Irish constitutional referendums, 2011
Encyclopedia
Two referendum
s were held simultaneously in Ireland
on 27 October 2011, each on a proposed amendment of the Constitution of Ireland
. The proposed amendments are on judicial salaries pay cuts, and to provide additional powers to Oireachtas
committees.
They were held on the same day as the 2011 presidential election and a Dáil by-election in Dublin West
. An application to prevent both referendums from going ahead was refused by the Supreme Court on 26 October 2011. The Irish Council for Civil Liberties
said the information provided to voters in advance of polling in the two constitutional referendums was "tardy and inadequate".
salaries. This became contentious in the context of widespread salary cuts during the 2008–2011 Irish financial crisis
.
Under the Constitution a judge's salary may not be reduced during their term of office. This is intended to protect the independence of the judiciary and prevent governments from imposing pay cuts as a reprisal for judgments with which they disagree.
The amendment was passed.
to Oireachtas
committees investigating matters of public interest.
The Supreme Court of Ireland found the Oireachtas did not have an inherent power to conduct inquiries, and that it overstepped its jurisdiction when it set up the Abbeylara inquiry into the shooting of John Carthy
in Abbeylara
, County Longford
, in 2000.
The amendment was rejected.
s were established for the two referendums, on 5 September for the 29th Amendment and on 13 September for the 30th Amendment. The commissions have the same membership, being chaired by retired judge Bryan McMahon, with ex-officio members the clerk
s of Dáil Éireann
and Seanad Éireann
, the Ombudsman, and the Comptroller and Auditor General
.
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
s were held simultaneously in Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
on 27 October 2011, each on a proposed amendment of the Constitution of Ireland
Constitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
. The proposed amendments are on judicial salaries pay cuts, and to provide additional powers to Oireachtas
Oireachtas
The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
committees.
They were held on the same day as the 2011 presidential election and a Dáil by-election in Dublin West
Dublin West by-election, 2011
A by-election was held in the Dublin West constituency on 27 October 2011 following the death of the Fianna Fáil Teachta Dála and former Minister for Finance Brian Lenihan, Jnr on 10 June 2011...
. An application to prevent both referendums from going ahead was refused by the Supreme Court on 26 October 2011. The Irish Council for Civil Liberties
Irish Council for Civil Liberties
The Irish Council for Civil Liberties is an Irish non-profit organisation dedicated to supporting the civil liberties and human rights of people in Ireland.-History:...
said the information provided to voters in advance of polling in the two constitutional referendums was "tardy and inadequate".
Twenty-ninth Amendment
The Twenty-ninth Amendment is a proposal to remove the ban on reducing judicialCourts of the Republic of Ireland
The Courts of the Republic of Ireland consist of the Supreme Court, the Court of Criminal Appeal, the High Court, the Circuit Court and the District Court. The courts apply the laws of Ireland. Ireland is a common law jurisdiction and trials for serious offences must usually be held before a jury...
salaries. This became contentious in the context of widespread salary cuts during the 2008–2011 Irish financial crisis
2008–2011 Irish financial crisis
The 2008–2011 Irish financial crisis, which had stemmed from the financial crisis of 2008, is a major political and economic crisis in Ireland that is partly responsible for the country falling into recession for the first time since the 1980s...
.
Under the Constitution a judge's salary may not be reduced during their term of office. This is intended to protect the independence of the judiciary and prevent governments from imposing pay cuts as a reprisal for judgments with which they disagree.
The amendment was passed.
Thirtieth Amendment
The Thirtieth Amendment is a proposal to grant full investigative powersSubpoena
A subpoena is a writ by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena:...
to Oireachtas
Oireachtas
The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
committees investigating matters of public interest.
The Supreme Court of Ireland found the Oireachtas did not have an inherent power to conduct inquiries, and that it overstepped its jurisdiction when it set up the Abbeylara inquiry into the shooting of John Carthy
John Carthy
John Carthy was a 27-year-old Irish citizen with known psychiatric illnesses. On Thursday 20 April 2000 he was shot dead in controversial circumstances by the Emergency Response Unit of An Garda Síochána at his home in Toneymore, Abbeylara, County Longford, Ireland after a twenty-five hour...
in Abbeylara
Abbeylara
Abbeylara is a village in the easternmost portion of County Longford, Ireland, located about three kilometers east of Granard on the R369 regional road. Its name is derived from a monastery, the great Abbey of Lerha, founded in 1205 by Hiberno-Norman magnate, Risteárd de Tiúit, for Cistercian monks...
, County Longford
County Longford
County Longford is a county in Ireland. It is part of the Midlands Region and is also located in the province of Leinster. It is named after the town of Longford.Longford County Council is the local authority for the county...
, in 2000.
The amendment was rejected.
Referendum Commissions
Separate Referendum CommissionReferendum Commission
The Referendum Commission is an independent statutory body in Ireland which is set up in advance of any referendum. The Referendum Act 1998 as amended by the Referendum Act 2001 provides for the establishment of the body.-Background:...
s were established for the two referendums, on 5 September for the 29th Amendment and on 13 September for the 30th Amendment. The commissions have the same membership, being chaired by retired judge Bryan McMahon, with ex-officio members the clerk
Clerk (legislature)
The Clerk, Chief Clerk, or Secretary of a chamber or house in a legislature is the senior administrative officer responsible for ensuring that its business runs smoothly. This may encompass keeping custody of documents received and produced, making records of proceedings, allocating office space,...
s of Dáil Éireann
Dáil Éireann
Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote...
and Seanad Éireann
Seanad Éireann
Seanad Éireann is the upper house of the Oireachtas , which also comprises the President of Ireland and Dáil Éireann . It is commonly called the Seanad or Senate and its members Senators or Seanadóirí . Unlike Dáil Éireann, it is not directly elected but consists of a mixture of members chosen by...
, the Ombudsman, and the Comptroller and Auditor General
Comptroller and Auditor General
Comptroller and auditor-general is the abbreviated title of a government official in a number of jurisdictions, including the UK, the Republic of Ireland, India, and China....
.
See also
- Constitutional amendmentConstitutional amendmentA constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
- Politics of the Republic of IrelandPolitics of the Republic of IrelandIreland is a parliamentary, representative democratic republic and a member state of the European Union. While the head of state is the popularly elected President of Ireland, this is a largely ceremonial position with real political power being vested in the indirectly elected Taoiseach who is...
- History of the Republic of IrelandHistory of the Republic of IrelandThe Irish state originally came into being in 1922 as the Irish Free State, a dominion of the British Commonwealth, having seceded from the United Kingdom under the Anglo-Irish Treaty. It comprises of 26 of Ireland's 32 counties...
External links
- Referendum 2011 dedicated website set up by the Referendum Commission