oireachtas to investigate the 2008–2011 Irish banking crisis. Stephen Collins raised the possibility of the 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
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 using an Oireachtas inquiry as a witch-hunt to heap blame on its 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...
predecessor.
The Irish Times commented that coverage of the Presidential election limited public debate on the two referendums being held the same day; it stated "Because [the Thirtieth Amendment] proposes to give the Oireachtas far more power than it has ever previously enjoyed, it therefore needs careful consideration by the electorate before it decides". Stephen Collins criticised the speed with which the Bill was rushed through both Houses, while describing some lawyers' criticisms of it as "laughable". Collins called the cost of tribunals of inquiry "scandalous" but pointed out that the Nyberg and Cloyne
Sexual abuse scandal in Cloyne diocese
The sexual abuse scandal in the Roman Catholic Diocese of Cloyne is officially elaborated as the "Commission of Investigation, Dublin Archdiocese, Catholic Diocese of Cloyne". It has examined how allegations of sexual abuse of children in the diocese were dealt with by the church and state. The...
reports were delivered under the pre-existing Commissions of Investigation Act 2004. Tánaiste Eamon Gilmore
Eamon Gilmore
Eamon Gilmore is an Irish Labour Party politician and the current Tánaiste and Minister for Foreign Affairs and Trade. He has been the Leader of the Labour Party since September 2007, and a Teachta Dála for the Dún Laoghaire constituency since 1989, first with the Workers' Party of Ireland, and...
suggested much of the opposition to the amendment came from "particular sections of the legal profession who have done very well financially from the judicial tribunals in the past".
In the Irish Independent
Irish Independent
The Irish Independent is Ireland's largest-selling daily newspaper that is published in both compact and broadsheet formats. It is the flagship publication of Independent News & Media.-History:...
, Dearbhail McDonald said she would vote no, saying 'it will be up to politicians, vulnerable to swings in public mood and media pressure ... to decide what "balance" of rights witnesses are entitled to'. She cited the example of Senator Ivor Callely
Ivor Callely
Ivor Callely is a former Irish politician. He was a member of Seanad Éireann from 2007 to 2011, having been nominated by the Taoiseach. He was previously a deputy for the Fianna Fáil party in the constituency of Dublin North Central from 1989 to 2007. Between 2002 and 2005 he served as a Minister...
's successful appeal to the High Court to overturn a Seanad vote of censure, suggesting such redress might be unavailable if the referendum were passed. Minister Brendan Howlin said that advice from the Attorney General is "crystal clear" that the courts will retain judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
over the way the Oireachtas balances rights. David Gwynn Morgan concurs, while Vincent Browne expressed scepticism.
Groups supporting the amendment included the government Fine Gael and Labour parties and the opposition Fianna Fáil and Sinn Féin
Sinn Féin
Sinn Féin is a left wing, Irish republican political party in Ireland. The name is Irish for "ourselves" or "we ourselves", although it is frequently mistranslated as "ourselves alone". Originating in the Sinn Féin organisation founded in 1905 by Arthur Griffith, it took its current form in 1970...
parties. Groups opposing included the United Left Alliance
United Left Alliance
The United Left Alliance is an electoral alliance of left-wing political parties and independent politicians in the Republic of Ireland, formed to contest the 2011 general election...
, 12 independent
Independent (politician)
In politics, an independent or non-party politician is an individual not affiliated to any political party. Independents may hold a centrist viewpoint between those of major political parties, a viewpoint more extreme than any major party, or they may have a viewpoint based on issues that they do...
TDs and senators, the Bar Council
Bar Council of Ireland
The Bar Council of Ireland is the regulatory and representative body for barristers practising law in the Republic of Ireland. The Council is composed of twenty-five members composed of twenty elected members, four co-opted members and Attorney-General who holds office ex officio. The elected...
and Law Society
Law Society of Ireland
The Law Society of Ireland is the educational, representative and regulatory body of the solicitors' profession in the Republic of Ireland...
