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Dublin: 11 °C Wednesday 22 May, 2013

Aaron McKenna: The Constitution is ours – so why aren’t we writing it?

Real people power would look very different to this fiction of engagement.

Aaron McKenna

THE GOVERNMENT FINALLY found someone to hold the ceremonial gavel at the Constitutional Convention this week in Tom Arnold, the CEO of Concern Worldwide. The Convention, which was due to kick off this month, has had to be delayed because it seems very few credible individuals were available to waste a year of their professional life on this nearly pointless exercise.

Our Constitution is 75 years old and in clear need of a refresh to bring it up to date and to help fix some of the very clearly broken aspects of our Irish state. Trust in politics is low, government performance has been woeful and the citizens of this country have been feeling unable to do anything about it.

The idea of a constitutional convention, floated by Labour in opposition, is sound: Give the people the power to reshape the state through a document that is owned by no politician or office holder, but by all the people of this country combined. Naturally when they got to government, Labour and Fine Gael toned down their aspirational talk of people power to the more prosaic form of a narrowly focused, non-binding talking shop.

Weighty issues

They threw in a decent issue into the mix in the form of same-sex marriage, mainly so that they could deflect any flak from core religious voters and blame inevitable change on someone else. The other weighty issues that the convention will consider as it sits in NAMA repossessed hotels around the country include reducing the Presidential term to 5 years from 7; giving citizens outside the state a vote in the Presidential election; reducing the voting age to 17; and removing some of the sillier words that we ignore in every day life, such as those about a woman’s role in the home or about blasphemy.

On their own merits these are fine issues to consider, but that they make up the remit of this non-binding, 100 person committee is a laugh. The Chairman of this Commission will basically enjoy a year of drinking tea with every group in civil society that has an hour to spare, nodding their heads in agreement at how terrible this is or how important that is; and producing very little friction for actual change.

At best, the Convention will produce some recommendations that even the brain trust in government could figure out by themselves; and at worst anything controversial will go onto a shelf in that bunker under Leinster House where they keep these things to collect dust.

Watered-down

The idea that politicians would dangle the prospect of a proper constitutional convention to seek reform of Bunreacht na hÉireann and then come up with this sort of a weak and watered-down proposition is insulting. It’s our constitution and it’s our country, and the bureaucrats and politicos of Dublin 2 would rather we didn’t have a meaningful say in the formation and running of either.

What we ought to have is a proper constitutional convention that goes back to scratch and that includes all of the people of this nation. Lets go round the country and invite everyone forward to participate in citizens assembles to discuss and put forward proposals for change. Collate the proposals, use smaller groups – like our polling company chosen Constitutional Convention today – to distill them and draft proper articles for amending or creating a new constitution.

Most importantly of all, this should not be a process of producing non-binding suggestions for the government and apparatchik controlled Oireachtas to put forward or shelve. This should be a process by the people, for the people. After all, if we really want change to our opaque state, to force governments to open up to our scrutiny and to lock up the corrupt elements that emerge from time to time we shouldn’t allow politicians a veto on proposals.

Flung from office

Along the way we can have at the suppressed debates around the role of religion in the state; civil liberties; social issues of quite some controversy and discuss what shape we really want our government to take. For fun, and I daresay a key reason why politicians are so afraid to give us the power, we’d probably near universally insert a few paragraphs about how we’d like corrupt officials jailed and incompetent ones flung from office.

The constitution is 75 years old, so a process of consultation followed by voting over several years would not be inappropriate for figuring out how we’d like to be governed. It would be a grand exercise in delivering democracy into the hands of the people.

Those who prefer laws and governing structures managed by faceless bureaucrats behind closed doors will tell you that it’s too large, too unwieldy a process to manage. Citizens assembles put together in other democracies, and trialled in talking shop format for We the Citizens here at home, prove that it can work.

The planned Constitutional Assembly was born of opposition political parties recognising the anger, feeling of helplessness and desire for change among the people. Now they’re in government and have drunk the Kool Aid we’re getting a hollow piece of lip service. After everything that the Irish people have had to bear in the past five years to atone for the sins of a poorly managed state, I think we deserve better.

