|
See the Referendum Commission website for more information on this Amendment, including the arguments for and against a yes vote. |
The Question
Do you approve of the proposal to amend the Constitution contained in the undermentioned Bill?
Twenty-first Amendment of the Constitution (No 2) Bill, 2001
That Bill contains the detailed proposals for changing the Constitution. There are four elements to these proposals:
In Article 13.6, to delete ",except in capital cases,";
In Article 15.5, to insert the following subsection -
"2° The Oireachtas shall not enact any law providing for the imposition of the death penalty.";
In Article 28.3.3°, to insert "other than Article 15.5.2°" after "Constitution";
In Article 40.4, to delete subsection 5°.
You will be required to vote yes or no on the proposal on Thursday 7 June, 2001.
The Explanation
The proposed amendment seeks to change four separate provisions of the Constitution. The combined effect of these changes would be to delete all remaining references to the death penalty in the Constitution and to prevent its re-introduction under any circumstances, even where there is a state of emergency.
Article 13.6
Article 13.6 deals with the right to pardon and the power to commute or remit punishment imposed by a court following a criminal conviction. Article 13.6 provides that this power is vested in the President (who must act on the advice of the Government) "except in capital cases." If the referendum were passed, the reference to capital cases will be deleted. Capital cases are cases which involve the imposition of the death penalty.
Article 15.5.2°
If the referendum were passed, an entirely new provision would be made prohibiting the Oireachtas from enacting any law providing for the imposition of the death penalty and would be inserted as Article 15.5.2°.
Article 28.3.3°
Article 28.3.3° is the provision permitting the Houses of the Oireachtas to declare a state of emergency by reason of war, armed rebellion or an armed conflict arising outside the State which affects the vital interests of the State. Where such a declaration has been made legislation made as a result of it cannot be challenged on grounds that it is inconsistent with the Constitution.
If the amendment were passed, no law could be made, as a result of such a declaration, providing for the death penalty. The general power of the Houses of the Oireachtas to declare a state of emergency, and the consequence of such declaration, is not otherwise changed by this referendum.
Article 40.4
Article 40.4 of the Constitution provides for an inquiry to be made by the High Court about the detention of a person, and, in appropriate cases, to order his or her release.
Article 40.4.5° deals with the special situation of where a person under sentence of death applies to the High Court for an inquiry under Article 40.4 as to the legality of his or her detention. If the amendment is passed, this provision, which would be quite inconsistent with the prohibition of the death penalty, will be taken out of the Constitution.
|