Wise Up Journal
By Benjamin Smith-Kavanagh
The Irish Times article below explains that if the President sends the new crime bill (hailed by 133 solicitors as medieval tyranny) to the Supreme Court and they rule it is constitutional no one can ever challenge the act under the constitution. This could be used by the government as a way to stop any challenge which no doubt would take place with a bill that is so in your face police state. This is the way the constitution is setup. When a government comes along in a more advanced stage of corruption than all the other corrupt ones before it the constitution is written in a way that the government can ensure people get no protection from the constitution.
This article also highlights that opponents of the bill do not want the president to send the bill to the supreme court but rather challenge the bill in the course of a trial instead, as this could be politically embarrassing for the government. Which shows the last thing the government want is for a person arrested or put on secret trial under this bill to lawfully prove that the Irish government are the ones who broke the law.
By DEAGLÁN de BRÉADÚN
Controversial gangland Bill to be sent to President
CONTROVERSIAL PROPOSED legislation on gangland crime is likely to be sent this evening or tomorrow to President Mary McAleese who will have a week in which to decide whether to sign it into law or refer the Bill to the Supreme Court.
The Criminal Justice (Amendment) Bill is expected to pass all stages in the Seanad today, although the possibility that the debate could run into tomorrow has not been ruled out.
The President has the authority, after consultation with the Council of State, to refer the Bill to the Supreme Court to test its constitutionality.
The court is allowed up to 60 days to consider the matter.
In the event that the court deems the Bill to be in accordance with Bunreacht na hÉireann, the legislation cannot be challenged further on constitutional grounds.
Although the President is required to consult the Council of State before referring a Bill to the court, the decision on referral is a matter for her sole discretion.
Criticising the speed with which the legislation was processed in the Dáil, Fine Gael justice spokesman Charles Flanagan TD said yesterday: “The debate was curtailed: only one-third of the Bill was discussed. That was a bad day’s work.
It is understood some opponents of the Bill would prefer if it was not referred by the President and that a constitutional challenge would be brought before the Supreme Court in the course of a trial instead, although this could be politically embarrassing for the Government.
The 22 members of the Council of State include Taoiseach Brian Cowen; Tánaiste Mary Coughlan; the Chief Justice, Mr Justice Murray; former president Mary Robinson and former taoisigh Garret FitzGerald, Liam Cosgrave, Albert Reynolds, John Bruton and Bertie Ahern; and seven presidential appointees.
Following the expected completion of report and final stages of the Bill in the Seanad, it will go to the Bills Office of the Oireachtas for final proofreading before being sent to the Department of the Taoiseach for delivery to Áras an Uachtaráin.
If enacted, the Criminal Justice (Amendment) Bill will make it illegal to direct or participate in the activities of a criminal gang.
It will also limit the right to trial by jury, so that suspects charged with certain offences are automatically sent to the Special Criminal Court.
A letter from 133 criminal lawyers to The Irish Times said it was “astounding” that society would jettison ancient rights under the new legislation.