Rreferendum on Oireachtas Investigative Inquiry 2011

This policy proposes to give the Houses of the Oireachtas (the Dáil and Seanad) power to conduct inquiries into matters considered to be of general public importance and make public findings, about any person’s conduct.

At present, Bunreacht na hÉireann, gives no such powers to the Houses of the Oireachtas. According to the referendum commission, the proposed change to the Constitution would mean that:

• The Dáil and the Seanad, either separately or together, would have the power to conduct an inquiry into any matter that either or both consider to be a matter of general public importance. Legislation would be required to be introduced to set out the details of how such inquiries would take place.

• When conducting any such inquiry, either or both Houses would have the power to inquire into the conduct of any person and the power to make relevant findings about that person’s conduct.

• The Dáil and/or the Seanad would have the power to determine the appropriate balance between the rights of people involved in any such inquiry and the requirements of the public interest. When doing so, they would be obliged to have regard to the principles of fair procedures. These principles have been established by the Constitution and by the Courts

[http://www.referendum2011.ie]

The rationale put forward by the government for this policy change dates back to the case of Maguire v Ardagh more commonly known as the Abbylara case. In 2000 during a siege at a house in Abbylara County Longford, an armed and alleged, mentally ill John Carty was shot and killed by An Garda Siochana.

The Gardai involved were compelled to appear before a sub-committee of the houses of the Oireachtas to investigate findings that individual Gardai were reasonable for the death of John Carty. Procedures laid down for the hearing limited those individual’s rights to cross examine witnesses. The Gardai