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:

It is very tricky to execute. The courts have not been strict in proposing limits on the kind of changes that one can make to the Constitution. There would have to be some mechanism to ensure that a clear question can be put. Obviously, it has to come in the form of a Bill enacted through the Oireachtas and result in a ballot paper which is then voted on. The problem is that if one has some multiple-choice system, it is unclear one can pass a referendum like that, unless the majority of people vote for one preference. If it is possible - that is something of an open question - one creates a difficulty whereby one would have to pass that preferendum with one option happening to get a majority of votes on the day. Perhaps the most likely case, particularly if there are multiple options on the ballot, would be an inability to pass any one option. As a matter of the logistics of changing the Constitution, it is very difficult.

It might also create difficulties debating constitutional change, which is a complex matter at the best of times. It is difficult to convey complex matters of constitutional law and potential effects. These may be compounded if one has multiple competing visions on the same ballot paper.