Dáil debates

Tuesday, 20 September 2011

An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages


6:00 pm

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)

Let me deal with that issue front-up because it is a simple matter. It is an absolute established convention that all articles of the Constitution must be read harmoniously. It is the same in law with the Interpretation Act. This determines how law is interpreted across potentially conflicting statutes. The Constitution must be read harmoniously. There is no doubt that the established rights under Article 43 of the Constitution on fair procedures must be vindicated. Equally, there is no doubt that every citizen has the right of access to the courts to have the point tested. I am proposing an amendment which I am legally advised is unnecessary but which I propose to make for the sake of absolute clarity and to address an issue fairly made by Deputy McDonald. The amendment will write the clause on fair procedures into the constitutional amendment itself.


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