Monday 31 August 2009

Power to the People

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Declaration of Independence by Thomas Jefferson, 1776

No Does Not Mean No

As we keep discovering, “No Does Not Mean No” when it comes to Irish referendum. Now more than ever with NAMA and Lisbon 2 on the horizon the sovereign people of Ireland should really have a say in the outcome of their collective futures.

Basically, the government has shown a refusal to accept Irish referendum outcome decisions if they aren’t what the government (ruling party) wants. To strengthen Irish Democracy and since all constitutional powers come from the people, so beautifully stated by Thomas Jefferson above, what needs to happen, is that the power to schedule a referendum must be taken away from the Oireachtas and given back to the people. Like Swiss Direct Democracy, the only referendum trigger should be a Constitutional amendment or an issue initiative for referendum caused by achieving a predefined signature threshold. The government should never have the power to schedule referendums. This power should always be reserved for the people as a final decision and outcome on any political decision made by our public service representatives.

Articles 47 & 48 (See Complete Text Below)

You might know that the people of Ireland previously did have Direct Democratic powers in the original 1922 constitution. In this constitution, Articles 47 & 48 gave the sovereign people of Ireland the power to initiate referendum. In the same document, Article 50 gave the Oireachtas the power to amend the constitution if the newly amended constitution is put up for a referendum vote within 8 years. In 1928 the Irish Democracy was severely weakened when the presiding Oireachtas amended the constitution by removing Articles 47 & 48. This one act ended the people’s right to initiate referendum as a way to have a final say in the political decision making process. Political decision making was now solely in the domain of the Oireachtas without interference from the people. In response 96,000 outraged voters signed a petition in protest. Knowing that the Amended Constitution would be defeated, in 1929 the Oireachtas ignored the petition and used their Article 50 amendment powers to extend the 8 year deadline to 16 years. Finally in 1937, after most people had forgotten what had been done, the Irish people approved the amended constitution by referendum. For more info on the Irish Constitution check out: http://en.wikipedia.org/wiki/Constitution_of_the_Irish_Free_State

The Lisbon Treaty also Self Amending (See Complete Text Below)

We think that Article 48 in the Lisbon Treaty sets up similar amendment powers for the European Council & Commission. This means that once they get the power to self-amend, they then have the power to amend the treaties to give themselves more power. Just like the Oireachtas removing Articles 47 & 48 and extending the deadline another 16 years. I’m not sure I would want to give so much power to a group of individuals who so easily ignore the will of the Dutch, French and Irish people. Stay tuned. http://www.europesaysno.org/guide_to_lisbon.html#s3c

Today we have still have referendum rights, however, what we have is a consultative referendum, a ghost of Articles 47 & 48. Referendums can be re-scheduled as many times as needed to get the answer the government wants. Most folks think this as anti-democratic, it is, however, the Oireachtas can legally do this because they have the constitutional power to do so.

I would like to see NAMA and Lisbon 2 defeated. I hope that the government is unable to keep the coalition intact before the votes on these 2 acts. I feel that the Irish people should have the final say on the outcome of a referendum. I think all of the “No Campaigns” should craft a strategy and clear message to change the public debate and resulting narrative to reinstate Articles 47 & 48 of the original Irish Constitution. We would want to transfer the power to schedule referendum away from the government and give it back to the sovereign Irish people. Let’s be clear, to prevent further abuse the government should not have the power to schedule a referendum. If successful, then and only then will second referendums be a thing of the past.
We are not against a united Europe. We all want a Europe that’s more Democratic. Let's strengthen Irish democracy first before going ahead with any more treaties. The only way forward is for the people of Ireland to have the final say on referendums. If this were to happen, then the interest of the common people of Ireland which is the same as the common people of Europe could be a powerful counter balance to the EU Commission and Council of Ministers envision. Ireland could then set the example and lead the way to a more democratic Europe.

Complete Text Articles 47 & 48

CONSTITUTION OF THE IRISH FREE STATE (SAORSTÁT EIREANN) ACT, 1922

AN ACT TO ENACT A CONSTITUTION FOR THE IRISH FREE STATE (SAORSTÁT EIREANN) AND FOR IMPLEMENTING THE TREATY BETWEEN GREAT BRITAIN AND IRELAND SIGNED AT LONDON ON THE 6TH DAY OF DECEMBER, 1921.

Article 47. Any Bill passed or deemed to have been passed by both Houses may be suspended for a period of ninety days on the written demand of two-fifths of the members of Dáil Eireann or of a majority of the members of Seanad Eireann presented to the President of the Executive Council not later than seven days from the day on which such Bill shall have been so passed or deemed to have been so passed. Such a Bill shall in accordance with regulations to be made by the Oireachtas be submitted by Referendum to the decision of the people if demanded before the expiration of the ninety days either by a resolution of Seanad Eireann assented to by three-fifths of the members of Seanad Eireann, or by a petition signed by not less than one-twentieth of the voters then on the register of voters, and the decision of the people by a majority of the votes recorded on such Referendum shall be conclusive. These provisions shall not apply to Money Bills or to such Bills as shall be declared by both Houses to be necessary for the immediate preservation of the public peace, health or safety.

