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

Rectify Basic Failures of the Irish Political Process

The issue of reforming the political system is a live one at present and, as we look forward to a general election and the opportunities that it might bring, it is indeed important to consider the changes that might be made to our political system so as to increase its efficiency, its transparency, and its ability to properly represent the interests of the Irish people.

This post does not put forward any radical suggestions for change, but pleads, instead, for our future political representatives and legislators to consider two related basic points:

1. Legislation is not the answer to everything; and

2. Rushing through significant legislative proposals without appropriate time for discussion is both disrespectful to the political process and reckless in terms of their impact.

While my focus here is on the criminal justice system, most of what I have to say may equally apply to other parts of Irish society. Continue reading “Rectify Basic Failures of the Irish Political Process”

Rectify Basic Failures of the Irish Political Process

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

Constitutional Revolution 3.5: Fine Gael Debate Today

This afternoon, the Fine Gael National Conference will debate the party leadership’s proposals for political and constitutional reform in Ireland. The reforms, which we discussed previously (here, here and here) would include:

– the abolition of the Seanad;

– a new “list” system for selecting 15 TDs;

– new constitutional recognition given to four Dáil committees;

– reduction of the President’s term of office from seven years to five;

– the introduction of a public petition mechanism for the Dáil.

Expect to see lots on this in the press in the coming days and some more substantive analysis here at HRinI once we have the full Fine Gael proposals to hand.

Constitutional Revolution 3.5: Fine Gael Debate Today