Presidential Election and Constitutional Referendum October 27 2011
On October 27th, the day of the Presidential election, you will be asked to vote in two referendums on proposals to change the Constitution. One is about whether the pay of judges can be reduced in certain circumstances; the other is about the powers of the Houses of the Oireachtas to conduct inquiries into matters of general public importance.
The Constitution is important. It defines the characteristics of the State, gives validity to our government and legal system and sets out the standards which all State activity must meet. It belongs to the Irish people, not to the political or legal system. It was enacted by a referendum of the Irish people and can only be changed through a referendum of the Irish people.
Referendum on the pay of judges
This referendum is about whether the pay of judges can be reduced in certain circumstances.
At present the Constitution does not allow for the reduction of the remuneration of sitting judges. The proposed change to the Constitution would
• allow for a law to be passed reducing the pay of judges proportionately if the pay of public servants is being or has been reduced and that reduction is stated to be “in the public interest”.
At present, judges pay tax and the Universal Social Charge in the same way as everyone else. Judges are not legally obliged to pay the “Public Service Pension Levy” although they may voluntarily choose to make an equivalent contribution. The proposal would also
• allow for a law to be passed making judges subject to the “Public Service Pension Levy” and to any other future similar charge or charges.
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.
Referendum on inquiries by the Oireachtas.
This referendum proposes to give the Houses of the Oireachtas (the Dáil and Seanad) express power to conduct inquiries into matters of general public importance and, in doing so, to make findings of fact about any person’s conduct.
At present, the Constitution does not give power to the Houses of the Oireachtas to conduct such inquiries. The proposed change to the Constitution would mean that
1. The Dáil and the Seanad, either separately or together, would have the power
to conduct an inquiry into any matter that either or both consider to be a matter of general public importance. Legislation would be required to be introduced to set out the details of how such inquiries would take place.
2. When conducting any such inquiry, either or both Houses would have the power
to inquire into the conduct of any person and the power to make relevant findings about that person’s conduct.
3. The Dáil and/or the Seanad would have the power to determine the appropriate balance between the rights of people involved in any such inquiry and the requirements of the public interest. When doing so, they would be obliged to have regard to the principles of fair procedures. These principles have been established by the Constitution and by the Courts.
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.
Click here to access the Referendum Commissions Guide.
The Constitution is important. It defines the characteristics of the State, gives validity to our government and legal system and sets out the standards which all State activity must meet. It belongs to the Irish people, not to the political or legal system. It was enacted by a referendum of the Irish people and can only be changed through a referendum of the Irish people.
Referendum on the pay of judges
This referendum is about whether the pay of judges can be reduced in certain circumstances.
At present the Constitution does not allow for the reduction of the remuneration of sitting judges. The proposed change to the Constitution would
• allow for a law to be passed reducing the pay of judges proportionately if the pay of public servants is being or has been reduced and that reduction is stated to be “in the public interest”.
At present, judges pay tax and the Universal Social Charge in the same way as everyone else. Judges are not legally obliged to pay the “Public Service Pension Levy” although they may voluntarily choose to make an equivalent contribution. The proposal would also
• allow for a law to be passed making judges subject to the “Public Service Pension Levy” and to any other future similar charge or charges.
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.
Referendum on inquiries by the Oireachtas.
This referendum proposes to give the Houses of the Oireachtas (the Dáil and Seanad) express power to conduct inquiries into matters of general public importance and, in doing so, to make findings of fact about any person’s conduct.
At present, the Constitution does not give power to the Houses of the Oireachtas to conduct such inquiries. The proposed change to the Constitution would mean that
1. The Dáil and the Seanad, either separately or together, would have the power
to conduct an inquiry into any matter that either or both consider to be a matter of general public importance. Legislation would be required to be introduced to set out the details of how such inquiries would take place.
2. When conducting any such inquiry, either or both Houses would have the power
to inquire into the conduct of any person and the power to make relevant findings about that person’s conduct.
3. The Dáil and/or the Seanad would have the power to determine the appropriate balance between the rights of people involved in any such inquiry and the requirements of the public interest. When doing so, they would be obliged to have regard to the principles of fair procedures. These principles have been established by the Constitution and by the Courts.
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.
Click here to access the Referendum Commissions Guide.