Article 48. The Oireachtas may provide for the Initiation by the people of proposals for laws or constitutional amendments. Should the Oireachtas fail to make such provision within two years, it shall on the petition of not less than seventy five thousand voters on the register, of whom not more than fifteen thousand shall be voters in any one constituency, either make such provisions or submit the question to the people for decision in accordance with the ordinary regulations governing the Referendum. Any legislation passed by the Oireachtas providing for such Initiation by the people shall provide (1) that such proposals may be initiated on a petition of fifty thousand voters on the register, (2) that if the Oireachtas rejects a proposal so initiated it shall be submitted to the people for decision in accordance with the ordinary regulations governing the Referendum; and (3) that if the Oireachtas enacts a proposal so initiated, such enactment shall be subject to the provisions respecting ordinary legislation or amendments of the Constitution as the case may be.

Article 50. Amendments of this Constitution within the terms of the Scheduled Treaty may be made by the Oireachtas, but no such amendment, passed by both Houses of the Oireachtas, after the expiration of a period of eight years from the date of the coming into operation of this Constitution, shall become law, unless the same shall, after it has been passed or deemed to have been passed by the said two Houses of the Oireachtas, have been submitted to a Referendum of the people, and unless a majority of the voters on the register shall have recorded their votes on such Referendum, and either the votes of a majority of the voters on the register, or two-thirds of the votes recorded shall have been cast in favour of such amendment. Any such amendment may be made within the said period of eight years by way of ordinary legislation and as such shall be subject to the provisions of Article 47 hereof.
LISBON TREATY - Article 48 (Complete Text)

1. The Treaties may be amended in accordance with an ordinary revision procedure. They may also be amended in accordance with simplified revision procedures.

Ordinary revision procedure

2. The Government of any Member State, the European Parliament or the Commission may submit to the Council proposals for the amendment of the Treaties. These proposals may, inter alia, serve either to increase or to reduce the competences conferred on the Union in the Treaties. These proposals shall be submitted to the European Council by the Council and the national Parliaments shall be notified.

3. If the European Council, after consulting the European Parliament and the Commission, adopts by a simple majority a decision in favour of examining the proposed amendments, the President of the European Council shall convene a Convention composed of representatives of the national Parliaments, of the Heads of State or Government of the Member States, of the European Parliament and of the Commission. The European Central Bank shall also be consulted in the case of institutional changes in the monetary area. The Convention shall examine the proposals for amendments and shall adopt by consensus a recommendation to a conference of representatives of the governments of the Member States as provided for in paragraph 4.

The European Council may decide by a simple majority, after obtaining the consent of the European Parliament, not to convene a Convention should this not be justified by the extent of the proposed amendments. In the latter case, the European Council shall define the terms of reference for a conference of representatives of the governments of the Member States.

4. A conference of representatives of the governments of the Member States shall be convened by the President of the Council for the purpose of determining by common accord the amendments to be made to the Treaties.

The amendments shall enter into force after being ratified by all the Member States in accordance with their respective constitutional requirements.

5. If, two years after the signature of a treaty amending the Treaties, four fifths of the Member States have ratified it and one or more Member States have encountered difficulties in proceeding with ratification, the matter shall be referred to the European Council.

Simplified revision procedures

6. The Government of any Member State, the European Parliament or the Commission may submit to the European Council proposals for revising all or part of the provisions of Part Three of the Treaty on the Functioning of the European Union relating to the internal policies and action of the Union.

The European Council may adopt a decision amending all or part of the provisions of Part Three of the Treaty on the Functioning of the European Union. The European Council shall act by unanimity after consulting the European Parliament and the Commission, and the European Central Bank in the case of institutional changes in the monetary area. That decision shall not enter into force until it is approved by the Member States in accordance with their respective constitutional requirements.

The decision referred to in the second subparagraph shall not increase the competences conferred on the Union in the Treaties.

7. Where the Treaty on the Functioning of the European Union or Title V of this Treaty provides for the Council to act by unanimity in a given area or case, the European Council may adopt a decision authorising the Council to act by a qualified majority in that area or in that case. This subparagraph shall not apply to decisions with military implications or those in the area of defence.

Where the Treaty on the Functioning of the European Union provides for legislative acts to be adopted by the Council in accordance with a special legislative procedure, the European Council may adopt a decision allowing for the adoption of such acts in accordance with the ordinary legislative procedure.

Any initiative taken by the European Council on the basis of the first or the second subparagraph shall be notified to the national Parliaments. If a national Parliament makes known its opposition within six months of the date of such notification, the decision referred to in the first or the second subparagraph shall not be adopted. In the absence of opposition, the European Council may adopt the decision.

For the adoption of the decisions referred to in the first and second subparagraphs, the European Council shall act by unanimity after obtaining the consent of the European Parliament, which shall be given by a majority of its component members.