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Amendment on Oireachtas inquiries is defeated

Brendan Howlin, right, speaks to Joe Costello today at Dublin Castle.
Brendan Howlin, right, speaks to Joe Costello today at Dublin Castle.
Image: Niall Carson/PA Wire

THE RESULT OF the referendum on extending powers to Oireachtas committees to hold inquiries has been defeated.

The returning officer at the National Count Centre in Dublin Castle has just announced the following figures for the referendum on the 30th Amendment to the Constitution:

  • Total of votes cast – 1,785,208
  • Total spoiled votes – 45,025
  • Total valid votes – 1,740,183
  • Votes in favour/ ‘Yes’ - 812,008 (46.7%)
  • Votes against/ ‘No’ - 982,175 (53.3%)

Earlier today, Brendan Howlin – the Minister for Public Expenditure and Reform – suggested to reporters at Dublin Castle that this won’t necessarily be the last we hear of the issue.

He said that “if it is defeated, we’re going to have to think again about how we’re going to get our reform agenda back on track”.

The minister said that the referendums – the one on judicial pay passed earlier this evening by a majority of one million votes - had been lost in the “backdrop of controversy” surrounding the Presidential election. He also said that the public clearly had an “appetite for reform” as evidence by the change of Government in the February general election and he would continue to pursue reforms in the Constitution and in law.

As with the judicial pay enquiry, there was a large number of spoiled votes: 45,025 in this case. (There were 37,696 spoiled in the judicial pay poll.)

More people voted in the Presidential election than did in the judicial pay referendum or in the Oireachtas inquiries referendum.

From Referendum.ie:

Howlin hints that if Committee amendment doesn’t pass… it won’t be the end of it>

Referendum on judges’ pay is passed with huge majority>

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Comments (77 Comments)

  • Eire 29/10/11 #
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    Democracy Works ? We’ll see…… Fine Gael well & truly stuffed! Labour denied a hat trick! I’m Heading down to the Kings Inn for a few pints with cloak & wig in hand I hear the Champaign is flowing at the Bar !

    Reply
    • Brian Kelleher 29/10/11 #
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      Well if this was passed and you were hauled up in front of an Oireachtas committee of Michael Lowrys and Berties and Jackie Healy-Raes that made findings of fact against you without the availability of judicial review, I doubt you’d still be rabbiting on with your anti-lawyer, class war rhetoric. The cloak and the wig are no longer worn, by the way.

    • Ryan Allen 29/10/11 #
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      @ Brian Kelleher: Yes there are Jackie Healy Rae and Lowry types, but there are also Bernard Allen, Shane Ross and John McGuinness types who push(ed) the limited powers of the committees to attempt to bring ministers, public servants and others to account.

    • Donncha Foley 29/10/11 #
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      @ryan – Shane Ross was calling for a no vote. Keep up

    • Ryan Allen 29/10/11 #
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      @ Donncha: Indeed he was, but I was referring to the good investigate work he has done on the committees as they stand at the moment.

    • Brian Kelleher 29/10/11 #
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      @Ryan

      Yeah that’s all well and good but when as far as law-making is concerned you have to make it Gombeen-proof essentially. The fact that good TD’s exist doesn’t cancel out the existence of the Healy-Raes etc.

      I’d rather spend millions on tribunals than compromise the rights of any individual, personally.

    • David Walls 29/10/11 #
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      It’s Shampain!!

    • Ryan Allen 30/10/11 #
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      @ Brian: I can’t honestly see a way in which you can “gombeen-proof” lawmaking unless you prevent certain types of people from running for the Dail, which isn’t exactly democratic is it? Whether we care to acknowledge it or not, the likes of Healy-Rae and Lowry represent a certain part of Irish society – they represent the type of person who enjoy having a clientelism style relationship with their TD.

      Likewise the fact that bad TD’s exist doesn’t cancel out the existence of the good ones. And if a second referendum was put before the people with a provision allowing the courts to determine if people’s rights were being infringed upon, they I would guess that it would get greater support.

