THE race to the Áras is almost at an end.
This time next week we will have a new president. But the people will also have decided on two other impor¬tant matters as well.
One re¬lates to judges’ pay and the oth¬er to powers of investigation by the Oireachtas.
While everything down to what the presidential candidates have for breakfast has been gone over in great detail, there has been very little – perhaps too little – debate about these two important amendments to the constitution.
Unfortunately, such is the hurt being experienced by everyone at present that the opportunity to insist that a judge be obliged to take the same pay cut as everyone else is something of a no-brainer. Ask anyone and they will tell you that, of course, a judge should be subjected to the same requirements as everyone else.
People don’t want to hear about the independence of the office.
All they want to know is that everyone is in the same boat and obliged to experience the same pain.
They will not be interested in the fact that judges offered an alternative method to allow for such a change to their salaries to take place. As was the problem with the last government – the PR battle has been lost.
The public perception is that judges did not want to take their share of the pain and, irrespective of what argument is put forward, no-one will persuade them otherwise. Therefore, we can look forward to a yes vote in that regard.
The next matter is the Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill. Put simply, this proposes to amend the provisions of the constitution relating to the powers the houses of the Oireachtas to conduct an inquiry into any matter stated by the house or houses concerned to be of general public importance.
Again, there are two things at work here which may cloud our judgement. First, we had a whole host of tribunals which have cost the taxpayer hundreds of millions of euro and have gone on for years.
These have made millionaires out of solicitors and barristers – or so the media tell us – and yet, all these tribunals of inquiry are telling us is what we already knew: there was corruption afoot, backhanders were being passed around, and on and on.
Second, it now appears the Oireachtas does not have the teeth to pursue negligent bankers and force them to account for their actions and to explain how they bankrupted this country.
Both may be true, but in our haste to make up for mistakes of the past, we may make another mistake which could come back to haunt us.
I wasn’t around for the McCarthy inquisition in the US back in the 1950s but that was an example of a country and legislature gone mad.
The lives of innocent people were destroyed on a whim. Some might argue that could never happen again. After the Great War came to an end, people said it could never happen again.
But it did. After the horrors of the concentration camps came to light at the end of World War II, people said it must never be allowed to happen again.
But with the likes of Gaddafi, Milosevic, Saddam Hussein, Idi Amin, Pappa Doc, Baby Doc and any number of other despots, we all know that wasn’t true.
I am not saying we have a bunch of dictators in the houses of the Oireachtas but they are politicians and – irrespective of whatever they say – one eye is always fixed on forthcoming elections and vote-getting, no matter what they say.
With legislation which allows them to conduct an inquiry into any matter they deem to be of concern to the general public, there are bound to be occasions when common sense might just be thrown out the window.
When you vote on this item in a few days’ time, remember that the houses of the Oireachtas will be able to recruit special investigators who, according to the draft bill, will have the right to go onto a premises and obtain whatever information they require.
They must get a warrant to enter a private home but, once there, they can literally do what they like. Before placing the X in whatever box you choose, make sure you weigh up all the options – and consequences.