Wednesday, 16 October 2013

GCD FLAC: Our clinics!

Last week's clinic.

Our clinics began successfully on October 7th with huge interest from within the college. We would like to thank staff and students for their interest, our Barrister who very kindly gave his time to take part and to those members of GCD FLAC who helped on the day.

Next week's clinic.

Our next clinic will be taking place on October 21st from six pm. Any member of staff or of the student body who would like to make an appointment for next weeks clinic please e-mail us at flac@gcd.ie

How to register to vote

The register of Electors

The first stop for registering to vote in Ireland is the Register of electors. This is essentially a list of voters in each area and is compiled by each local authority such as a county council. In order to be eligible to vote, your name must be published on this list along with your address and your polling station.

The question that now arises of course is how to get your name on the register. This can be done simply by filling out an application form RFA which can be picked up from your local authority. The application form must be filled in with all details mentioned above along with your nationality and returned to your local authority. The register of electors is published each year on November 1^st.

If the details you have submitted to be recorded on the register change, or indeed if another name needs to be added to the register for example if another member of the household becomes of age to vote it is important to make this change.

This amendment process is a simple one and is completed by filling out another application form; form RFA1. The form can be acquired from your local post office, library or local authority and it is the latter to which the completed form must be returned. It is important to note also that any amendments or additions to the register can only be done up until the 25^th of November each year.

Furthermore it is worthy to point out that if it is your home address that has changed it is important to submit not only your new address on the application form but also to reiterate your old address so that you can be removed from the register in your prior area of address. The amended register is published on February 1^st every year and comes into force on February 15^th.

All is not lost however even if your name is not on the register of electors by February 15^th it is still possible to make an application to be included in a supplement to the register by means of a form RFA2.

This application can be made at any time, however if wish for the supplement to be used at an election your completed application form RFA2 must be submitted to your local authority not less than 15 working days prior to polling day. An RFA3 application form becomes applicable where one wants to be included on the supplement due to a change of address. Completion of this form will also ensure that you are removed from your previous voting area.

Two versions of the register of electors are published each year. These include the full register and the edited register. The former can be used only for electoral or other statutory purposes. The latter however can be used for other purposes for example for direct marketing use. Your details can only be used in such a manner however if one has so indicated on their registration form. If you do not wish for your details to be used it is imperative that you tick the “opt out” box provided on the registration form. If this box is not ticked it will be assumed that your details are to be included on the edited register.

Who can Vote?

Eligibility to vote depends on the type of citizenship you have. Irish citizens are essentially free from any restrictions and can vote in every election; local, European and indeed any referendum. EU citizens can vote at European and local elections no matter what country they are living are in.

If however you are an EU citizen who is not either Irish or British and you were not previously registered to vote in past European elections in Ireland then you will be required to fill in an application form for the right to so vote. Essentially this form is more of a declaration and is called a form EP1. It is available from your local authority, library and or post office but it is the former only to which it can be returned on completion. This form will ensure that double voting does not occur and furthermore will register you to vote in the constituency in which you are now living. The local authority will also inform the member state from which you came.

Eligibility for inclusion on the register

Two main requirements must be satisfied in order to be eligible to be included on the register of electors:

You must be 18 years of age by the day the register comes into force
You must also have been ordinarily resident in the state on September 1^st in the year preceding the coming into force of the register

Important for students

If you are a student living away from home then you have a choice as to where you wish to be registered, that is your home address or the address of your student accommodation. It is important to note that you can only be registered to vote at one address and you must be living at this address on September 1^st before the register comes into force.

The Postal Vote: how it works and who is eligible?

Those who can vote by means of the postal vote are a small category of persons. These include:

· An Irish diplomat or his/her spouse posted abroad

· A member of the Gardaí

· Whole time member of the Defence Forces

However if there are special circumstances preventing you from attending the postal office then you may be granted eligibility for the postal vote. Such special circumstances include:

· If you are suffering from a physical illness or have a physical disability which prevents you from attending

· If you are a student studying in an educational institution in Ireland which is away from the address where you are registered to vote

· If you are in prison as a result of a court order and as such cannot get access to the polling station

If you wish to be included on the Postal Voters List then you must fill out the relevant application form which is available from your local authority, library or post office.

