President to examine controversial new Bills

Two controversial new laws dealing with gangland criminals and blasphemy will be examined by President Mary McAleese tonight.

A meeting of the Council of State will be held at Aras an Uachtarain to discuss the legality of the legislation rather than simply signing them into law.

The two Bills being questioned are the Criminal Justice (Amendment) Bill 2009 and the Defamation Bill 2006, which were rushed through the Oireachtas in the weeks before the summer recess.

The Council of State is a 22-member team made up of the most senior serving and former office-holders in the country which advises the President on whether a law is constitutional.

But the President alone will make the decision on whether to refer the legislation to the Supreme Court after the meeting.

She is expected to make a statement either tonight or tomorrow morning.

Both Bills have caused massive controversy with more than 130 lawyers writing a public letter demanding the Criminal Justice Bill be withdrawn, claiming Ireland would be shamed by it in the eyes of the international community.

It allows for gangland suspects to be tried in the non-jury Special Criminal Court and paves the way for “opinion evidence” from Garda members to be used in court.

Meanwhile, the Defamation Bill, which reforms the State’s libel laws, provoked an outcry over its inclusion of a charge of blasphemous libel.

President McAleese has called a meeting of the Council of State over concerns about proposed laws on four previous occasions during her 12 years in office.

On one occasion, the President – herself a distinguished lawyer – refused to sign the Health (Amendment) Bill into law in 2002 after the Supreme Court found parts of it were unconstitutional.

On two occasions the President decided to sign contested Bills after consultation and on the other occasion she signed the Bill into law after the Supreme Court ruled it was not unconstitutional.

Bills must be signed by the President after going through both the Dáil and Seanad before they become law.

The Council of State includes Taoiseach Brian Cowen, Tánaiste Mary Coughlan, Chief Justice John L Murray, President of the High Court Richard Johnson and Attorney General Paul Gallagher.

Former President Mary Robinson and five ex-Taoisigh, Liam Cosgrave, Garret Fitzgerald, Albert Reynolds, John Bruton and Bertie Ahern are automatically members.

Members appointed by the President are Colonel Harvey Bicker, Anastasia Crickley, Mary Davis, Martin Mansergh, Enda Marren, Professor Denis Moloney and Daraine Mulvihill.

Justice Minister Dermot Ahern, who successfully pushed both Bills through the Oireachtas, said he was confident the legislation was constitutional.

“I’m confident that the Government are happy and the Attorney General is happy with the constitutionality of both pieces of legislation. But ultimately it’s the President who decides,” he said.

“I’ve heard some people who were vehement opponents of this (Criminal Justice) Bill, saying that that would be the nuclear option if it was transferred to the Supreme Court.

“Because if the Supreme Court came out and made a decision that it was constitutional then none of it could be challenged in future. I’m agnostic in relation to what might happen.

“I’m happy that I’ve done my work and the Attorney General’s done his work and the Government have done their work in relation to that Bill, and the defamation Bill, it has to be said, as well.”