Aaron McKenna is a businessman and a columnist for TheJournal.ie. He is also involved in activism in his local area. You can find out more about him at aaronmckenna.com or follow him on Twitter @aaronmckenna.

Read: More columns from Aaron McKenna on TheJournal.ie>

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Comments (24 Comments)

  • A crowdsourced Constitution Convention instead of the trivial amendments we’re being allowed to scribble on a post-it and stick to the door of Leinster house? Good with me.

    I hope that’s the sound of you agreeing to help organize it. You can count on my support and help.

    Reply
  • Well composed … I wonder just how many people in power will read same ? If only justice was imposed on those who had a hand in the destruction of our economy etc… If Only…

    Reply
    • John you hit the nail on the head.

      I was about to write that what we really require is a review of the outdated underlying constitution of our economic model. Its not ‘..those who had a hand..’, its the received dogmatic wisdom of oxymoronic ‘free’ markets(when I was a kid that was the Woolworth’s counter).

      Its feudal baronial property privileges are anachronistic and need serious revision for the 21st century. Trouble is its a global model, and its inherent logic of cyclic wars seems to be escalating towards round III of the Great Game Dubya Dubya solution. If thats too cryptic you can spell it WW III.

      Our constitution actually makes considerable provision for the general welfare, and the trumping of private property by the public good, but our entrenched legal tories have always elevated the sacredness of private property uber alles and used the legalese of their profession as adroitly as Matnooth has its liturgy for self-preservation and promotion.
      This anomaly leads to an ongoing polarisation of wealth/poverty at all levels, and is unsustainable for the age we have entered and the multiple crises galloping down the track.

      Reply
  • Gret reading Aaron but we can only wish to live in a just and fair society ,i would love to see corrupt tds bankers and judges get jail

    Reply
    • Why stop at bankers, TDs & judges?
      Put all corrupt people in jail, including those who buy dodgy diesel, cigarettes & DVDs.
      Lock up tax evaders, people doing nixers & those who employ them.
      Jail time should be mandatory for people pulling sickies, as well as those claiming invalidity when there is nothing wrong with them.
      The sooner we face up to the fact that corruption is endemic in every level of Irish society the sooner we might start to do something about it.
      Simply pointing the finger at one group, however deserving, wont solve the problem.

      Reply
  • David 27/10/12 #

    We have only one right in this country now and that is the right to survive because that’s what the majority of us are trying to do. Pigs will fly to the moon before this Government effect constructive and moral change. Dare I say it but our elected representatives are behaving more like English Landlords than purveyors of a stable future for this country. It is not and never will be financially of interest for them to see our Constitution changed.

    Reply
    • ‘..behaving more like English Landlords..’.

      Well yes, it is the same system they implement. Its not the actors, or even the directors, its the SCRIPT that they all follow without asking is there maybe a better play we could produce. It was know as the Manchester School of laissez-faire economics when it was advocating do-nothingism during our 1840’s famines. It has mutated into neo-liberal Chicago Boys economics under the Milton Freidman’s post-war roll-back of post-Depression reforms.

      Get a copy of Michel Chossudovsky’s ‘The Globalisation of Poverty, Impacts of IMF and World Bank Reforms’ for detailed breakdown. Or Naomi Klein’s ‘Shock Doctrine’ for a very readable outline of the gig.

      Reply
  • It’s now the time to scrap our failed Republic and start out on the formation of our 2nd Republic. To coincide with our emergence from the Bailout would be opportune timing and might give our people a feeling of ownership of a new Ireland. I thing pigs will fly first and our longing for a new start will not be delivered by the current lot.

    Reply
  • I agree in principle. But, how do you go about replacing the government in power (and the constitution) with an alternative? Surely the self-serving politicians would see it coming and we would be branded as being “out to plot or overthrow the government” and be locked up?
    Hop did Iceland do it?

    Reply
  • The constitutional convention is a good idea. If only for the fact that it’s establishment is an acknowledgement that the existing constitution is defective and in need of repair. It’s good to talk yet the conversation has to start somehow. Hopefully this time out a draft of a new constitution, if one ever appears, will not be presented personally to the Vatican for review as was the case with the existing constitution.

    Reply
  • Our constitution has been taken out of its frame and been used to wipe the corrupt bottoms of our so called leaders and their buddies abroad.

