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Irish Independent
5 days ago
- Politics
- Irish Independent
Irish Constitution ‘not fit for purpose' in 21st century, claims Labour leader amid calls for radical rewrite
Speaking today at the MacGill Summer School in Glenties, Donegal, at an event focused upon the Constitution, Ivana Bacik TD, Leader of the Labour Party and Party Spokesperson on Northern Ireland, called for a radical re-write of the Constitutional text. Deputy Bacik said as, it approaches the 90th anniversary of the Constitution, it is clear to see it has atrophied. She said it is time for a radical rewrite and indeed, a degenderising approach. 'When this was drafted, there was a special place for a particular religious, now that has been removed happily but we still see doctrinal teaching so influential in the text. 'We still have those religious references. 'We see religion denominating throughout and that is a key reason why we need the radical rewrite and a key reason to say yes, the text is atrophied, and it is no longer fit for purpose in a 21st century secular, polarised republic. 'This is not the constitution of the Republic; nowhere within it is the word republic mentioned,' said Deputy Bacik. Deputy Bacik said in a written constitution, nothing is symbolic, and every word and phrase is of more than symbolic importance and value. 'This is our fundamental legal text and the foundation text of the State. If we were to say, what would it matter to change the word 'he' in the presidential article to the word 'he or she' or even dare I say, just the word she, would that matter? 'It would matter. It would matter to judges who are called upon to interpret the constitution and it helps to shape what the Supreme Court has called the constitutional identity of the state. 'It helps to shape the way we as legislators in the Oireachtas frame our laws. 'It will help the President whether to refers bills to the Supreme Court. 'I think language matters and no language in the Constitution is purely symbolic,' said Deputy Bacik. Attorney General Rossa Fanning SC he is not a politician and is on a 'controversy free diet' but he said every constitution is a product of the time and place of the people who drafted it. He referred to the Third Amendment of the Federal Constitution of the United States which protects American citizens from being compelled to quarter soldiers in private residents. 'It is a provision that has not been subject of a single constitutional case, not a single decision of a Federal Court in 250 years and if you come to that in 2025, you would have no understanding as to why it is there at all. 'It looks like an anachronism. 'But off course you would have to go back to the timing of it immediately after the civil war to understand why it was through to be relevant at the time. 'When looking at a constitution, you might often find what is thought to be historical artefacts that do not have any current resonances but were important to drafters at the time,' said Mr Fanning. Mr Fanning said as the people of Ireland remain sovereign, it is relevantly easy to amend the Irish Constitution and since 1937, it has been amended on more than 30 occasions. 'You can take a view on what Ivana said, and you might strongly agree with it. The people remain sovereign to the extent that there is a political wish to amend any element of the Irish Constitution, a bill to amend the Constitution can be passed by both houses of the Oireachtas, and put to the people by way of plebiscite and by way of simple majority vote, the Constitution can be amended. 'So, in that sense, our constitution is a more dynamic instrument than it is given credit too,' said Mr Fanning. Prof David Kenny said there is a fairly robust amendment process in place to change the Irish Constitution and in Global terms, it is at a medium level of difficulty. Professor Kenny said he believes the referendum process does limit what amendments are proposed. 'We do have a hurdle. We have to go out and we have to ask the people. 'As Rossa was saying, one of the principles of the constitution, as Éamon de Valera put it, is that people are the masters. 'So while it is definitely possible to amend the Constitution, the referendum process does limit what we propose in practice. 'Why? Because it is hard to explain constitutional changes. It is hard to discuss what we need to do when we amend the preamble. 'If we put in new symbolic language, we would have to have a broad national discussion and a vote on what that symbolism was going to be. 'And for reasons, I would struggle to fully explain, successive Irish governments have been wary of purely symbolic changes to the constitution. 'When we propose a change, as we did say last year with the family and carer amendments, people are very keen to say there might be important symbolism here but we are also making important legal changes that are going to have a concrete legal affects 'We very rarely say here is a constitutional change that is just about better vibes. 'We probably done that once in the 1970s when we removed the special position of the Catholic Church; one of those clauses that was particularly sectarian and had no legal effect and it was a symbolic removal of a symbolic provision. 'Other than that we have been reluctant to engage in changes in constitutional symbolism and we have been changing bits of the constitution in an accelerated way. '30 of the 40 referendums we have had have taken place since 1991 and the pace of change has been accelerating but we have not said we need to rethink some of the structure and the symbolic language. 'Instead, we focus on discreet changes where we can say we need to change that power and add that right and legalise same sex marriage. 'These are all really important, but we have not been willing to embrace the symbolic question on the constitutional discourse,' said Professor Kenny.
