Home News Press Releases Senator Daly will ask fellow Senators to invoke Article 27 of the Constitution
Senator Daly will ask fellow Senators to invoke Article 27 of the Constitution PDF Print E-mail
Written by MD   
Monday, 30 January 2012 09:42

Senator Daly will ask fellow Senators to invoke Article 27 of the Constitution whereby the Seanad can petition the President to hold a Referendum if Kenny tries to avoid a vote of the people.

The Senate has a power to petition the President to call a referendum. This it can do even in the current circumstances where the Government has an overwhelming majority. Article 27 of the Constitution allows the President once requested by a majority of the Senate and one third of the Dail to call a referendum. 


Under the constitution the Seanad has the power to petition the President to refuse to sign a bill already passed by the Dail. Article 27 of the constitution allows the president if petitioned by a majority of the senate and only 1/3 of the TDs to put the contents before the people in a referendum.

"The current governments wish to avoid a vote of the people on the proposed changes to the way Europe runs it affairs. This is the biggest and most fundamental change to our system of government since the adoption of the 1937 constitution. The safe guard with in the constitution allows the Senate to seek the peoples views in a referendum if the Government won't"

"Regardless of a Senator’s views for or against the new treaty it is important for the Senate to ensure that the people have their say".

Reference of Bills to the People

Article 27

This Article applies to any Bill, other than a Bill expressed to be a Bill containing a proposal for the amendment of this Constitution, which shall have been deemed, by virtue of Article 23 hereof, to have been passed by both Houses of the Oireachtas.

1.    A majority of the members of Seanad Éireann and not less than one-third of the members of Dáil Éireann may by a joint petition addressed to the President by them under this Article request the President to decline to sign and promulgate as a law any Bill to which this article applies on the ground that the Bill contains a proposal of such national importance that the will of the people thereon ought to be ascertained.

2.    Every such petition shall be in writing and shall be signed by the petitioners whose signatures shall be verified in the manner prescribed by law.

3.    Every such petition shall contain a statement of the particular ground or grounds on which the request is based, and shall be presented to the President not later than four days after the date on which the Bill shall have been deemed to have been passed by both Houses of the Oireachtas.

4.    1° Upon receipt of a petition addressed to him under this Article, the President shall forthwith consider such petition and shall, after consultation with the Council of State, pronounce his decision thereon not later than ten days after the date on which the Bill to which such petition relates shall have been deemed to have been passed by both Houses of the Oireachtas.

2° If the Bill or any provision thereof is or has been referred to the Supreme Court under Article 26 of this Constitution, it shall not be obligatory on the President to consider the petition unless or until the Supreme Court has pronounced a decision on such reference to the effect that the said Bill or the said provision thereof is not repugnant to this Constitution or to any provision thereof, and, if a decision to that effect is pronounced by the Supreme Court, it shall not be obligatory on the President to pronounce his decision on the petition before the expiration of six days after the day on which the decision of the Supreme Court to the effect aforesaid is pronounced.

5.    1° In every case in which the President decides that a Bill the subject of a petition under this Article contains a proposal of such national importance that the will of the people thereon ought to be ascertained, he shall inform the Taoiseach and the Chairman of each House of the Oireachtas accordingly in writing under his hand and Seal and shall decline to sign and promulgate such Bill as a law unless and until the proposal shall have been approved either

i by the people at a Referendum in accordance with the provisions of section 2 of Article 47 of this Constitution within a period of eighteen months from the date of the President’s decision, or

ii by a resolution of Dáil Éireann passed within the said period after a dissolution and re-assembly of Dáil Éireann.

2° Whenever a proposal contained in a Bill the subject of a petition under this Article shall have been approved either by the people or by a resolution of Dáil Éireann in accordance with the foregoing provisions of this section, such Bill shall as soon as may be after such approval be presented to the President for his signature and promulgation by him as a law and the President shall thereupon sign the Bill and duly promulgate it as a law.

6.    In every case in which the President decides that a Bill the subject of a petition under this Article does not contain a proposal of such national importance that the will of the people thereon ought to be ascertained, he shall inform the Taoiseach and the Chairman of each House of the Oireachtas accordingly in writing under his hand and Seal, and such Bill shall be signed by the President not later than eleven days after the date on which the Bill shall have been deemed to have been passed by both Houses of the Oireachtas and shall be duly promulgated by him as a law.

 

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3.25 Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved."

Last Updated ( Monday, 30 January 2012 09:44 )
 

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