Human Rights and the Irish Government's Legislative Agenda 2012 and Beyond

The Department of An Taoiseach has published the overly ambitious legislative agenda for the current Dáil and Seanad session. The Immigration, Residence and Protection Bill 2010 will (hopefully!) be heading to Committee Stage this term. The 2010 Immigration Bill has been around in essence since 2006, and will unlikely be coming into force for some time to come yet, despite severe need for fundamental reform of Ireland’s immigration and asylum laws.  Previous blog posts have discussed concerns with the 2010 Bill and its provisions, as well as noting the severe delays in debating this bill [see, here, here and here].  In the immediate future, a number of significant bills are expected be published that will engage Ireland’s human rights obligations under domestic, European and international human rights law. Of particular note in this regard will be establishing the DNA database (see Vicky’s Blog Carnival posts on DNA databases) and reforming the law on mental capacity (see Law Reform Commission’s report here and Human Rights in Ireland contributions to the wider capacity debate here).

A large number of other  Schemes/Heads of Bills are currently being drafted up as bills, in particular as regards criminal justice issues, corruption Continue reading “Human Rights and the Irish Government's Legislative Agenda 2012 and Beyond”

Human Rights and the Irish Government's Legislative Agenda 2012 and Beyond

Conference on Executive Accountability and Parliamentary Democracy

The School of Law at NUI Galway in association with the Mason Hayes + Curran are to hold a conference on executive accountability and parliamentary democracy in Aras Moyola at NUI Galway on 26 March 2011.  See here for online registration.  This half-day conference marks the 5th Anniversary of the commencement of the LL.M in Public Law offered by the School of Law at NUI Galway.  See here for information on the LL.M in Public Law.  Catherine McGuinness Adjunct Professor of Law at the School of Law, NUI Galway will chair the event.  Emily O’Reilly the Ombudsman and Information Commissioner will deliver a keynote address and Donncha O’Connell from the School of Law at NUIG will present a paper on Accountability and the Constitution.  Catherine Allen a Partner with Mason, Hayes & Curran will present a paper on Accountability and the Environment.  Political analyst and lecturer at TCD Elaine Byrne will speak on accountability and perception.



Conference on Executive Accountability and Parliamentary Democracy

A Referendum on the Seanad: Abolition without Reflection?

Today’s Irish Times reports that the Government appears to be considering holding a referendum on the Seanad on the same day as General Election 2011 (which we reported on here). This means that Fianna Fáil appears now to have joined Fine Gael and Labour in the view that the Seanad ought to be abolished. This raises a couple of important questions that I want to briefly air here: why have we decided to abandon bicameralism in favour of a one-house parliament and have we really thought through the implications? Is there no potential to reform the Seanad in a way that enhances democracy and the rule of law rather than simply abolishing it? And why is this suddenly the priority referendum, rather than other more pressing matters such as children’s rights? In my view, once we ask these questions the merits of the proposal for abolition are extremely difficult to identify. Continue reading “A Referendum on the Seanad: Abolition without Reflection?”

A Referendum on the Seanad: Abolition without Reflection?

Fine Gael's New Politics and the Abolition of the Seanad

Fine Gael’s New Politics proposals include a proposal to abolish Seanad Éireann and move towards a unicameral system of parliament. In this post I want to express some concerns, based firmly in a human rights perspective, about this proposal. First of all we should note that the Seanad, or upper house, is by no means a perfect institution. In fact, there are many things that are objectionable about it including the means by which it is populated. However, for the reasons that I outline below, I am not convinced that abolition of the Seanad is the way forward or that Fine Gael have made out a strong enough case for this kind of momentous constitutional change. I have identified five primary claims in New Politics for the abolition of the Seanad and I consider these claims, and their merits, after the jump.

Continue reading “Fine Gael's New Politics and the Abolition of the Seanad”

Fine Gael's New Politics and the Abolition of the Seanad