A NEW series of amendments to the Constitution, relating to the Presidency, local government, the constitutionality of Bills and the position of women in the home, are proposed by the All Party Oireachtas Committee on the Constitution.
In its first report published yesterday, the biggest recommended change seeks to define the circumstances governing the President's absolute discretion to refuse a dissolution of the Dail. Article 13.2.2 gives the President absolute discretion to refuse to dissolve the Dail on the advice of Taoiseach "who has ceased to retain the support of a majority in Dail Eireann".
To define the circumstances in which this discretion should be exercised, the committee is proposing amendments to clarify the situation. Where a Taoiseach formally ceases to retain the support of a majority of the Dail, as indicated by the loss of a vote of confidence or a vote of no confidence or the loss of a financial motion, the committee proposes that the Dail should be given 10 days from such a vote to elect a new Taoiseach. If it fails to do so within that period, the Dail shall then be dissolved by the President and a general election held.
Where a Taoiseach does not lose such a formal vote, but where there are indications that he or she has lost the support of a majority in the Dail, the committee considers that the President should still have an absolute discretion to refuse a request to dissolve the Dail and be given the power to summon the Dail to vote on a motion of confidence in the Taoiseach.
If such a motion is lost by the Taoiseach, the committee says, the President shall dissolve the Dail if within 10 days the Dail has not elected a new Taoiseach.
The committee also suggests that the Supreme Court should sit with seven judges in cases where the constitutionality of a Bill is being argued. The Supreme Court or the High Court should have jurisdiction, it states, to determine in the interests of justice the consequences of a finding of invalidity.
The committee recommends that a new article should be inserted in the Constitution to provide general recognition for local government and to ensure that local elections should be held at least once every five years.
The all party committee suggests that constitutional provision should be made for the establishment of a single Electoral and Ethics Commission.
It also recommends the provision recognising the position of "woman in the home" should be deleted and replaced with a clause recognising that family life gives to society a support without which the common good cannot be achieved.