, and the Irish Council for Civil Liberties
Irish Council for Civil Liberties
The Irish Council for Civil Liberties is an Irish non-profit organisation dedicated to supporting the civil liberties and human rights of people in Ireland.-History:...
(ICCL). While Fianna Fáil supported the amendment, its spokesperson on health, Billy Kelleher
Billy Kelleher
Billy Kelleher is an Irish Fianna Fáil politician. He has been a Teachta Dála for the Cork North Central constituency since 1997....
, intended to vote against it, and former minister Mary O'Rourke
Mary O'Rourke
Mary O'Rourke is a former Irish Fianna Fáil politician. She is a former Teachta Dála for the Longford–Westmeath and Westmeath constituencies. She served as Minister for Education , Minister for Health and Minister for Public Enterprise...
described it as "pointless". On 23 October, eight former Attorney Generals
Attorney General of Ireland
The Attorney General is a constitutional officer who is the official adviser to the Government of Ireland in matters of law. He is in effect the chief law officer in Ireland. The Attorney General is not a member of the Government but does participate in cabinet meetings when invited and attends...
signed a letter opposing the amendment. The ICCL saw the amendment wording passed by the Houses in September as inferior to that agreed by the Committee in January.
The National Union of Journalists
National Union of Journalists
The National Union of Journalists is a trade union for journalists in the United Kingdom and the Republic of Ireland. It was founded in 1907 and has 38,000 members. It is a member of the International Federation of Journalists .-Structure:...
wrote to the Referendum Commission of members' concerns that press freedom and reporters' privilege
Reporters' Privilege
Reporters' privilege in the United States, is a "reporter's protection under constitutional or statutory law, from being compelled to testify about confidential information or sources"...
might be impaired.
Opinion polls
| Date | Poller | Commissioned by | Yes | No | Undecided/ Abstain | Ref |
|---|---|---|---|---|---|---|
| Ipsos MRBI | The Irish Times | 65 | 8 | 274% abstain, 23% undecided | ||
| Behaviour & Attitudes | The Sunday Times The Sunday Times The Sunday Times is a British Sunday newspaper.The Sunday Times may also refer to:*The Sunday Times *The Sunday Times *The Sunday Times *The Sunday Times... |
76 | 18 | 6 | ||
| Ipsos MRBI | The Irish Times | 57 | 20 | 23 |
Referendum results
About 5,000 people fewer voted in the referendum than in the Presidential election held simultaneously with the same electorate. Counting began on 29 October, after counting in the Presidential election was completed. The result was announced at Dublin CastleDublin Castle
Dublin Castle off Dame Street, Dublin, Ireland, was until 1922 the fortified seat of British rule in Ireland, and is now a major Irish government complex. Most of it dates from the 18th century, though a castle has stood on the site since the days of King John, the first Lord of Ireland...
that evening:
Votes were counted separately in each Dáil Éireann constituency and sent to the returning officer
Returning Officer
In various parliamentary systems, a returning officer is responsible for overseeing elections in one or more constituencies.-Australia:In Australia a returning officer is an employee of the Australian Electoral Commission or a State Electoral Commission who heads the local divisional office...
in Dublin Castle.