Irish Independent
09-07-2025
- Politics
- Irish Independent
Taoiseach says Government determined to make religious orders pay compensation over abuse in schools
He made the pledge a day after Education Minister Helen McEntee set up a new Commission of Investigation - this time into sexual abuse in secondary schools, both lay and religious. It follows a scoping inquiry which heard 2,395 allegations of historical sexual abuse in day and boarding schools run by religious orders, involving 884 alleged abusers in 308 schools across all areas of the country. Micheál Martin said accounting and structuring issues - which often put assets, cash and property beyond reach - are being examined "in considerable detail'. The Attorney General is also scrutinising legal levers, "with a view to enabling Government to have the powers ultimately to deal with those particular mechanisms," he said. These could be used "to make sure that we can ensure that financial capacity is retained in the country and made available to provide compensation," Mr Martin said, answering Labour leader Ivana Bacik. In the late 1990s, the State had amended the Statute of Limitations on a related issue, "but more is needed, and hat's acknowledged," he said. "Some of the accounts in the scoping inquiry were quite horrific, but many survivors ere very clear that they wanted those who were responsible to be accountable and to contribute,' he said. Ms Bacik said religious orders had for years been carrying out "a perfectly legal practice of transferring their assets and their property'. She said it was "the developer's wife syndrome", that puts assets out of reach, "and it's not acceptable." As of last September, religious orders have paid only 16pc of institutional redress costs that were owed, she said. ADVERTISEMENT "We know the money is there. Religious orders involved in historic abuse, sold more than 75 properties worth a total of over €90 million since 2016,' Ms Bacik said. "We know these orders and their associated trusts own vast quantities of property and assets around the State." Ms McEntee has meanwhile pledged that the new schools sex abuse inquiry will not involve endless extensions and runaway costs. "I do believe we are learning," the Minister said, when asked about the Farrelly report into the Grace case, which is set to top a taxpayer cost of €20 million and which ran to eight years with repeated extensions - only to deliver a report of 2,000 pages, with no executive summary, as Minister Norma Foley had requested. Ms McEntee claimed that religious orders would contribute to the vital element of redress - despite the failure of religious orders to live up to their responsibilities for a quarter of a century now. She offered no ceiling for compensation payments, or any minimums for church contributions, but said the Government would be looking to identify assets held by religious organisations. The minister was vague, however, about forcing redress, declining to refer to sequestration or seizure of assets - which the Attorney General has been asked to study by Ms Foley. She said only that the Attorney General had been involved in drawing up the terms of reference and guidance - which sets a limit of five years for the project, with a requirement for an interim report after two years. Mr Justice Michael McGrath will chair the commission. Ms McEntee said she wanted to thank every single survivor for their bravery in coming forward, acknowledging the late Mark Ryan and his brother David, "who were absolutely instrumental." The findings of the scoping inquiry were "nothing short of devastating," she said. "What is clear is that survivors want accountability. "They deserve accountability, and that is why I am announcing the establishment of a Commission for Investigation." The inquiry will begin this work "in the coming months," she said, beginning with a survey of survivors that will be oriented towards their needs. The chair will be assisted by two commissioners who will look at the handling of sex abuse claims in both religious and State schools, while engaging with survivors. The latter taking of evidence will be "anonymised, non-adversaral and with no cross-examiniation," the Minister insisted, adding that it would involve a sampling approach. The terms of reference were set out "to ensure that we do not go over time", she said, but the redress would be a "significant amount," she said. Ms McEntee added: "We are talking in the tens of millions."