  • Stephen Kearon 29/10/11 #
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    so we won’t get Alan Shatter enquiring into the activities of Gerry Adams now?

    Reply
    • Eire 29/10/11 #
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      McCarty type of witch hunt kangaroo courts No Thanks! & for your information Sinn Fein supported the defeated referendum for the life of me I don’t know why ? Unless in ten years when they eventually go into a coalition they could use the legislation to get some of those Stickies still left in Labour to answer where is the Official IRA guns & when did they leave the Official IRA Sinn Fein Workers Party Democratic Left Labour …..Best to leave all this to the Courts if it still matters

    • Brian Kelleher 29/10/11 #
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      @Eire

      Hang on there, weren’t you in favour of letting the Oireachtas control judges’ pay? Yet now you’re saying “No thanks!” to “kangaroo courts”?

      ….

    • Cian Devane 30/10/11 #
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      and sinn fein were in favour of this amendment

  • Report this comment

    They went for a power grab and fail.

    I don’t mind them investigating, I don’t even mind them making findings of fact, but deciding what constituted fair procedure was a bridge too far.

    Great result, turns out that the electorate were paying attention after all.

    Reply
  • Niall Browne 29/10/11 #
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    I’m delighted with that result, very little coverage of d referendums due to the election, we are in danger of becoming a Nanny state,voters are not stupid, government and the media should of given the referendums the respect they deserved by holding a series of debates on the subjects and not solely focusing on the race for the aras, a position that holds very little influence in the great scheme of things

    Reply
    • Ballyer Rules 29/10/11 #
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      I have no problem with the politicians calling me before an inquiry if they feel it necessary. Actually i would welcome an opportunity to speak my mind. however I dare say there are a lot of people who would be terrified of the thought and they are smiling tonight along with the lawyers and barristers for whom tribunals are a gravy train.

    • BJ 30/10/11 #
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      That’s not the point. I don’t see why ANY member of the public needs to be accountable to politicians for their lawful actions. The courts are place to judge the conduct of citizens.

    • David Conroy 30/10/11 #
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      Politicians are accountable to the people, not vice versa. To remove power from the (formerly) independent arm of the judiciary is a gombeen’s charter. This amendment was fast-tracked through, with the presidential soap-opera as distraction for the don’t-knows.

      I’d love to see certain people hauled up before reputable inquiries, but this was an affront to our constitution and to democracy.

  • Huey 29/10/11 #
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    Sorry folks, that wasn’t the right answer. Prepare for a scare campaign and another vote

    Reply
  • Story bud 29/10/11 #
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    Back to the drawing board lads.

    Reply
    • conoraleckelly 29/10/11 #
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      Back to the drawing board all right. If it was passed it would have been very good in the hands of an honest Fine Gael politician like Michael Noonan. But in the hands of dodgey FF politicians like Charlie and Bertie it would be bad.

    • Dave Morrissey 30/10/11 #
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      Is that the same Michael Noonan who last week said that the Keane report would help families ‘break free from the shackles of debt’ but who also said in the same breath that some families would have to lose their homes?

      The same Michael Noonan who while in opposition was hammering the government for their incompetence and for ignoring the wishes of the electorate and who is doing the very same things now he’s in their place?

      The same Michael Noonan who was all for burning the bondholders 12 months ago but did a u-turn just a few weeks ago?

      Should I go on or do you get the picture?

  • Paul Fitzgerald 29/10/11 #
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    Why do we have to have repeated referendum until the “right” result is achieved?

    Democracy my arse.

    Reply
    • Ryan Allen 29/10/11 #
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      Many people, including the former AG’s, felt this amendment gave too much power to the Oireachtas.

      If the Government come back with a differently worded proposal, which contains a provision for appeal to the courts and the checks and balances that Dave refers to, then that is a fundamentally different proposition to put before the people. It’s not the same as Lisbon or Nice because the same proposition was more or less put to the people twice.

      By your logic we shouldn’t have had multiple divorce referendums/referenda!