| Constituency | Electorate | Turnout | (%) | Yes | (%) | No | (%) | Spoilt | Ref |
|---|---|---|---|---|---|---|---|---|---|
| Carlow–Kilkenny Carlow–Kilkenny (Dáil Éireann constituency) Carlow–Kilkenny is a parliamentary constituency represented in Dáil Éireann, the lower house of the Irish parliament or Oireachtas. The constituency elects 5 deputies... |
106,810 | 59,264 | 55.49% | 28,339 | 49.33% | 29,113 | 50.67% | 1,812 | http://www.referendum.ie/results.php?ref=2&const=1 |
| Cavan–Monaghan Cavan–Monaghan (Dáil Éireann constituency) Cavan–Monaghan is a parliamentary constituency represented in Dáil Éireann, the lower house of the Irish parliament or Oireachtas. The constituency elects 5 deputies... |
98,952 | 58,416 | 59.03% | 27,542 | 48.89% | 28,789 | 51.11% | 2,085 | http://www.referendum.ie/results.php?ref=2&const=2 |
| Clare | 81,419 | 47,153 | 57.91% | 22,273 | 48.74% | 23,422 | 51.26% | 1,458 | http://www.referendum.ie/results.php?ref=2&const=3 |
| Cork East Cork East (Dáil Éireann constituency) Cork East is a parliamentary constituency represented in Dáil Éireann, the lower house of the Irish parliament or Oireachtas. The constituency elects 4 deputies... |
82,731 | 45,324 | 54.78% | 20,966 | 47.53% | 23,141 | 52.47% | 1,217 | http://www.referendum.ie/results.php?ref=2&const=4 |
| Cork North–Central | 75,622 | 41,532 | 54.92% | 18,830 | 46.37% | 21,780 | 53.63% | 922 | http://www.referendum.ie/results.php?ref=2&const=5 |
| Cork North–West | 62,113 | 37,620 | 60.57% | 17,232 | 47.19% | 19,287 | 52.81% | 1,101 | http://www.referendum.ie/results.php?ref=2&const=6 |
| Cork South–Central | 91,716 | 53,551 | 58.39% | 23,459 | 44.69% | 29,028 | 55.31% | 1,064 | http://www.referendum.ie/results.php?ref=2&const=7 |
| Cork South–West | 60,248 | 35,777 | 59.38% | 16,924 | 48.74% | 17,798 | 51.26% | 1,055 | http://www.referendum.ie/results.php?ref=2&const=8 |
| Donegal North–East | 58,579 | 28,477 | 48.61% | 11,253 | 40.8% | 16,330 | 59.2% | 894 | http://www.referendum.ie/results.php?ref=2&const=9 |
| Donegal South–West | 64,158 | 30,943 | 48.23% | 12,569 | 42.13% | 17,268 | 57.87% | 1,106 | http://www.referendum.ie/results.php?ref=2&const=10 |
| Dublin Central Dublin Central (Dáil Éireann constituency) Dublin Central is a parliamentary constituency represented in Dáil Éireann, the lower house of the Irish parliament or Oireachtas. The constituency elects 4 deputies... |
54,500 | 28,124 | 51.6% | 12,818 | 46.4% | 14,808 | 53.6% | 498 | http://www.referendum.ie/results.php?ref=2&const=11 |
| Dublin Mid–West | 64,370 | 34,057 | 52.91% | 15,942 | 47.5% | 17,623 | 52.5% | 492 | http://www.referendum.ie/results.php?ref=2&const=12 |
| Dublin North | 69,347 | 39,665 | 57.2% | 18,294 | 46.81% | 20,788 | 53.19% | 583 | http://www.referendum.ie/results.php?ref=2&const=13 |
| Dublin North–Central | 51,929 | 33,152 | 63.84% | 14,226 | 43.58% | 18,416 | 56.42% | 510 | http://www.referendum.ie/results.php?ref=2&const=14 |
| Dublin North–East | 57,627 | 34,391 | 59.68% | 15,404 | 45.52% | 18,435 | 54.48% | 552 | http://www.referendum.ie/results.php?ref=2&const=15 |
