I don’t usually do blog posts on rumours but there’s an awful lot of whispering going on regarding the President calling a meeting of Council of State and sending the Civil Partnership Bill to the Supreme Court to test it’s constitutionality. Early this afternoon the phone and the gchat started going from people in all the best places. Politicians were putting long weekend plans on hold, Senior Counsel on standby for August, that sort of thing.
The whispers came from three different sources and Panti has been hearing them too. The President received the bill on Wednesday evening. And must sign it by next Wednesday and can’t sign it until Monday. (Can’t sign it until after 5 days but not more than 7 days) Panti has been finding out more since and explains all the bits and pieces – we’ll know very soon what is happening anyway.
Could be doing it in order to copperfasten it – if an Act has been deemed constitutional by the Supreme Court, it can’t be challenged in the Supreme Court.
Probably better for them to examine it without a contentious niche issue in front of them – more likely to be approved.
I’d heard talk about this possibility too but the counter suggestion is that Mary McAleese isn’t and hasn’t been previously inclined to test stuff in the Supreme Court unless there is something concrete to test it against. Like an immediate application for a civil partnership and that’s not likely until early Spring after the associated tax measures are passed and such like have gone through the Oireachtas.
I think it is combination of fearmongering by opponents and last minute worries by supporters.
CIVIL PARTNERHIP – THE WHOLE ENCHILADA?
Well its in her discretion and lets await her decision. Looking at her form I am confident she will make a sensible and reasonable decision.
In relation to the start date of Civil Partnership it is interesting to note that Argentina (the former dictatorship) which legalised not just civil partnership but same sex marriage (with adoption rights – the whole enchilada so to speak) in July AFTER US is having its first same sex marriage on August 13th, yes August 13th THIS YEAR leaving old Ireland well behind as usual.
Why do we accept flannel from politicians about progress instead of results.
Its Civil Rights stupid!
While I do see the tactical advantage of seeking a SC assessment (to copperfasten the legislation), I am a bit worried about the silence re: signature and the implications. There could be a minefield ahead…
Someone on Panti’s blog suggested the SC could inform her that certain part of the Bill (i.e. cohabitation) was not constitutional but CP was, and that the Bill could be enacted with the Civil Partnership but not the Cohabitation element… Kelly (on the Constitution) states that if sections of a Bill are repugnant to the Constitution they may be struck down and then (I think) the “remainder” of the Bill, if the yucky bit CAN BE EXCISED, will be signed into law.
Also – and Poodle pointed this out to me just now – under Article 27 of the Constitution… a Bill may be referred to the PEOPLE by the President for consideration. (He doesn’t think that this has ever been done)…Wouldn’t that be fun children?
@SeanR: “oodle pointed this out to me just now – under Article 27 of the Constitution… a Bill may be referred to the PEOPLE by the President for consideration“.
Not on her own initiative.
Article 27 (1) reads:
“A majority of the members of Seanad Éireann and not less than one-third of the members of Dáil Éireann may by a joint petition addressed to the President by them under this Article request the President to decline to sign and promulgate as a law any Bill to which this article applies on the ground that the Bill contains a proposal of such national importance that the will of the people thereon ought to be ascertained.”
And 27(3) sets a time limit that appears to have passed:
“Every such petition shall contain a statement of the particular ground or grounds on which the request is based, and shall be presented to the President not later than four days after the date on which the Bill shall have been deemed to have been passed by both Houses of the Oireachtas.”
[See: http://www.taoiseach.gov.ie/upload/static/256.htm]
Thanks for the clarification Tipster, another reason for not allowing social scientists to “do” law! Suspect we’ll know more tomorrow on what McAleese is up to.
Is everyone too polite to point out what leanings the unelected prez may have in relation to the bill?
I think there are two possibilities for referring it:
(1) To prevent Coir or others from taking a future challenge and legally “undoing” any civil partnerships registered under it;
(2) Because the part of it that deals with “Certain Rights and Obligations of Cohabitants” may be dodgy when seen against the property rights in the Constitution.
Herself in the ?ras is sound on lgb rights, and would be unlikely to refer it to the judges in order to get it struck down for the “Civil Partnership” bit. [That said, I don't know if she thinks any of those provisions might be unconstitutional.]
She signed it this morning!
http://www.pantibar.com/blog.aspx?pageno=1&tag=&month=
Cheers to MP and Panti for the updates on this:)