Murphy urges a ‘No’ vote in next week’s Oireachtas Inquiry Referendum
Press Release – 20th October 2011

Deputy Catherine Murphy, Independent TD for Kildare North today joined with several other Independent colleagues to urge voters to reject the proposed 30th Amendment to the Constitution on Oireachtas Inquiries. Having been amongst the most vocal opponents of the wording of the amendment during the brief time given over to debate, Deputy Murphy, while recognising the need to bestow inquiry powers on the Oireachtas, outlined how she feels that the Government’s wording as proposed could create some dangerously ill-defined powers for the Executive, rather than the Oireachtas as a whole.
Speaking at a press conference convened in Dublin to highlight the issue, Deputy Murphy and her colleagues highlighted several matters of concern for voters, in particular the provision of the amendment (subsection 4°) which states:
4° It shall be for the House or Houses concerned to determine, with due regard to the principles of fair procedures, the appropriate balance between the rights of persons and the public interest for the purposes of ensuring an effective inquiry into any matter to which subsection 2° applies. (Referendum Commission)
This provision, it was explained, leaves the definitions of fair procedure and due process in the hands of whomever commands a majority in the Oireachtas, and not the Courts System. At no point in the history of the state has there been a comparable attempt to create a process of inquiry where those who have findings made against them have such little recourse to review from the Courts. In addition, the possibility of a future administration abusing such powers cannot be ruled out, Deputy Murphy explained.
It was acknowledged that the intent of the Government in drafting the amendment was a noble one, however Deputy Murphy and her colleagues concluded by stating that given the very small amount of time given to debate and the flawed wording of the amendment as proposed they have no other option but to urge its rejection by voters.
ENDS