Seanad debates

Thursday, 11 July 2013

An Bille um an Dara Leasú is Tríocha ar an mBunreacht (Deireadh a Chur le Seanad Éireann) 2013: Céim an Choiste (Atógáil) - Thirty-second Amendment of the Constitution (Abolition of Seanad Éireann) Bill 2013: Committee Stage (Resumed)

 

4:00 pm

Photo of Brian Ó DomhnaillBrian Ó Domhnaill (Fianna Fail) | Oireachtas source

According to the Oireachtas Library and Research Service, this article is being substituted with reference to the two Houses of the Oireachtas being removed. It further points out that the term "House" is used in reference to Dáil Éireann when the use of "Dáil Éireann" may be clearer. It further points out that the article refers to felony and the terms of the Bill do not change this. According to it, the distinction between felony and misdemeanour was abolished by section 3 of the Criminal Law Act 1997 and further clarification on whether felony is now interpreted according to this proposed piece of legislation as "arrestable offence" - one that carries a five-year prison sentence or more - is now required. That is not provided for in the Bill or explanatory memorandum. The independent Oireachtas Library and Research Service has raised a question here and I think we need clarification on that point before the House is asked to vote on this section. There may be a constitutional question here in respect of that. Before I go any further, I would like clarification but I think the amendment proposed by Senator Norris is really sensible and outlines the point made by a number of political parties, including my own.

This is a grave issue of national importance. The Constitutional Convention was established in respect of the manner in which politics is practised in this country - what the people define as active participatory democracy. However, the Government has decided to axe participative democracy through the Seanad abolition Bill.

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