It is important to note here that there is a deadline by which you must have applied for inclusion on the postal voters list and this is November 25^th. Furthermore if you are granted eligibility to vote by means of the postal vote then you can no longer vote at a polling station.

Special Voters List

Along with the Postal Voters List there too exists the Special Voters List. This is applicable to those who are resident in hospitals, nursing homes and the like who wish or have to vote onsite rather than coming to the local polling station. Again inclusion on the list requires completion of an application form which is available from your local authority and must be accompanied by a medical certificate in order to be eligible.

A Special note on how to apply

Application forms for any of the above are available from your local authority, post office and library or can also be accessed online on www.checktheregister.ie however completed forms must only be returned to your local authority and none of the others.

Maeve Kelly. GCD FLAC.

Thursday, 3 October 2013

Referendum 2013 - What you should know.

Referendum 2013

On October the fourth you will be asked to vote on two referendums, one on whether or not the Seanad should be abolished and the second on whether or not a new Court of Appeal should be set up. Below we have some important information regarding the changes that might occur.

1. The Seanad

What will it mean if the bill is passed?

All articles relating exclusively to the Seanad will be removed from the Constitution. References to the “Houses of the Oireachtas” or “either House of the Oireachtas” will be replaced with Dáil Éireann.
The current Seanad will continue to function until the next general election.

What will it mean if the bill is rejected?

There will be no change to the Seanad.

What does the Seanad do at present?

The functions of the Seanad are set out in the Constitution. The main role of the Seanad is as part of the law making process.

A law begins as a Bill. A Bill must be accepted by the Dáil and by the Seanad. It is then signed by the President. Once this procedure is complete the bill (proposed law) becomes an Act.

This process of general law making starts in either the Dáil or the Seanad where a Bill is presented. Members of the houses may propose changes to the bill at this point. The Seanad does not have the power to prevent a Bill becoming an Act or to make changes to it without the agreement of the Dáil. It can however delay a Bill for up to 90 days.

If this referendum on the abolition of the Seanad is passed how will the above change?

The Oireachtas will consist of only the Dáil and the President
Where a Bill is passed by the Dáil and then signed by the President it will become law.

Money Bills

The President can refer Bills to the Supreme Court to determine whether or not they are constitutional. In the case of a Money bill this is not the case.

Essentially Money bills deal only with matters relating to public finances. Currently they start in the Dáil. The Seanad must consider these Bills but does not have the power to make changes; it can make recommendations which the Dáil may or may not accept. The Seanad does not have the power to delay Money Bills as it can with other Bills. The Seanad can question whether or not a Bill is a Money Bill.

If this referendum on the abolition of the Seanad is passed how will the above change?

The Dáil will have the final decision on whether or not a Bill is a Money Bill.

The Referral of Bills to the People:

The Constitution allows for Bills to be referred to the people for a referendum if a majority of the Seanad and not less than one third of the Dáil request the President not to sign a Bill as it contains a proposal of such national importance that the decision should be made by the people.

If this referendum on the abolition of the Seanad is passed how will it affect the Referral of Bills to the People?

This possibility of the reference of Bills to the people by the President will be removed from the Constitution.

Changes in the case of a National Emergency:

Currently: The Oireachtas has the power to pass laws to secure public safety or to preserve the State in the case of war or armed rebellion. These laws are open to a challenge in the Courts for being unconstitutional.

In the case of a war in which the State is not involved, laws may be passed provided the Dáil and the Seanad have both decided that a national emergency exists which affects key interests of the State.

If this referendum on the abolition of the Seanad is passed how will it affect the law making process in the case of a National Emergency?