| Dublin North–West | 50,410 | 25,280 | 50.15% | 11,819 | 47.68% | 12,967 | 52.32% | 494 | http://www.referendum.ie/results.php?ref=2&const=16 |
| Dublin South Dublin South (Dáil Éireann constituency) Dublin South is a parliamentary constituency represented in Dáil Éireann, the lower house of the Irish parliament or Oireachtas. The constituency elects 5 deputies... |
104,145 | 64,361 | 61.8% | 27,758 | 43.71% | 35,744 | 56.29% | 859 | http://www.referendum.ie/results.php?ref=2&const=17 |
| Dublin South–Central | 77,688 | 41,373 | 53.26% | 18,420 | 45.41% | 22,142 | 54.59% | 811 | http://www.referendum.ie/results.php?ref=2&const=18 |
| Dublin South–East | 55,533 | 30,589 | 55.08% | 11,177 | 37.15% | 18,912 | 62.85% | 500 | http://www.referendum.ie/results.php?ref=2&const=19 |
| Dublin South–West | 69,977 | 36,610 | 52.32% | 17,432 | 48.46% | 18,541 | 51.54% | 637 | http://www.referendum.ie/results.php?ref=2&const=20 |
| Dublin West | 61,583 | 36,266 | 58.89% | 16,322 | 45.61% | 19,467 | 54.39% | 477 | http://www.referendum.ie/results.php?ref=2&const=21 |
| Dun Laoghaire Dún Laoghaire (Dáil Éireann constituency) Dún Laoghaire is a parliamentary constituency represented in Dáil Éireann, the lower house of the Irish parliament or Oireachtas. The constituency elects 4 deputies... |
82,033 | 49,078 | 59.83% | 20,094 | 41.65% | 28,151 | 58.35% | 833 | http://www.referendum.ie/results.php?ref=2&const=22 |
| Galway East | 81,896 | 46,903 | 57.27% | 22,003 | 48.67% | 23,207 | 51.33% | 1,693 | http://www.referendum.ie/results.php?ref=2&const=23 |
| Galway West | 94,700 | 50,515 | 53.34% | 22,529 | 46.0% | 26,442 | 54.0% | 1,544 | http://www.referendum.ie/results.php?ref=2&const=24 |
| Kerry North–West Limerick | 63,068 | 34,403 | 54.55% | 15,892 | 47.82% | 17,338 | 52.18% | 1,173 | http://www.referendum.ie/results.php?ref=2&const=25 |
| Kerry South | 57,776 | 31,826 | 55.09% | 14,495 | 47.27% | 16,171 | 52.73% | 1,160 | http://www.referendum.ie/results.php?ref=2&const=26 |
| Kildare North | 76,623 | 43,413 | 56.66% | 19,389 | 45.44% | 23,284 | 54.56% | 740 | http://www.referendum.ie/results.php?ref=2&const=27 |
| Kildare South | 57,933 | 31,220 | 53.89% | 14,940 | 48.97% | 15,567 | 51.03% | 713 | http://www.referendum.ie/results.php?ref=2&const=28 |
| Laois–Offaly | 107,023 | 59,207 | 55.32% | 27,149 | 47.24% | 30,324 | 52.76% | 1,734 | http://www.referendum.ie/results.php?ref=2&const=29 |
| Limerick Limerick (Dáil Éireann constituency) Limerick is a parliamentary constituency represented in Dáil Éireann, the lower house of the Irish parliament or Oireachtas. The constituency elects 3 deputies... |
66,421 | 34,591 | 52.08% | 16,820 | 49.82% | 16,942 | 50.18% | 829 | http://www.referendum.ie/results.php?ref=2&const=30 |
| Limerick City Limerick City (Dáil Éireann constituency) Limerick City is a parliamentary constituency in Dáil Éireann, the lower house of the Irish parliament or Oireachtas. The constituency elects 4 deputies... |
66,345 | 36,728 | 55.36% | 17,166 | 48.25% | 18,413 | 51.75% | 1,149 | http://www.referendum.ie/results.php?ref=2&const=31 |
| Longford–Westmeath | 85,911 | 45,367 | 52.81% | 20,304 | 46.13% | 23,711 | 53.87% | 1,352 | http://www.referendum.ie/results.php?ref=2&const=32 |