    • Hanly Sheelagh 29/10/11 #
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      Because the government knows we are very good little people who ALWAYS do what we are told and give them the correct answer in the end!!! We are pathetic!

    • Donncha Foley 29/10/11 #
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      @ryan, now you’re talking’! I would like to see more power of inquiry for oireachtas, but more watertight language used to define its powers. We have said no to this amendment, if a new better phrased amendment is proposed, its a whole new ball game.

    • David Conroy 30/10/11 #
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      Ryan, it’s referendums in the case of balloting the same issue. Different issues to be balloted would be referenda. Like we had this time.

      And Paul, we will have repeated referendums until we learn not to cave in the second time.

  • Eoin Sheehy 29/10/11 #
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    Good news, however I’m fuming at the thought of another referendum on it, we have made our opinion clear!

    Reply
    • Donncha Foley 29/10/11 #
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      Not really, what is ‘our’ opinion? Does the no vote mean ‘never’ or ‘do better and we’ll think about it’. There are many different motivations for the no vote, yours, while valid, is just one of them. Well done to all those who bothered to find out what the referendums were about and who voted.

    • Roddie Cleere 30/10/11 #
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      Agreed. It’s Lisbon all over again. They will keep going till they’ve got the ‘yes’ result

  • Conan Brady 29/10/11 #
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    OK…so they bundle in in with the Presidential election in the hope that the unwashed masses will vote it in while they’re voting for whoever. Then when it’s voted down they complain that it was ‘lost in the “backdrop of controversy” surrounding the Presidential election.’ Riiiight. You hoped to sneak this by with minimal public debate and it backfired.

    How about next time you want to change our constitution to give the government more power you hold the referendum a little apart from the biggest electoral circus in the calendar? Am I the only person waiting for reform of the Seanad and that stupid blasphemy law by the way?

    Reply
  • Adam Magari 29/10/11 #
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    An unfortunate result. Would have resulted in the gravy train for the legal profession coming to an abrupt halt. Maybe most of those against believe that barristers are entitled to one million per year on state tribunals. As a ratepayer, employer and taxpayer, I have a problem I disagree. Every time the Irish bailout hits the EU headlines, excessive legal cost are often cited as mystifying the Germans and the rest. Perhaps, the Troika needs to withdraw money to bring people to their senses, Agree the Howlin made a botch of his arguments in favour. Very depressing.

    Reply
    • Eire 29/10/11 #
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      Maybe the Court of public opinion i.e those of us who voted No! Just don’t trust Politicians!

  • Patrick Devereau 29/10/11 #
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    Victory for scare mongering and conspiracy theorists. Bring on more big fees for tribunals and bankers going unchallenged. Missed opportunity this.. No more complaining about tribunals and scot free bankers. Future Klan type lynchings and Joan of Arc style bonfires just in time for Halloween were not behind this referendum. A future gov led by Darth Vader’s boss might have abused the power but then that’s hardly likely.

    Reply
  • Collie Woods 29/10/11 #
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    Does the country realise 99.9% of them will never be called in front of a dail committee. So even if it was going to be uneven slanted heavily in favour of the committee so what. It has no bearing in relation to 99.9% of the population. And if someone was hung out to dry it would only be an insider from one camp or another.

    Reply
    • Sean 29/10/11 #
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      We voted that no ones righs should be violated atany point in the future ever, the last inquiry had a garda in front of it, he prob didnt think hed be in the .1% either

    • Donncha Foley 29/10/11 #
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      Wow well done, you really have thought this through. ‘it may be unfair but because I’m not affected, I don’t care…’ Take a bow.

  • Jonathan O Neill 29/10/11 #
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    Utter filth thats all they are!!!!

    Reply
  • 29/10/11 #
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    do i stutter m

    Reply
  • Derek Durkin 29/10/11 #
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    This amendment to the consitution was never about the banks, it is all about the future opposition 2 the government that will grow in the many harsh years ahead in this country. Simple as that.

