Sixteenth Amendment of the Constitution of Ireland
Encyclopedia
The Sixteenth Amendment of the Constitution of Ireland
provided that a court could refuse bail
to a suspect where it feared that while at liberty they would commit a serious criminal offence. It was effected by the Sixteenth Amendment of the Constitution Act, 1996, which was approved by referendum
on 28 November 1996 and signed into law on the 12 December of the same year.
, meant that an individual charged with a crime could only be refused bail if they were likely to flee or to interfere with witnesses or evidence. The Sixteenth Amendment made it possible for a court to take into account whether or not a person had committed serious crimes while on bail in the past. The amendment was introduced by the Fine Gael
–Labour Party
government of John Bruton
, but was also supported by Fianna Fáil
and the Progressive Democrats
(the two major opposition parties). The referendum was approved, on a low turnout, by 579,740 (74.8%) in favour to 194,968 (25.2%) against. While the change shown above is that made to the English language version of the constitution, constitutionally it is the Irish
text that takes precedence.
The Bail Act, 1997 was passed as the provision to be made by law arising from the amendment.
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...
provided that a court could refuse bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
to a suspect where it feared that while at liberty they would commit a serious criminal offence. It was effected by the Sixteenth Amendment of the Constitution Act, 1996, which was approved by referendum
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...
on 28 November 1996 and signed into law on the 12 December of the same year.
Changes to the text
- Insertion of new Article 40.4.6:
- Provision may be made by law for the refusal of bail by a court to a person charged with a serious offence where it is reasonably considered necessary to prevent the commission of a serious offence by that person.
Overview
In 1965 the Supreme Court had ruled in the O'Callaghan case that the provisions of Article 40.4, which guarantees personal liberty and the principle of habeas corpusHabeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
, meant that an individual charged with a crime could only be refused bail if they were likely to flee or to interfere with witnesses or evidence. The Sixteenth Amendment made it possible for a court to take into account whether or not a person had committed serious crimes while on bail in the past. The amendment was introduced by the Fine Gael
Fine Gael
Fine Gael is a centre-right to centrist political party in the Republic of Ireland. It is the single largest party in Ireland in the Oireachtas, in local government, and in terms of Members of the European Parliament. The party has a membership of over 35,000...
–Labour Party
Labour Party (Ireland)
The Labour Party is a social-democratic political party in the Republic of Ireland. The Labour Party was founded in 1912 in Clonmel, County Tipperary, by James Connolly, James Larkin and William X. O'Brien as the political wing of the Irish Trade Union Congress. Unlike the other main Irish...
government of John Bruton
John Bruton
John Gerard Bruton is an Irish politician who served as Taoiseach of Ireland from 1994 to 1997. A minister under two taoisigh, Liam Cosgrave and Garret FitzGerald, Bruton held a number of the top posts in Irish government, including Minister for Finance , and Minister for Industry, Trade,...
, but was also supported by Fianna Fáil
Fianna Fáil
Fianna Fáil – The Republican Party , more commonly known as Fianna Fáil is a centrist political party in the Republic of Ireland, founded on 23 March 1926. Fianna Fáil's name is traditionally translated into English as Soldiers of Destiny, although a more accurate rendition would be Warriors of Fál...
and the Progressive Democrats
Progressive Democrats
The Progressive Democrats , commonly known as the PDs, was a pro-free market liberal political party in the Republic of Ireland.Launched on 21 December 1985 by Desmond O'Malley and other politicians who had split from Fianna Fáil and Fine Gael, the Progressive Democrats took liberal positions on...
(the two major opposition parties). The referendum was approved, on a low turnout, by 579,740 (74.8%) in favour to 194,968 (25.2%) against. While the change shown above is that made to the English language version of the constitution, constitutionally it is the Irish
Irish language
Irish , also known as Irish Gaelic, is a Goidelic language of the Indo-European language family, originating in Ireland and historically spoken by the Irish people. Irish is now spoken as a first language by a minority of Irish people, as well as being a second language of a larger proportion of...
text that takes precedence.
The Bail Act, 1997 was passed as the provision to be made by law arising from the amendment.
Result
See also
- 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...
- 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...
External links
- Sixteenth Amendment of the Constitution Act, 1996 (Full text at IrishStatuteBook.ie)
- Full text of the Constitution of Ireland (Accurate up to and including the Twenty-seventh Amendment from Department of the Taoiseach)
- The Unabridged Constitution of Ireland (Unofficial variorum edition – accurate only up to Twentieth Amendment)