The Twenty-second Amendment of the Constitution Bill, 2001 was an unenacted
bill
Bill(s) may refer to:
Common meanings
* Banknote, paper cash (especially in the United States)
* Bill (law), a proposed law put before a legislature
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* Bill, a bird or animal's beak
Plac ...
introduced by the
government of the 28th Dáil
The Government of the 28th Dáil or the 25th Government of Ireland (26 June 1997 – 6 June 2002) was the government of Ireland formed after the 1997 general election which had been held on 6 June 1997. It was a minority coalition government ...
to
amend the
Constitution of Ireland
The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democra ...
, to establish a body for the investigation of
judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
s, and to alter the procedure for the
removal of judges.
The impetus for the bill was the "
Philip Sheedy Affair
The Philip Sheedy affair was an Irish political and judicial controversy which resulted in the resignation of both a Supreme Court and High Court judge.
Background
Philip Sheedy, an architect, was involved in a road traffic accident in March 199 ...
". Sheedy's 1997 prison sentence was remitted in an irregular manner in 1998 by one judge after intervention from another judge acquainted with Sheedy's sister. The media broke the story in 1999 and the government responded to the controversy by asking the
Chief Justice to make a report, which criticised the conduct of both judges, who each resigned after initially stating they would not. The ad-hoc nature of the investigation and the voluntary nature of the sanctions were considered unsatisfactory. In 2000, a report into the affair by the Committee on Court Practice and Procedure declined to make recommendations regarding practice and procedure in criminal courts, because of "serious issue of a constitutional nature relating to the
separation of powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
".
The bill was published on 27 March 2001, the same day as bills for amendments numbered
21,
23, and
24.
The government wanted to expedite passage of all four bills through the
Oireachtas
The Oireachtas (, ), sometimes referred to as Oireachtas Éireann, is the Bicameralism, bicameral parliament of Republic of Ireland, Ireland. The Oireachtas consists of:
*The President of Ireland
*The bicameralism, two houses of the Oireachtas ...
to have simultaneous
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
s on 7 June, before the summer holidays. The Twenty-second Amendment bill passed its
second reading
A reading of a bill is a stage of debate on the bill held by a general body of a legislature.
In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming ...
on 1 May 2001, and the
committee stage
In the United Kingdom an act of Parliament is primary legislation passed by the Parliament of the United Kingdom.
An act of Parliament can be enforced in all four of the UK constituent countries (England, Scotland, Wales and Northern Irelan ...
was scheduled for the following day. Overnight, the
Minister for Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
Lists of current ministries of justice
Named "Ministry"
* Ministry of Justice (Abkhazia)
* Ministry of Justice (Afghanistan)
* Ministry of Just ...
John O'Donoghue tabled 14 amendments to the Bill, a procedure which the Opposition condemned as cavalier; in the absence of cross-party support the government withdrew the Bill from the Order Paper. It lapsed when the 28th Dáil dissolved. The Twenty-third Amendment passed at referendum; there is therefore a gap in the numbering since there is no Twenty-second Amendment to the Constitution.
In 2010, the Government announced the Judicial Council Bill 2010, which aims to address the same issues without amending the Constitution.
See also
*
Brian Curtin
Brian Curtin (b. 1951/52) is a former barrister and Irish circuit court judge, who was tried for possessing images of child pornography. After the case collapsed, the question of whether Curtin could continue as a judge became the focus of politi ...
, judge whose removal was discussed in 2002–06
References
External links
*
Full text of the Constitution of Ireland
{{Amendments of the Constitution of Ireland
2001 in Irish law
2001 in Irish politics
22
22
Impeachment
June 2001 events in Europe