In this case the Dáil will have the sole power to decide whether such a national emergency exists and to pass national emergency laws.

Approval of certain European Union (EU) proposals

Currently Ireland can adopt certain EU laws and only where advanced approval is given by both the Dáil and the Seanad.

If this referendum on the abolition of the Seanad is passed how will it affect the Approval of certain European Union (EU) proposals?

Only Dáil approval will be needed to adopt such EU laws.

Nominations for President

Currently a presidential candidate may be nominated by 20 members of the Dáil and Seanad.

If this referendum on the abolition of the Seanad is passed how will it affect Nominations for President?

Prospective presidential candidates will need nominations from only 14 members of the Dáil.

Removal of the President from office

The President may be impeached for stated misbehaviour. The process may start in either the Dáil or the Seanad. Such a proposal must be signed by a minimum of 30 members of either the Dáil or the Seanad. It can be adopted where it has the support of two-thirds of the members of the proposing House. Where it is adopted by one House, the charges are investigated by the other House. The President is removed from office where two-thirds of the members of this other House hold the charges to be valid.

If this referendum on the abolition of the Seanad is passed how will it affect the Removal of the President from office?

Impeachment of the President would be a matter solely for the Dáil. A proposal for impeachment would need the signatures of a minimum of 30 Dáil members and the adoption of such a proposal would require agreement of four-fifths of members. The Dáil would investigate the charges themselves and could decide to remove the President from office where four-fifths of Dáil members agree.

Removal of Judges from office

Currently Judges of the Supreme Court and the High Court can be removed from office for stated misbehaviour or incapacity where a majority of members present and voting in each of the houses pass such a resolution.

If this referendum is passed:

Judges could be removed in the above cases where two-thirds of the total membership of the Dáil votes in favor of such a resolution. This change would also apply to the removal of the Comptroller & Auditor General from office as the procedures are the same.

For more information the proposal to abolish Seanad Éireann can be found in the Thirty-Second Amendment of the Constitution (Abolition of Seanad Éireann) Bill 2013
http://www.oireachtas.ie/documents/bills28/bills/2013/6313/b63a13d.pdf

2. The Court of Appeal

On Friday you will be asked in the referendum on the Court of Appeal to cast a Yes or No:

On whether to establish a Court of Appeal and
On whether to change how the Supreme Court issues decisions for cases on whether or not a law is constitutional.

The Courts system

The present Courts system includes the Supreme Court, the High Court, the Circuit Court and the District Court (lowest level court) as well as the Court of Criminal Appeal. The roles of the High Court and the Supreme Court are set out in the Constitution.

How will this change if the referendum on a new Court of Appeal is passed?

A new Court, the Court of Appeal, will be established between the High Court and the Supreme Court.

Why has a new Court of Appeal been proposed?

Currently there are long delays for appeals to be heard by the Supreme Court.

The new Court of Appeal would reduce this delay and it would hear most of the appeals currently heard by the Supreme Court, almost all of the appeals from decisions of the High Court and appeals from other courts where laws are passed to allow this.

For the most part the decision made by the Court of Appeal would be final. In some cases however, there could be a further appeal to the Supreme Court and there may also be cases involving direct appeals from the High Court to the Supreme Court.

The Supreme Court will hear appeals from the Court of Appeal where it considers that the decision involves a matter of public importance or the interests of justice require it.

The Supreme Court will hear appeals that come directly from the High Court if it considers there to be exceptional circumstances which call for such an appeal to it. In such a case the decision must involve a matter of general public importance and/or the interests of justice require it.

The referendum on the Court of Appeal also proposes a change to how the Supreme Court issues decisions in certain cases.

The “one judgment” rule

At present there must be at least five judges of the Supreme Court sitting when a decision is being made on constitutionality of a law. The Constitution currently states that this decision of must be given by one judge. As a result it is unknown whether any of the other judges disagree with the decision and their reason for doing so.