A Referendum Commission reply

national | miscellaneous | news report Friday October 18, 2002 13:23 by Edwd Sheehy - none sheehyt at eircom dot net

It seems nobody knows nothing!

I asked the Referendum Commission to comment on a possible interpretation of an existing article of our constitution [29 4. 7°] and its constitutional effect in the event of the adoption of the Nice Treaty. I enclose it and the reply below.

What I understand from the reply is that no-one can say for sure what the constitutional ramifications of the Treaty are unless or until the courts adjudicate on a case involving constitutional law. However, if the Treaty is adopted then it will be the legal base line against which such cases are judged unless there is an internal contradiction in the constitution which the courts will have to resolve, presumably taking into account the extent to which the Irish people were adequately informed regarding the constitutional impacts of the Nice Treaty.

I for one have not been informed and I advise people who are similarly concerned about the Constitutional consequences of the Nice Treaty to voice their concerns to the Supreme Court

To the Referendum Commission
I am a voter in the forthcoming referendum on the Treaty of Nice. I would like
clarification on the import of Article 29 4.7° of the Constitution, particularly the latter
section:
"No provision of this Constitution invalidates laws enacted... or prevents laws enacted,
acts done or measures adopted by the European Union or by the Communities or by
institutions thereof, or by bodies competent under the Treaties establishing the
Communities, from having the force of law in the State."

I take this to mean in plain language that the Constitution may not be invoked to prevent
the adoption by Ireland of measures agreed at European level.

My reading of this article suggests to me that present balance of power [between the
Oireachtas and the European Commission/Council] will be irrevocably changed by the adoption of the
provisions of the Nice Treaty, including provisions concerning the loss of a national
veto/qualified majority decision making and the loss of Ireland's absolute right to
nominate a Commissioner.

Equally it seems to me that the Seville Declaration (and the present Government's
interpretation of its effect) would be superceded by this provision of our constitution in
the event, for instance, that the EU decided to develop and employ a military capacity.

I would like to know if my reading of this article of our Constitution is, in general,
correct.

If it is correct I believe the Referendum Commission is obliged to inform Irish voters of
the actual diminution of national sovereignty which will result from the combined effects
of Article 29 4. 7° and the provisions of the Treaty of Nice, if it is adopted.

"From: patricia_doyle@ombudsman.irlgov.ie
To: sheehyt@eircom.net
Subject: referendum
Date: Tue, 15 Oct 2002 10:09:58 +0100
Content-Type: text/plain
I refer to your email to the Referendum Commission in which you request the
Commission to comment on your interpretation of the proposed amendment to
Article 29 of the Constitution and the Seville Declaration in the context of
their possible impact on Irish neutrality.

"You will be aware, I am sure that the Commission's statutory role is twofold -
firstly, to provide a general explanation of the subject matter of referendum
proposals and secondly to promote awareness and encourage the electorate to vote
in the referendum. During the present information campaign the Commission is
responding to Frequently Asked Questions on the referendum proposals, in so far
as they relate to matters of fact, and some of these will touch on the issue of
neutrality. The Commission's responses are being carried in the press, on our
website and in television broadcasts.

"However, the Commission cannot comment on your interpretation of the proposed
amendment to Article 29 as the Commission cannot provide definitive legal
interpretations on constitutional issues surrounding the referendum. This is
ultimately a matter for the courts.

I trust that this clarifies the Commission's position.

Patricia Doyle
Referdnum Commission"

"Article 29 4. 7° No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State which are necessitated by the obligations of membership of
the European Union or of the Communities, or prevents laws enacted, acts done or measures
adopted by the European Union or by the Communities or by institutions thereof, or by
bodies competent under the Treaties establishing the Communities, from having the force of
law in the State."

PS Does this mean that the following article of the Constitution is not worth the paper it's written on?

"Article 6 1. All powers of government, legislative, executive and judicial, derive,
under God, from the people, whose right it is to designate the rulers of the State and,
in final appeal, to decide all questions of national policy, according to the requirements
of the common good."