Oireachtas Joint and Select Committees

Thursday, 1 June 2017

Joint Oireachtas Committee on Housing, Planning, Community and Local Government

General Scheme of Thirty-fourth Amendment of the Constitution (Presidential Voting) Bill 2014 [Private Members']: Discussion

9:30 am

Ms Ríona Ní Fhlanghaile:

I would say it is almost the opposite. We have to try very hard to get it right. We have not taken legal advice on the Sinn Féin Bill as such because we are not quite in that space. We are in the very useful discussions phase. Our advice is that if we were thinking of excluding people, for example, limiting it to passport holders or those who have only been away for five years, we would need to be explicit in terms of the Constitution. I do not think, therefore, that Sinn Féin is trying too hard at all. It is important to be clear and explicit. We cannot deprive somebody of something such as a voting right in legislation if we do not have the authority to do that under the Constitution. It would simply be unconstitutional to do so. I do not think Sinn Féin is trying too hard. Perhaps we are both looking at things from a different space. For example, if we were to set a passport requirement, the people Sinn Féin is concerned about in Northern Ireland would have to obtain passports. Many of them might not regard that as desirable so we must look at that. Perhaps it might involve inserting an Article 12.2.4o into the Constitution. I do not know. These are all the things we are exploring and that is why there are seven options.

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