Martin Browne (Tipperary, Sinn Fein) | Oireachtas source

Next is No. P00022/23, requesting a referral to the Supreme Court of the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022. The petitioner, Mr. Stephen J. Delaney asks that the President of Ireland, Mr. Michael D. Higgins, when asked by the Houses of the Oireachtas to sign into law the aforementioned Bill or any variation of same, would immediately refer it to the Supreme Court under Article 26.1. The petitioner alleges that alleges that this is due to clear and obvious repugnancy to Article 40.6.1° of the Irish Constitution.

The case manager wrote to the Department of Justice on this. In its reply, the Department states that under Articles 20 to 27 of Bunreacht na hÉireann, all new legislation is proposed in the Oireachtas and both Houses must consider it and can amend it before it is passed. This process of proposal, consideration and amendment by elected representatives is how the will of the people is expressed in legislation. Bunreacht na hÉireann sets out what happens to legislation after it has been passed by both Houses of the Oireachtas. In light of the constitutional separation of powers and the independence of the Office of the President, it is not appropriate for the Department to comment on the matter raised in the petition. The Secretary General would like to assure the petitioner that the Office of the Attorney General was closely consulted throughout the legislative development of the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 to ensure the draft provisions are fully compliant with Irish law. Bunreacht na hÉireann is the fundamental basis for the Irish legal system and no difficulties were highlighted with respect to the constitutionality of the Bill.

The committee recommends that the correspondence from the Department be forwarded to the petitioner for reply within 14 days. Is that agreed?