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power to compel

Referendum re-run to boost committee powers non-starter, say Govt sources but SF would 'think about it'

In 2011, the electorate voted down a referendum to give Oireachtas committees the power to compel witnesses to attend their meetings.

SINN FÉIN’S MARY Lou McDonald has said her party “would have to think about” whether it would consider a re-run of the 2011 referendum on boosting Oireachtas committee powers. 

Though she did not rule it out, McDonald said in such a consideration, she would have to be sure that it would be passed by the public. 

In 2011, the Fine Gael and Labour coalition government proposed to amend the Constitution to give Oireachtas committees the power to compel witnesses to attend their meetings. 

However, the referendum was defeated by 53.3% to 46.7%, halting any move to bolster the committee’s powers. 

90238823_90238823 The 'No to the 30th Amendment' campaign in 2011 argued, if passed, it would be possible that the good name of a person could be tarnished by an Oireachtas Committee. Mark Stedman / Photocall Ireland Mark Stedman / Photocall Ireland / Photocall Ireland

The RTÉ scandal and the refusal of some people to attend Oireachtas committee meetings, in particular, the former director general Dee Forbes, has raised questions about the compellability powers the committee’s hold. 

Chair of the Oireachtas media committee and Fianna Fáil TD Niamh Smyth appealed to Forbes, RTÉ’s former director of strategy Rory Coveney and former chair of the board Moya Doherty to appear before the committee last week. 

Smyth later stated that the committee is seeking legal advice on compelling the former management and have asked the clerk of the committee to see what powers are in place to do so. She said there are difficulties in the process as sick notes have been provided.

In 2011, Brendan Howlin – the Minister for Public Expenditure and Reform at the time who was tasked with getting the referendum passed – suggested to reporters that it would not necessarily be the last we hear of the issue, which now appears to be the case. 

However, government sources have ruled out any consideration of a referendum re-run on the issue, with senior sources telling The Journal that on mature reflection, they believe the electorate made the correct decision in voting it down 13 years ago. 

While there had been some speculation in 2017 that the government might put the question to the people again, senior sources state that it is now their view that politicians are not the right people to make objective findings of fact about individuals, adding that there would be a high risk of a possible miscarriage of justice in some cases. 

Committee system ‘extremely invaluable’ 

When asked if Sinn Féin would be in favour of a re-run of the referendum on committee powers, if they were in power, McDonald told The Journal that in 2011, her party supported the constitutional change. 

“We would have to think about that. I think the committee system is so important, extremely invaluable. I think it can be strengthened. But we would need to think carefully about how we would do that. And if –if – you were to go at this again, you would have to be sure that you got the checks and balances correct so that it could enjoy public confidence. That didn’t happen last time,” she said. 

McDonald said Sinn Féin put down two amendments to the wording of the 2011 referendum, one of which was accepted by government, however, she added that the holding of the referendum “was a rush job”.

“I think it was a pity that voices weren’t listened to, it could have been calibrated better and might have had a better chance of success,” she said. 

The Sinn Féin leader said, with the fallout of the RTÉ controversy, there is a big question now around how they can be more effective. 

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