    Reply
  • Damien Murray 29/10/11 #
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    Referendum on Oireacthas committee’s powers was defeated because the Irish people are not fools
    I was surprised that Alan Shatter (a lawyer wirh considerable ability and many years expierence) was so vocal in support of a referendum that would give any future Government the kind of inquisitional poweres which were used and abused by Gadaffi and his kind.

    Reply
  • Francis Foran 29/10/11 #
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    Howlin what an arrogant little p###k …

    Reply
  • Yosser Hughes 30/10/11 #
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    I though No meant No !!

    Reply
    • Antoinette Murphy 30/10/11 #
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      No, no means not yet, as demonstrated by the divorce referendums years back, and more recently, lisbon treaty, and I imagine in the near future, probably another referendum on abortion.

  • alan cooke 30/10/11 #
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    finally the people spoke.. now lets take it from there. and rise upwards.

    Reply
  • Réada Quinn 30/10/11 #
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    It was very close. They’re going to keep asking us until we say “ok then”. Can’t believe so many people were willing to trust them to decide what’s in the public interest on their track record. They haven’t done a great job so far!

    Reply
  • Lou Brennan 30/10/11 #
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    Dam. I reckon all those lovely dail members would have looked mighty fine in their SS uniforms.

    Reply
  • willy pearse 30/10/11 #
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    The end!!!! I don’t want a gobshite court.

    Reply
  • Paul O' Callaghan 30/10/11 #
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    Actually Brendan it is the last we want to hear of it. NO is NO. If there is another referendum over this issue it will be proof that there is no democracy in the Rep of Ireland.

    Reply
    • CMD 30/10/11 #
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      I think a lot of people voted No because they were not sure exactly what they were voting for, so when in doubt leave it out! If the wording was made clearer and independent people drafted and explained it I’d say it would pass next time. Government based committees of enquiry seem to work elsewhere so why not here. It was just the sneaky underhand way the government tried to do it that made people suspicious. Transparency my a… They are as bad as FF/PD shower.

  • Brian Lenehan 30/10/11 #
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    As said previously, many who voted No are not against the idea of members of Dáil or Seanad holding inquiries, but this wording was too far-reaching. Get Shane Ross to draft the proposal and no doubt it will pass the next time.

    My guess is we will be voting again in February, along with another EU Treaty referendum, which we will reject. We will then be barracked by government and EU, but also bribed with a promise of some minor debt write-off or restructuring (despite it not really being OUR debt in the first place), after which we will vote Yes in the re-run like the good little children we are.

    Reply
  • Des Dalton 30/10/11 #
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    So much for democracy, ‘we’ll keep asking you the same question until we get the answer we want.

    Reply
    • mike 30/10/11 #
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      Yes. There will be another Referendum and a load of scare story put out. About how we need TD’s to look into Currupt Developers, Land Deal and the Banking system. The only problen is……We cannot trust them either.

  • olive skin 30/10/11 #
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    “we have to have time to reflect on the people s vote ” why cant they just apoligise for wasting more of our money?

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  • Paul Harvey 30/10/11 #
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    Why were they so quick to push this referendum through? Still waiting for the referendum on children’s rights, how many years now?

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  • Report this comment

    Why this HUGE concern about a re-run of the Referendum? Unlike at a previous EU related referendum, a ‘re-run’ would be with a very different question. The idea behind the referendum makes a lot of sense, it was just that the amendment wording was bad and sloppy. I hope another referendum about the same idea with a proper wording will be carried out and will be passed.

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    • Brian Lenehan 30/10/11 #
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      Joerg, it’s because it shouldn’t have been put to us in the first place if it was so sloppy. Even when run along with other votes it is expensive to run each time. Most people agree in principle that the Oireachtas should have more investigative powers to remove any need for expensive tribunals, but the powers they were proposing were too over-reaching, too draconian for an elected representative to have. We do not need McCarthy-ite witch-hunts. The 30th Amendment would have given rise to such a scenario.
      We expect a reworded proposal again, and if appropriate we’ll vote in favour of it, but we should have gotten the correct wording in the first place.

