A new draft constitution to replace the 1937 Constitution would be prepared within a year under a Labour government, the party has pledged.
A major Labour policy paper on political reform published today has committed the party to setting up a constitutional convention soon after entering government.
The convention would be made up a 90 people drawn comprised of 30 Oireachtas members; 30 lawyers, specialists, and academics; and 30 ordinary citizens, drawn randomly in the same way a jury is selected.
“The mandate would be to review the Constitution and draft a reformed one with a year,” states the paper.
Launching New Government, Better Government, party leader Eamon Gilmore gave an undertaking that a referendum would be held as soon as possible after the new draft constitution was completed, certainly within the lifetime of the Dáil.
“It is very important that there is a target date and timetable. These things can drag on if you do not set a deadline to prodouce the report.”
The future of the Seanad would be one of the issues deliberated by the convention. But the paper also disclosed that the party’s new policy is to abolish the upper house.
“In our view, the case for the retention of Seanad Éireann has failed,” it states.
The party’s spokesman on the constitution Brendan Howlin, who was the main author of the paper, said that irrespective of the convention the party was committed to holding a referendum on the Seanad within the lifetime of the next Dáil.
The policy paper contains a total of 140 recommendations on changing government, parliament, political governance and regulation, and the public service.
“It will be the most radical and dramatic change since the foundation of the State,” said Mr Howlin.
“Our intention is that all the work, including constitutional change, be achieved with the lifetime of the parliament,” he said.
The paper draws on previous policy paper and the work of the Oireachtas Commission. Among the major recommendations for Dáil reform are: a 50 per cent increase in Dáil sitting days; a committee week every four weeks; a restriction on guillotines on ills; and a far more accommodating attitude to allow individual TDs to bring forward Bills.
Mr Gilmore said that if a legislative proposal has merit, the Government has to be open and accommodating to it, even if originates from an opposition TD. He said that would lead to a huge change of mindset within parliament.
One of the major reforms recommended is the restoration of powers of inquiry to Dáil committee to allow them inquire into urgent matters of public importance. Justice spokesman Pat Rabbitte said the work of the Oireachtas committee inquiring into the DIRT scandal had resulted in €1 billion being recouped.
“Our State is poorer… becaue fo the killing-off of the right of inquiry by parliamentary committee,” he said.
The significant changes mooted for the workings of government are more direct ministerial accountability for decisions; and independent fiscal advisory council to work on overall economic projections; a stronger Freedom of Information Act, new whistleblowers’ legislation and the advice of the Attorney General to be published when circumstances permit.
Labour has also called for new powers for the Ceann Comhairle that would allow him or her decide “whether a Minister has failed to provide reasonable information in response to a question.”
[The Irish system] throws up elected members who have different strenghts. It will throw up people who are national legislators and others who are more focused on constituency matters. It’s a question of balance.”
