Oireachtas Joint and Select Committees

Wednesday, 27 September 2017

Joint Oireachtas Committee on the Eighth Amendment of the Constitution

Eighth Amendment of the Constitution: Constitutional Issues Arising from the Citizens Assembly Recommendations

1:30 pm

Dr. David Kenny:

I am going to take the same plea on the second question.

On the first, I take a slightly different view of the Citizens’ Assembly recommendation. When Ms Justice Mary Laffoy explained the ballot put to them, she spoke about full control being given to the Legislature.

That is on page 894 of the report, in appendix E. Related to that, there is a question and answer section where, on page 899 leading into page 900, one of the citizens asks if the assembly were to vote for this option, would it mean that the Oireachtas could maintain the status quoand not legislate. The response given by Professor Madden, the legal representative on the advisory group, was "Yes". She argued that this option would give the Oireachtas the power to either retain the status quoor to do something. That was my view of what the citizens were told they were voting for and obviously that is open to interpretation.

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