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Article
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Basis of Amendment
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Recommendation
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1
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12.1
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The Constitution does not describe the President as the Head of State. The need for this reticence disappeared after the coming into force of the Republic of Ireland Act, 1948 and the removal from the British Monarch of all functions in relation to the external affairs and their assignment to the President.
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Amend Article 12.1. by inserting after the first “who” the words “as the Head of State”.
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2
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12.2.3º
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This Article describes the method of election of the President as “proportional representation by means of the single transferable vote”. The term “proportional representation” denotes the filling of a number of seats by different parties in proportion to the votes they receive. It cannot refer to the filling of a single seat.
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Delete the words “and on the system of proportional representation”.
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3
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12.4.1º
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There is an apparent discrepancy between the English and Irish versions of this Article. The Irish version has “as a bhfuil cúig bliana tríochad slán” (that is, who has completed 35 years) whereas the English version is “who has reached his thirty-fifth year of age”, which could mean has entered rather than completed that year.
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Substitute the word “completed” for “reached” in the English language version of this Article.
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4
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15.5
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This Article should be extended on the lines of Article 7 of the European Convention on Human Rights so as to provide that a heavier penalty shall not be imposed than was applicable at the time the offence was committed.
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Amend Article 15.5 to read: “The Oireachtas shall not declare acts to be infringements of the law which did not constitute a criminal offence at the time of their commission. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed”.
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5
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15.7
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The Oireachtas consists of the President, Dáil Éireann and Seanad Éireann (Article 15.1.2º). Typically, the President does not sit with the Dáil and Seanad, nor do the Dáil and Seanad sit together. The clear object of Article 15.7 is to prevent government without parliament by ensuring that each House of the Oireachtas shall sit at least once every year.
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Amend Article 15.7 to read: “Each House of the Oireachtas shall hold at least one meeting every year”.
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6
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15.15
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It is not clear from the term “allowances” that Article 15.15 relates both to emoluments and expenses of deputies and senators. Accordingly, the word “allowances” should be deleted and the word “emoluments” inserted in its place.
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Amend Article 15.15 to read: “The Oireachtas may make provision by law for the payment of emoluments to the members of each House thereof in respect of their duties as public representatives and for the grant to them of free travelling and such other facilities (if any) in connection with those duties as the Oireachtas may determine.”
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7
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16.3.1º
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Article 16.3.1º is the same as Article 13.2.1º and is therefore redundant.
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Delete Article 16.3.1º. Article 13.2.1º – Dáil Éireann shall be summoned and dissolved by the President on the advice of the President”. Article 16.3.1º –“Dáil Éireann shall be summoned and dissolved as provided by section 2 of Article 13 of this Constitution”.
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8
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17.1.2º
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Article 17.1.2º has generally been understood as giving constitutional authority to the practice whereby the Dáil (but not the Oireachtas) anticipates the enactment of the Finance Act each year by the collecting of certain taxes on the authority of the resolutions passed by it in relation to the Budget. However, the matter should be put beyond doubt by explicit statement.
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Amend Article 17.1.2º to read: “Save in so far as may be provided by specific resolution in each case, the Financial Resolutions of each year passed by Dáil Éireann shall have immediate effect and full force of law provided that legislation confirming any such resolution is enacted within a year”.
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9
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18.5
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The word “postal” in this Article makes the Seanad election process specifically – and unnecessarily – dependent on the postal services.
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Delete the word “postal” from Article 18.5.
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10
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18.8
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Article 18.8 does not envisage the possibility that a second general election might be called before the 90 days within which the Constitution provides that a Seanad election will take place. Such a possibility would create a situation where a second Seanad election would have to be called before the first one was completed.
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Amend Article 18.8 to read: “A general election for Seanad Éireann shall take place not later than 90 days after a dissolution of Dáil Éireann. If Dáil Éireann is dissolved before the general election for Seanad Éireann is completed, that Seanad election shall be cancelled and an election related to the more recent Dáil dissolution shall be held instead. The first meeting of Seanad Éireann after the general election shall take place on a day to be fixed by the President on the advice of the Taoiseach”.
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Article
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Basis of Amendment
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Recommendation
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11
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18.9
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This Article does not define the polling day. The latest date upon which an elector can vote should be the polling day.
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Amend Article 18.9 by adding: “The latest date upon which an elector can vote shall be the polling day”.
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12
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28.6.2º
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This Article provides for the Tánaiste to act for the Taoiseach in certain circumstances but makes no disposition for what should happen if both the Taoiseach and the Tánaiste are unable to act in an emergency. There should be a provision for the nomination of a member of the government to act in such circumstances.
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Amend Article 28.6 by adding a subsection as follows: “If the Tánaiste is unable to act in the place of the Taoiseach in the circumstances defined in subsections 2º and 3º of this section, a designated member of the government who is also a member of Dáil Éireann shall so act”.
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13
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29.4.2º
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Article 29.4.2º was designed to accommodate in the Constitution the arrangement whereby the British crown was authorised under legislation, the Executive Authority (External Relations) Act 1936, to carry out certain functions in relation to external affairs which included the accreditation of diplomatic representatives.
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Delete Article 29.4.2º
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14
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31.2
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All those who have held the office of the President of the Executive Council of Dáil Éireann are dead, therefore the words “or the office of the President of the Executive Council of Saorstát Éireann” in Article 31.2.ii are obsolete.
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Delete the words “or the office of the President of the executive Council of Saorstát Éireann” from Article 31.2.ii.
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15
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35.3
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The Irish and English versions of the text of Article 35.3 appear to be discordant. The English refers to “eligible”, whereas the Irish uses the words “a bheith ina chomhalta”. The latter phrase suggests, that while a judge could stand for election to the Oireachtas, he or she could not take his or her seat if elected. The English phrase more accurately reflects the underlying purpose of this section, in that a serving judge would be simply debarred from standing for election.
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Amend the Irish language text of Article 35.3 bringing it into conformity and substituting “intofa mar chomhalta” for “ina chomhalta”.
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16
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35.3
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The prohibition in Article 35.3 should be extended to the Presidency and to membership of any elected assembly. In addition to being prohibited from taking up paid appointments, serving judges should, in order to uphold public confidence in the judiciary and public perception of their independence and impartiality, be prohibited from taking up any position which is inconsistent with the office of judge under the Constitution.
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Amend Article 35.3 to read: “No serving judge shall be eligible to stand for election for the office of President or for membership of either House of the Oireachtas or for membership of any other elected assembly nor shall he or she hold any other office or position of emolument or any other position inconsistent with the office of judge.
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