Surge in calls to reject inquiry powers

A GROUP of politicians, civil rights campaigners and lawyers have joined forces and called for a “no” vote in next week’s referendum on whether or not Oireachtas members should be given increased powers of investigation.

With just six days to go to polling day, momentum is building to reject changes to the Constitution which will give TDs and senators the powers to investigate the actions of individuals.

The 10 TDs and two senators said the “flawed” referendum had been “rushed”, adding that a yes vote would exclude any recourse to the courts for those under investigation.

The group is comprised of TDs Catherine Murphy, Shane Ross, Stephen Donnelly, Finian McGrath, Maureen O’Sullivan, John Halligan, Mick Wallace, Luke “Ming” Flanagan, Thomas Pringle, Tom Fleming, and senators John Crown and Ronán Mullen.

Independent technical group chairman Finian McGrath said politicians supported the idea of holding Oireachtas inquiries but had concerns about the present wording.

“There has been inadequate debate, the legislation was rushed,” he said.

“This gives dramatic new powers to the Government, not the Oireachtas. It may exclude the courts, inquiries could prejudice trials and we need to make sure that other investigative bodies are fully resourced first.”

The group said Oireachtas committees were dominated by government parties and called for it to be decided alongside the children’s rights referendum next year.

Mr Ross said: “It’s an absolutely appalling amendment and I think it’s being held on the same day as the presidential election so that there won’t be a full debate on it. The power in this bill goes to politicians to decide what the public interest is and it leaves it open to them to exploit it for their own political advantage.”

The Irish Council for Civil Liberties said the referendum has been rushed, was ill-considered and did not strike the right balance between the public interest and individual rights.

The Bar Council also urged citizens to vote no, saying it remained unclear what role the courts might have for those appealing inquiries.

The council said inquiries should not be led by Oireachtas members, who have “an ever-present interest in the political issues of the day, including the standing of the Government”.

Removing this protection would “render such inquiries free to trample, without fear of censure, over the rights of the citizen”, the Bar Council said.

Referendum commission chairman Bryan McMahon said the courts would have “a very great difficulty second guessing” the balance decided by committees between a citizen’s rights and matters of public interest.

The Government dismissed concerns yesterday.

Public Expenditure Minister Brendan Howlin said: “The strong advice I have been given by the Attorney General is the panoply of rights available to a citizen is in no way circumscribed by this amendment.”