The forgotton ballot - Two Constitutional Referendums this Thursday

sdanseo

I think that in all the hype about the Presidential Election this Thursday, the two referendums also being held have been cast into a shadow. While this is being looked at seperately in politics I think it's important enough to deserve a proper thread in AH as it's of equal, if not greater national importance as it amends our constitution.

There is potential in the first mentioned amendment below, that on the Oireachtas enquiries, for the Oireachtas to effectively be given the power to act as judge, jury and executioner in relation to people whom they might choose to investigate. It's being said that it could amount to a fundamental abuse of the method of democracy we use which suggests that there should be a clear distinction between the executive, the parliament and the judiciary. This is effectively handing some judicial power to TDs who have no training in legal areas.

I'd like to see what everyone thinks of these referendums, and I think certainly that they deserve discussion here.

The Referendum Commission wrote:

Proposed amendment – Oireachtas inquiries

At present, Article 15.10 states:
“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.”
It is proposed to renumber this as 15.10.1° and to insert the following subsections:
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.

The Referendum Commission wrote:

Proposed amendment – judges’ pay At present, Article 35.5 of the Constitution states:
“The remuneration of a judge shall not be reduced during his continuance in office.”
It is proposed to replace this with the following wording:
5 1° The remuneration of judges shall not be reduced during their continuance in office save in accordance with this section.
2° The remuneration of judges is subject to the imposition of taxes, levies or other charges that are imposed by law on persons generally or persons belonging to a particular class.
3° Where, before or after the enactment of this section, reductions have been or are made by law to the remuneration of persons belonging to classes of persons whose remuneration is paid out of public money and such law states that those reductions are in the public interest, provision may also be made by law to make proportionate reductions to the remuneration of judges.