A PROMINENT member of the Fianna Fáil front bench says he will be opposing the so-called “Abbeylara” amendment to the Constitution despite the fact that his party is calling for a yes vote.
Fianna Fáil health spokesman Billy Kelleher intends voting against the 30th Amendment to the Constitution, which confers broad powers of inquiry on committess of the Oireachtas.
However, the party’s official spokesman on the issue, Laois-Offaly TD Seán Fleming, confirmed Fianna Fáil will be urging support for the constitutional change.
Introduced by Minister for Public Expenditure and Reform, Brendan Howlin, the referendum will be held on October 27th, the same day as the presidential election and a separate referendum on judges’ pay.
The amendment arose out of the High Court action which stopped an Oireachtas inquiry into the shooting dead of John Carthy at Abbeylara, Co Longford, during a stand-off with gardaí in April 2000. This effectively halted any Oireachtas probe where a citizen’s good name might be impugned.
Mr Fleming, who is Fianna Fáil spokesman on public expenditure and reform, pointed out yesterday that the referendum was originally proposed last January by an all-party committee chaired by his party colleague, TD Seán Ardagh.
“Our parliament is one of the few parliaments in the world that can’t have an investigation into matters of public interest other than into members of the Oireachtas itself,” Mr Fleming said.
“The Oireachtas has, for the last number of years, outsourced its investigations to tribunals and we all know it has taken decades and hundreds of millions in costs,” he said. He also pointed out that Article 40.3 of the Constitution requires the State to vindicate the “personal rights” and the “good name” of the citizen.
However, his fellow-frontbencher Mr Kelleher told The Irish Times: "I'm going to vote against this". The Cork North-Central TD said he regretted not voting against the legislation for the referendum in the Dáil because of the "sweeping powers" it contained.
“I’m speaking as a public representative, as a citizen as well. I am just concerned that the proposed 30th Amendment to the Constitution is going to confer very sweeping powers on members of the Houses of the Oireachtas.”
He pointed out that “the government of the day will the ones that will have the majority on all the committees” and will therefore be able to decide whether or not an inquiry takes place.
“When you look at the legislation that underpins it, is is quite excessive and tramples on people’s rights,” he said.
Sinn Féin’s Mary Lou McDonald said her party was calling for a yes vote, “as we believe there are significant public policy benefits to be got from an effective system of parliamentary inquiry”.
But she added that “Sinn Féin fought for and secured an amendment to the Government’s original constitutional wording to include due regard to the principles of fair procedures”.
Independent Senator Rónán Mullen has warned the amendment could endanger the rights of innocent people.
“Politicians are the last persons who should be inquiring into the conduct of other persons. That is a job for independent inquiries and for the courts.
"Politicians are generally too prone to partisanship, too concerned about image to do this job properly. Our job as politicians is to work on policy and legislation – and we shouldn't be distracted from this by the prospect of playing Dirty Harryin the committee rooms of Leinster House."