| Louth Louth (Dáil Éireann constituency) Louth is a parliamentary constituency represented in Dáil Éireann, the lower house of the Irish parliament or Oireachtas. The constituency elects 5 deputies... |
102,941 | 57,967 | 56.31% | 27,089 | 47.8% | 29,583 | 52.2% | 1,295 | http://www.referendum.ie/results.php?ref=2&const=33 |
| Mayo Mayo (Dáil Éireann constituency) Mayo is a parliamentary constituency represented in Dáil Éireann, the lower house of the Irish parliament or Oireachtas. The constituency elects five deputies... |
97,714 | 53,531 | 54.78% | 26,091 | 50.42% | 25,658 | 49.58% | 1,782 | http://www.referendum.ie/results.php?ref=2&const=34 |
| Meath East | 65,477 | 35,360 | 54.0% | 16,453 | 47.54% | 18,158 | 52.46% | 749 | http://www.referendum.ie/results.php?ref=2&const=35 |
| Meath West | 63,111 | 32,952 | 52.21% | 15,021 | 46.73% | 17,123 | 53.27% | 808 | http://www.referendum.ie/results.php?ref=2&const=36 |
| Roscommon–South Leitrim | 60,416 | 36,308 | 60.1% | 15,547 | 44.28% | 19,565 | 55.72% | 1,196 | http://www.referendum.ie/results.php?ref=2&const=37 |
| Sligo–North Leitrim | 62,152 | 34,148 | 54.97% | 15,353 | 46.28% | 17,818 | 53.72% | 997 | http://www.referendum.ie/results.php?ref=2&const=38 |
| Tipperary North | 62,603 | 38,228 | 61.06% | 17,276 | 46.78% | 19,653 | 53.22% | 1,299 | http://www.referendum.ie/results.php?ref=2&const=39 |
| Tipperary South Tipperary South (Dáil Éireann constituency) Tipperary South is a parliamentary constituency represented in Dáil Éireann, the lower house of the Irish parliament or Oireachtas. The constituency elects 3 deputies... |
56,295 | 32,558 | 57.83% | 15,316 | 48.61% | 16,195 | 51.39% | 1,047 | http://www.referendum.ie/results.php?ref=2&const=40 |
| Waterford Waterford (Dáil Éireann constituency) Waterford is a parliamentary constituency represented in Dáil Éireann, the lower house of the Irish parliament or Oireachtas. The constituency elects 4 deputies... |
78,960 | 42,688 | 54.06% | 20,010 | 48.15% | 21,549 | 51.85% | 1,129 | http://www.referendum.ie/results.php?ref=2&const=41 |
| Wexford Wexford (Dáil Éireann constituency) Wexford is a parliamentary constituency represented in Dáil Éireann, the lower house of the Irish parliament or Oireachtas. The constituency elects 5 deputies... |
108,490 | 58,456 | 53.88% | 28,517 | 50.11% | 28,397 | 49.89% | 1,542 | http://www.referendum.ie/results.php?ref=2&const=42 |
| Wicklow Wicklow (Dáil Éireann constituency) Wicklow is a parliamentary constituency represented in Dáil Éireann, the lower house of the Irish parliament or Oireachtas. The constituency elects 5 deputies... |
93,812 | 57,816 | 61.63% | 25,555 | 45.08% | 31,127 | 54.92% | 1,134 | http://www.referendum.ie/results.php?ref=2&const=43 |
| (Total) | 3,191,157 | 1,785,208 | 55.94% | 812,008 | 46.66% | 928,175 | 53.34% | 45,025 | http://www.referendum.ie/results-summary.php?ref=2 |
Causes
Politicians and journalists suggested several factors contributed to the defeat of the referendum.Harry McGee in The Irish Times, and Seán Fleming
Seán Fleming
Seán Fleming is an Irish Fianna Fáil politician. He is currently a Teachta Dála for the Laois–Offaly constituency....
