The 30th Anniversary of the 7th Amendment

Image via WikipediaNext year sees the 30th Anniversary of the Seventh Amendment to the Irish Constitution. The Amendment was approved by referendum on 5 July 1979 and signed into law on the 3 August of the same year. A whopping 92.4% of the electorate voted for the amendment, yet to this day it remains inacted. The seventh amendment allowed for changes in the how the Seanad University Seats were filled and allowed for graduates of other institutions of higher education to vote for the Seanad.

The text of Article 18.4 of the Irish Constitution after the passing of the Seventh Amendment is as follows (new text is in bold):

1. The elected members of Seanad Éireann shall be elected as follows:

i. Three shall be elected by the National University of Ireland.
ii. Three shall be elected by the University of Dublin.
iii. Forty-three shall be elected from panels of candidates constituted as hereinafter provided.

2. Provision may be made by law for the election, on a franchise and in the manner to be provided by law, by one or more of the following institutions, namely:

i. the universities mentioned in subsection 1 of this section,
ii. any other institutions of higher education in the State, of so many members of Seanad Éireann as may be fixed by law in substitution for an equal number of the members to be elected pursuant to paragraphs i and ii of the said subsection 1.

A member or members of Seanad Éireann may be elected under this subsection by institutions grouped together or by a single institution.

3. Nothing in this Article shall be invoked to prohibit the dissolution by law of a university mentioned in subsection 1 of this section.

In its 30 years in the Constitution no Government has taken up on this amendment and passed a law to expand the franchise beyond TCD and the NUI Universities. Which is unusual.

The reason I blog about this is that I recently came across a Facebook group "Seanad Reform - After 30 years can we have our votes now?" calling for the franchise to be expanded. Will the current Government expand the vote to IT's and UL? I doubt it, but I think it is something that should be looked at in terms of reform of the Seanad without having to have a referendum on it.

What Ireland Needs: An Abortion Act

Okay so the title of this post is a bit of a headline grabber but bear with me as this is not a pro-choice or pro-life rant but a discussion on the legal situation of abortion in Ireland. I recently read a book where this is brought up and hence this post. The book in question is "Moments that Changed Us" by Colum Kenny (Goodreads.com link)

Article 40.3.3 of Bunreacht Na hÉireann (Constitution of Ireland) states:

3° The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.

This subsection shall not limit freedom to travel between the State and another state.

This subsection shall not limit freedom to obtain or make available, in the State, subject to such conditions as may be laid down by law, information relating to services lawfully available in another state.

According to the case Attorney General vs X [1992] IESC 1 Chief Justice Finlay states

I, therefore, conclude that the proper test to be applied is that if it is established as a matter of probability that there is a real and substantial risk to the life, as distinct from the health, of the mother, which can only be avoided by the termination of her pregnancy, such termination is permissible, having regard to the true interpretation of Article 40,s.3, sub-s. 3 (Quoted above) of the Constitution.

Of course this means that the Oireachtas should set out legislation how this procedure should be allowed take place in Ireland instead of forcing the mother to travel abroad for a termination which can legally under the constitution take place in Ireland. Unfortunately under the Offences against the Person Act, 1861 there is a penalty of life imprisonment for any person who carries out an abortion even if this abortion is allowed by the constitution. As you can see there is a case for the changing of the 1861 act least alone that is does need updating.

While I am not an expert in law or medicine I do not like to see ambiguities in the law, especially when it comes to life. The sooner our politicians wake up and amend the Offences against the Person Act, 1861 or try again to amend the constitution we are stuck with this ambiguity of the law.

Law Reform Commission: Report on Rights and Duties of Cohabit

http://www.lawreform.ie/#Third%20Annual%20Conference%202006%20Cohabitation:%20Models%20for%20Legal%20Reform

At the above link the Law Reforms Commission's Report on Rights and Duties of Cohabitants which was published yesterday.

Also availible at the above link is the Draft Cohabitants Bill 2006.

Irish Weapons Amnesty

The Amnesty will allow persons to hand in guns, ammunition, knives and offensive weapons to their local Garda station without being charged for illegal possession.

The Amnesty ends on the 31st of October so Hand it in!!!