THE GOVERNMENT has responded to growing concern that a constitutional amendment giving more power to Oireachtas committees could lead to abuses of power by politicians.
A new phrase has been inserted in the proposed 30th amendment to the Constitution in an attempt to defuse the issue.
A number of TDs and lawyers had expressed disquiet at the amendment on the basis that it would give politicians sweeping powers to make findings damaging to the reputation of citizens.
Minister for Public Expenditure and Reform Brendan Howlin has announced that the constitutional amendment will now include a reference to “fair procedure” in an effort to defuse the controversy.
Under the 30th Amendment of the Constitution, published last week, article 15.10 – dealing with the powers of the Oireachtas – will be expanded with the addition of three sub clauses.
The first sub-clause gives power to the Oireachtas to conduct an inquiry of public importance. The second will enable an Oireachtas committee to make findings in respect of any person investigated.
The third element in the amendment will give the Houses of the Oireachtas the power to determine the appropriate balance between the rights of persons being investigated and the public interest.
This sub-clause has drawn most of the criticism on the basis that the politicians will be given powers to determine for themselves what is fair and what is not and that people may be deprived of their right to legal representation.
TDs including Billy Timmins of Fine Gael, Mary Lou McDonald of Sinn Féin and Independent TD Catherine Murphy raised concerns about this provision when the amendment was introduced in the Dáil last week.
Senior legal figures including Prof Gerry White of Trinity College also expressed disquiet that the amendment might give the Oireachtas power to conduct inquiries in which people could be deprived of their right to fair procedure.
Mr Howlin has now moved to allay those concerns by inserting the phrase “with due regard to the principles of fair procedures” in the final part of the amendment.
During the committee stage of the referendum Bill he told Ms McDonald that it was an absolutely established convention that all articles of the Constitution must be read harmoniously and this determined how the law would be interpreted across potentially conflicting statutes.
“There is no doubt that the established rights under Article 43 of the Constitution on fair procedures must be vindicated. Equally, there is no doubt that every citizen has the right of access to the courts to have the point tested,” he said.
“I am proposing an amendment which I am legally advised is unnecessary but which I propose to make for the sake of absolute clarity and to address an issue fairly made by Deputy McDonald.”