, the Fianna Fáil spokesperson on Public Expenditure and Reform, mentioned the rushed nature of the legislative process. After its formation in February, the government had a long list of proposed amendments; the Oireachtas inquiries was not brought to the head of the list till the summer recess, and then rushed through in the autumn.
Holding two referendums and the Presidential election simultaneously reduced media time for debate; some underinformed voters adopted a policy of "if you don't know vote no".
The precise wording of the amendment was considered vague by many; Harry McGee mentioned that the Referendum Commission's information booklet drew attention to this. Brendan Howlin, the sponsoring minister, suggested in The Sunday Times that the Referendum Commission's briefing had caused confusion. The Commission publicly objected to what it saw as a criticism of its impartiality and of its chairman personally. Howlin apologised and described his original comments as "cack-handed". Law lecturer Donncha O'Connell characterised the Referendum Commission's advertising campaign as "facile and patronising".
The electorate retained a distrust of politicians previously evident in the general election in February 2011; journalists suggested voters did not trust politicians to wield quasi-judicial power.
Seán Fleming criticised the government's perceived arrogance during the campaign. Journalists mentioned in particular Alan Shatter
Alan Shatter
Alan Joseph Shatter is an Irish Fine Gael politician. He is a Teachta Dála for the Dublin South constituency and has been the Minister for Justice and Equality and Minister for Defence since March 2011.-Background and early life:...
's dismissive response to the Attorney Generals' voicing of opposition. Joan Burton
Joan Burton
Joan Burton is an Irish Labour Party politician and the current Minister for Social Protection. She is a Teachta Dála for the Dublin West constituency....
's regret for a Prime Time
Prime Time
Prime Time is an Irish news analysis, current affairs and politics programme. It is broadcast on RTÉ One on Tuesday and Thursday nights between 21:30 and 22:10. It is currently presented by Miriam O'Callaghan, who has presented the programme since its commencement in 1996...
debate between Howlin and Michael McDowell
Michael McDowell
Michael McDowell is a Senior Counsel in the Bar Council of Ireland and a former politician. A grandson of Irish revolutionary Eoin MacNeill, McDowell was a founding member of the Progressive Democrats political party in the mid-1980s...
was seen by Mary Regan of the Irish Examiner
Irish Examiner
The Irish Examiner, formerly The Cork Examiner and then The Examiner, is an Irish national daily newspaper which primarily circulates in the Munster region surrounding its base in Cork, though it is available throughout the country...
as a veiled critique of her Labour-Party cabinet colleague.
Consequences
The government's statement after the result was:- It is disappointing that the 30th amendment has been narrowly defeated but the Constitution is something that belongs to the people and we acknowledge and accept the people’s democratic decision. We will reflect and carefully consider the outcome of this referendum.
Brendan Howlin suggested the government's plans for a large number of further Constitutional amendments would be made less ambitious. The constitutional convention planned for 2012 might be delayed to 2014. Much of the work planned for the Oireachtas Committee on Investigations, Oversight and Petitions was predicated on the amendment passing. Eamon Gilmore
Eamon Gilmore
Eamon Gilmore is an Irish Labour Party politician and the current Tánaiste and Minister for Foreign Affairs and Trade. He has been the Leader of the Labour Party since September 2007, and a Teachta Dála for the Dún Laoghaire constituency since 1989, first with the Workers' Party of Ireland, and...
suggested the planned Oireachtas inquiry into the banking crisis would no longer be able to proceed.
Gilmore suggested the subject might be revisited by a future referendum. Donncha O'Connell suggested that public support was still strong for the principle of Oireachtas inquiries, and that a future retry for a similar amendment should return to the model suggested by the Oireachtas Committee is January 2011.
External links
- Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011, from the OireachtasOireachtasThe Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
website - Referendum on inquiries by the Oireachtas Referendum CommissionReferendum CommissionThe Referendum Commission is an independent statutory body in Ireland which is set up in advance of any referendum. The Referendum Act 1998 as amended by the Referendum Act 2001 provides for the establishment of the body.-Background:...