    Reply
  • Aaron’s comments are very correct. This is a sham compared to the promise made. This should be a binding convention with all citizens being encouraged and indeed asked for their input.
    Many issues such as the Swiss referendum style of government should be up for debate. Also a mandatory clause in any new or reworked constitution forbidding the Government of the day taking over the private gambling debts of failed private sector entities but allowing the government to seize and operate such entities on a going concern basis with the legacy debts remaining where they belong with the gamblers who lost.

    Reply
    • Excellent points John.
      Direct democracy appears to have served Switzerland well and would appear to be direction that Iceland is now headed.
      Direct democracy provisions were included in the Irish Free State constitution (under articles 47, 48 and 50), but were successfully removed by the FF government on enacting the 1937 constitution.
      These provisions, similar to switzerland’s, would have allowed the populace the opportunity to void legislation that does not serve their interest and, also, to have individual politicans removed from Leinster House.

      Reply
  • Simples, swap the Irish Constitution for the new Icelandic one. It’ll save a Kings ransom on the usual fees from committees, constitutional lawyers etc. It never ceases to amaze me how change can be so slow thanks to the gravy train of vested interests of everybody but those that would benefit from the change.

    Reply
    • Thats the UNWRITTEN constitution, Morgan.a.k.a the stupid economy and its oxymoronic claim to being ‘free’.

      It is free to be controlled by the white-collar financial instrumentalists in the Wall St/Frankfurt/City of London orchestra.

      And when those bundled sub-prime, split-derivative maestros strike up their concertos, the jigs and the reels are on.

      More crack on the cistern that the Leinster House Perpetual Fiddle Fleadh.

      Reply
  • Not sure what you are actually proposing but it comes across as very long winded .
    Do I get the jist that you want all citizens in the country consulted individually on what they would like in a constitution

    Reply
  • Puerile, content free rant. However, the point that we should crowd source an entirely new constitution is a good one. Iceland has just completed this process.

    While our own constitutional convention is hamstrung and diverted into issues (such as same sex marriages, blasphemy and housewives) that have no place in a constitution, there is nothing to prevent a genuine Constitutional Convention of the People crowd sourcing an alternative and deal with the real problem of how we elect public representatives. I, for Ne would be up to help organise it.

    Reply
  • Why don’t we start our own Convention, can the journal organise it and charge per head to cover the venue. We the people, why not and lets get honest people with genuine interest in this Country!

    Reply
  • We need a real constitution for a real republic. The total seperation of church and state. Equal rights and responsabilities for all citizens. An easing of the freedom of information act and total transperency with regards to pensions and severence payments to all public servants .

    Reply
  • I hope your brave country will de-louse your constitution by removing the provisions that give the Vatican veto power over your civil laws. Your Holy Mother the Church needs rehab, retraining, and a re-do, in a rest home. The history of the world has been the battle between superstition and intelligence, and guess which one has been in charge of your educational system all these decades.
    Good luck to you, Erie.

    Reply
  • I agree with the theory about getting all the people’s input and the fact the current review looks like an ineffective talking shop…..but I do wonder about minorities , when you start only deciding everything by what the majority wants that doesn’t always mean a fairer society , for example many rights ( gay rights etc ) had to fought for years through the courts because it was only being demanded by the 5% of people etc so I’d just be a bit cautious if majority rule thinking , that said I like the Iceland comparison and I think we could and should reform our country quicker and more thoroughly than at present.

    Reply
  • Makes absolute sense, in fact I understood that was the way it was going to be. We would all get a say in the proposed review. Aw well I guess that was pretty naive of me.

    Reply
  • Good question.

    De to the fact that the government were going to pass the children’s referendum anyway without a vote until they were told that it is only up to the people if they want to change the constitution.

    It’s no wonder the government are trying to convince people that this is a good thing,

    Governments promises = vested interests

    If this referendum is passed it will take away the family as head of state, and who ja think will be gunning for that position?

    Also if they cared about our children why have they cut money from them each year for the last four years, when this so called “debt” is DEFINITELY not theirs.

    http://www.change.org/petitions/supporting-the-irish-nation-step-down-from-government

    Reply

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