  • Roddie Cleere 30/10/11 #
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    My grandfather told me many many years ago “never ever trust a politician”

    Reply
  • Antoinette Murphy 30/10/11 #
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    Glad you said that, ’cause I thought that myself and I was starting to worry that I’d voted the opposite of what I wanted to.

    Reply
  • Eanna Mulloy 30/10/11 #
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    45,025 votes deliberately spoiled.
    I make that 2.52 % of total votes cast intentionally spoiled.
    More than one of every 40 voters who made the effort to show up to vote preferred to register a protest.
    Defeated not by 53.3% but by 55.8% more or less

    Reply
    • Noel Carroll 30/10/11 #
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      45,053 idiots more like! It’s a YES/NO question. You agree, you vote yes. You have any number of problems/issues with the question, you vote NO. Anyone deliberately spoiling their ballot on this is showing off how much of a gobshite they are.

    • Brian Lenehan 30/10/11 #
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      I agree with Noel. The referendum could very easily have been passed because of the absence of those spoilt votes. What would they be proving then? When asked a Tá/Níl question you should answer Tá or Níl. Spoilt votes are grown in the bin, even if there’s an explanation written on it why you’re spoiling your vote. Nobody reads or collates them, nobody cares!

    • Brian Lenehan 30/10/11 #
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      *thrown*

  • willy pearse 30/10/11 #
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    You got the right answer first time. Don’t even think about doing a Lisbon on us. Piss off!

    Reply
  • Michelle Kenny 30/10/11 #
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    The political “elite” have always shit on the little man in every country, they get into a rage if we dont play ball and they say try again till you do it our way! But one thing we have going for us if they could just tear up our constitution and spit in our face they would so that means that they need to keep the illusion of freedom and democracy going at least for now which means we still have power to change things, it won’t be like this for long, we need to stand strong and not be bullied this time to vote again like the mockery that was Lisbon 2 , Say to them that its not democracy but cloaked dictatorship when they refuse to abide by the wishes of the people, there will be no pretence for what we want and what we would like if we keep allowing them to strip away our rights and freedoms!

    Reply
  • Michelle Kenny 30/10/11 #
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    have you noticed that most of the referendae of recent years have been to the detriment of our freedoms e.g. Nice/ Lisbon and now this one ,not to say that the legal profession is not corrupt and not a legalised robbery. this referendum i s being orchestrated by the international bankers e.u./i.m.f./e.c.b. in their attempt to erode our freedoms on their long term mission of world government and of course our spineless politicians will sell out their country again as in Lisbon, but people are beginning to wake up.

    ..

    Reply
  • Ann Rogers 30/10/11 #
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    Did they seriously think it would be passed considering people really hadnt a clue about what they were voting for in the first place ? I read and reread it a number of times but still wasnt too clear on what it was all about. I dont think last Thursday was the day for such a referendum. It should be properly teased out and there should be a full programme about it discussing the pros and cons of it before it is put to the people again….what do they say ” if in doubt say no ??!! Thats what the people did and I am glad.

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    • Damien Murray 30/10/11 #
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      The fact is that the courts of law are best qualified to conduct trials of citizens, rather than politicians or the media
      .
      The recent and blatent example was one citizen Sean Gallagher who was prosecuted tried and convicted on TV . The “conviction ” cost him the election.
      It now appears that he did not commit the “offence” he was “cnvicted” of.
      Where does that leave “Justice” irrespective of whether we like Gallagher or not.

  • Breda Murphy 30/10/11 #
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    You will find out .the vote that passed .ref the law. It was never about the pay of the law but also about taxs, workers pay ,the dole ,S/Welfare. Free/L/Aid in Family Law Cases. Penstions. I feel people need to inform them selfs ,when it comes to any changes coming from the state . in other words .fallow the money. Those B……….S are not your friends. In Fact no Gov. is a friend of the people. Ref the 1st Vote and Yes to it. All i said will writen in the Cons/of/Ireland.for the 1st.time.

    Reply

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