The Journal
08-07-2025
- Business
- The Journal
Families facing 'impossible decisions' in the face of rising costs, Dáil told
FAMILIES ARE FACING 'impossible decisions' in the face of rising costs, the Dáil has heard, after a report today has said that 40% of parents have skipped meals or ate less in order to have enough food for their children. During Leaders' Questions in the Dáil today, TDs repeatedly cited the report by poverty charity Barnardo's, which surveyed 1,000 parents and guardians with children aged under 18 in their care in May this year. Its findings painted a stark image of how families are managing to maintain their lives while being faced with increased food costs, higher energy bills and the rising cost of living. Labour leader Ivana Bacik and Social Democrats TD Cian O'Callaghan today asked how the government was going to tackle increasing grocery prices, and called for the coalition to support measures for supermarkets to publish their annual accounts . Bacik said that families are facing 'impossible decisions' over the cost of food , energy and other household bills. She said that it is 'starkly highlighted' in the charity's report. Advertisement The Journal / YouTube One in five (19%) of families had to cut back to go without food over the past six months, while two in five parents said that they skipped meals or had smaller portions to ensure their children had enough to eat, according to the survey. Younger parents, larger families, and lone parents struggled significantly more financially and were often forced to make further cuts, Barnardo's said. 'All this is in the backdrop of threatened tariffs by [US President] Donald Trump,' Bacik said. 'We know the international context is precarious. But, here at home, it is precarious too.' The Dublin Bay South TD claimed that higher costs have been impacted further by 'underinvestment' in public services in recent years, such as water, social and affordable housing and energy infrastructure. Responding to the questions, Martin said the Irish government were 'probably' the only administration in the EU to provide mass cost-of-living measures to the extent that Ireland did in recent budgets. He listed a number of examples of these measures, including once-off energy credits and cost-cutting measures for school books, supplies, exams and fees. Related Reads Calls in Dáil for supermarkets to publish their profits as price of groceries soar 'I'm genuinely afraid when I get to the till': Our readers on how food price rises affect them Consumer watchdog needs powers to 'interrogate' supermarkets over high grocery prices, TD says The Fianna Fáil leader said that there was no 'credibility' to Bacik's claim regarding public service investment and asserted that recent reports show that government's record in the provision of civic amenities has proven worthwhile. O'Callaghan said 'government actually has to act' on promises for grocery price controls and asked Taoiseach Micheál Martin how government were going to help low-income families in the face of high grocery costs. 'Taoiseach, you told the Dáil a few minutes ago that you will always prioritise the child that is left behind,' O'Callaghan said. 'What about these children?' Martin said that he found it 'very interesting' that opposition parties are in favour of universal supports, rather than targeted measures for those suffering the most, and outlined that the government intends to do the latter in the upcoming budget. The Taoiseach also rejected claims by O'Callaghan that the government does not have the 'political guts' to demand that supermarkets publish their balance sheets to the public over concerns that prices are being hiked without reason. Martin said the Competitions and Consumer Protection Commission is determined, with the Government, to tackle alleged 'price-gouging', but must do so in an 'evidence based' way. Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
The Journal
25-06-2025
- Politics
- The Journal
Ivana Bacik holds up meme of bald baby JD Vance in the Dáil
A MEME OF US Vice President JD Vance depicted as a baby was held up in the Dáil today by Labour leader Ivana Bacik. Bacik used the prop to illustrate her frustration at the United States' recent clampdown on international visas, including the popular J1 visa used by Irish students. Earlier this week, the US announced that future applicants looking to visit the country will be required to divulge 'all social media usernames or handles of every platform they have used from the last five years' on their visa application form. They are also required to set their social media profiles to public. Bacik told the Dáil today that this is a 'major incursion on the freedom of expression'. 'Each year, thousands of young Irish people work in the US on J1 visas. I've done it myself, I had a very happy summer in Boston many years ago. And generally it's a very positive experience. 