Commission confirm that if #Seanad is abolished A.27 of Const. removed. Bill of national importance can never be put to referendum. Vote No!
— Colm Keaveney T.D. (@Colm_Keaveney) September 30, 2013
Article 27?
We asked Legal Coffee Drinker.
Broadsheet: “Legal Coffee Drinker, what is Article 27?”
Legal Coffee Drinker: “It is a provision in the Constitution which provides for a referendum on a proposed law, where the President, a majority of the Seanad and at least one third of members of the Dail are of the view that the change proposed is of such national importance that the will of the people should be ascertained before it becomes law.”
Broadsheet: “Is it exercised very often?”
Legal Coffee Drinker: “To my knowledge it has never been exercised to date.”
Broadsheet: “Why is it significant?”
Legal Coffee Drinker: “Its operation is dependent on there being a functioning Seanad. If the Seanad is abolished, this provision goes as well by default.”
Broadsheet: “Will we even miss it?”
Legal Coffee Drinker: “Well, the fact that it’s never been used to date doesn’t mean it might not be needed in the future. Also, I wouldn’t underestimate its deterrent effect. There’s a great quote by the American constitutionalist Thomas Paine:
“a single legislature, on account of the superabundance of its power, and the uncontrolled rapidity of its execution, becomes as dangerous to the principles of liberty as that of a despotic monarch.”
I see these checks and balances on the Dail as a bit like insurance; we may not need to rely on them, but it’s handy to have them in case the worst arises. We have to remember that any abolition of Article 27 – or the Seanad – doesn’t just apply for the life of this current Dail; it will continue for generations into the future. Are we really confident we can do without them?”
Broadsheet: “Anything else?”
Legal Coffee Drinker: “Speaking personally, I don’t like the idea of increased concentration of power. Just because Article 27 hasn’t been used to date, doesn’t mean it might not be needed in the future. Also [drains coffee] I wouldn’t underestimate its deterrent effect.”
Broadsheet: “Thanks Legal Coffee Drinker.”
