Referendum to Amend the Constitution in Relation to the Abolition of the Death Penalty

Submissions Invited
Referendum Commission

The Referendum Commission comprising, Mr Justice T. A. Finlay, Chairman, former Chief Justice of the Supreme Court, the Ombudsman, the Clerk of the Dáil, the Clerk of the Seanad and the Comptroller and Auditor General has been established as an independent statutory body under the Referendum Act, 1998.

The core functions of the Referendum Commission are to prepare statements explaining the proposed amendments to the Constitution, to prepare statements setting out the arguments for and against the proposed amendments, to facilitate debate and discussion on such matters and to do so in a manner which is fair to all interests concerned. In preparing statements on the arguments for and against the proposed amendments the Commission will have regard to any submission made to it.

As a first step in this process, the Commission requests individuals and organisations, who wish to express their views on the proposed amendment in relation to the abolition of the death penalty, to forward submissions to the Commission at the address provided below. Submissions should be as brief as possible and must be confined solely to the subject matter of the proposed amendment of the Constitution in relation to the abolition of the death penalty.
Submissions must be received by the Commission by 17:30 on Tuesday, May 22nd, 2001. Having regard to the time constraints under which the Commission is required to discharge its functions, submissions received after that date cannot be accepted.

Proposed Constitutional Amendment

A referendum will be held on June 7th, 2001 on a proposal to make the following amendments to Articles 13, 15, 28 and 40 of the Constitution -

In Article 13.6, to delete ",except in capital cases,";

In Article 15.5, to insert the following subsection :

"2oThe Oireachtas shall not enact any law providing for the imposition of the death penalty.";

In Article 28.3.3o, to insert "other than Article 15.5.2o" after "Constitution";

In Article 40.4, to delete subsection 5o .

Article 13.6 of the Constitution provides that the right of pardon and the power to commute or remit punishment are vested in the President but such power of commutation or remission may, except in capital cases, also be conferred by law on other authorities.

Article 28.3.3 of the Constitution provides that nothing in the Constitution shall be invoked to invalidate any law passed by the Oireachtas which is expressed to be for the purpose of securing the public safety and the preservation of the State in time of war or armed rebellion. The proposed addition to Article 15.5 would prohibit, absolutely and in all circumstances, any law permitting the imposition of the death penalty.

Subsection 5o of Article 40.4 of the Constitution is part of the Habeus Corpus provisions of the Constitution and provides that where an order is made by the High Court "to produce the body in Court" of a person who has been sentenced to death the High Court shall order the sentence of death to be postponed until the lawfulness of the prisoner's detention has been determined, and if his or her detention is deemed lawful the Court shall appoint a new date for the execution.

The effect of the proposed amendments is to remove existing references in the Constitution to the death penalty and to introduce a new provision prohibiting the enactment of any law permitting the imposition of the death penalty.

Submissions Invited

The Case for the Amendment

Please send your submission in favour of the proposed amendment, in writing or by electronic mail, to :
Abolition of Death Penalty - Pro Amendment,
c/o Referendum Commission,
18 Lower Leeson Street,
Dublin 2.

Tel:- (01) 6395695
Fax: - (01) 6395684

E-mail: refcom@ombudsman.irlgov.ieSubmissions Invited

The Case against the Amendment

Please send your submission against the proposed amendment, in writing or by electronic mail, to :
Abolition of Death Penalty - Anti Amendment,
c/o Referendum Commission,
18 Lower Leeson Street,
Dublin 2

Tel:- (01) 6395695
Fax: - (01) 6395684

E-mail: refcom@ombudsman.irlgov.ie