'But things have changed drastically under US President Trump with the recent authoritarian announcement that students would have to hand over social media accounts. 'We're watching a major incursion on the freedom of expression, unthinkable in an electoral democracy. 'This week, a young Norwegian tourist detained by ICE at the airport was sent back to Oslo. Why? He had this meme on his phone minister,' Bacik said as she held up a sheet of paper. Bacik described the meme as amusing. 'A meme depicting Vice President JD Vance as a baby. I mean, extraordinary. Extraordinary that a young person with this amusing meme on their phone, depicting a public person, that this would be used as an excuse to detain him for five hours and then deport him back to Oslo.' Advertisement Bacik said she welcomed Tánaiste Simon Harris's promise this week to raise the J1 visa issue with the US Ambassador to Ireland , but asked what Justice Minister Jim O'Callaghan (who has responsibility for issuing visas in Ireland) will do to reassure young people travelling to the United States. In response, O'Callaghan said there is 'very little' he can do about the US immigration system. 'Like I'm trying to put rules on the Irish immigration system, I can't control the US immigration system,' he said. O'Callaghan looked somewhat dejected while he listened to the Labour leader. O'Callaghan added that he thinks the new rules imposed by the US are 'regrettable' and he welcomed the criticism of the decision by both the Taoiseach and Tánaiste. Norweigan tourist The Norwegian tourist Bacik referred to claimed he was denied entry to the US because of the meme of Vance on his phone. The story was first reported by Norwegian newspaper Nordlys on Monday, and then picked up by the Daily Mail on Tuesday. The tourist, Mads Mikkelsen, claimed he was threatened with a $5,000 fine or five years in prison if he refused to provide the password to his mobile device, which he did. Mikkelsen claimed he was sent home to Norway after authorities discovered the Vance meme on his phone. However, the US Customs and Border Protection has since stated that the tourist was denied entry because of his 'admitted drug use'. In a post on X, the organisation said it was not for any memes or political reasons. Fact Check: FALSE Mads Mikkelsen was not denied entry for any memes or political reasons, it was for his admitted drug use. — CBP (@CBP) June 24, 2025 Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
Irish Independent
25-06-2025
- Politics
- Irish Independent
Dáil shown meme depicting bald JD Vance as new US J1 visa social media rules described as ‘unthinkable'
Labour leader Ivana Bacik displayed the manipulated image of Mr Vance during questions on legislation in the Dáil on Tuesday, after reports that a 21 year old was sent back to Oslo after the image was found on his phone. It comes as changes to the rules around J1 student visas now require applicants to have the social media accounts set to public, so that US authorities can examine the accounts. The decision was described as 'excessive' by Taoiseach Micheál Martin and Tánaiste Simon Harris said he will raise the issue with the new US ambassador to Ireland. Ms Bacik told Justice Minister Jim O'Callaghan that the new rules were a 'major incursion on freedom of expression', 'Generally [a J1 trip is] a very positive experience, but things have changed drastically under US President Trump, with the recent authoritarian announcement that students would have to hand over social media accounts,' Ms Bacik told the Dáil. 'We're watching a major incursion on freedom of expression, unthinkable in a western democracy. This week, a young Norwegian tourist was detained by ICE at New York airport and sent back to Oslo. Why? he had this meme on his phone, minister,' she added, before presenting a print out of the fake image. In response to a question on what he will do to reassure young people applying for visas to the US, Mr O'Callaghan said the rules were 'regrettable'. 'There's very little I can do about the US immigration system. I'm trying to put rules in the Irish immigration system, I can't control the US immigration system,' Mr O'Callaghan told the Dáil. 'I think it is regrettable that these new measures are being introduced by the United States,' he added. While the minister said that the Government would address the concerns with US authorities, he said he believed many people would continue to go on J1 visas into the future. 'I welcome the fact that the Tánaiste and the Taoiseach have indicated that they think it's inappropriate,' Mr O'Callaghan said. 'We'll mention it with the US authorities. Hundreds of thousands, probably millions, of Irish people have a great time on J1 visas. They're still doing it this year. They've done it in the past and I think it'll continue into the future,' he added.
