Confusion prompts rise in support for death penalty

During the run-up to the referendums, not a single voice was raised in favour of retaining the death penalty, even for times …

During the run-up to the referendums, not a single voice was raised in favour of retaining the death penalty, even for times of war or national emergency. Yet the proposal to remove it from the Constitution obtained only 62.08 per cent of the vote.

A month ago, one opinion poll found only 28 per cent against removing it from the Constitution. Between then and the vote, there was no campaign whatsoever against removal. Yet the No camp rose to 37.92 per cent.

Those campaigning against the Nice Treaty and the International Criminal Court on the basis that they eroded our national sovereignty made it clear they did not support the death penalty. Even the Christian Solidarity Party, which expressed misgivings about the wording of the amendment, was quick to establish its opposition to the death penalty.

The original 28 per cent figure undoubtedly reflected a mixture of feelings on the issue - a desire for retribution for particularly shocking crimes on the part of some sections of the electorate, or a sense that it could have a deterrent effect on those contemplating such crimes.

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The additional votes were due to a number of factors. There was no campaign by the Government or the main political parties in favour of, or even explaining, the need for this referendum. The Department of Justice had one press conference, as did the Labour Party, and that was it. There was not a single poster urging people to vote for removal of the death penalty.

The ballot paper was confusing, and it was unclear whether "No" meant "no" to the death penalty or "no" to removing it from the Constitution.

But the main reason for such a high vote against this Government proposal was precisely that it, like the Nice amendment, was a Government proposal.

Mr Justice Rory O'Hanlon, one of those who campaigned successfully against the Nice referendum, said: "People were probably annoyed at three referendums being thrown at them with no opportunity to discuss them. It was a protest vote."

He probably spoke for many No voters on this issue (of which he was not one) when he said: "There was no prospect of reintroducing it. They should have left well enough alone."

It is also likely that some people who intended to vote "No" on the Nice referendum voted "No" on all three ballot papers, just to be sure.

The vote in favour of ratification of the International Criminal Court shows the impact the break-up of the former Yugoslavia and the civil war in Rwanda have had on popular consciousness.

The court will come into being when 60 states have ratified it; 32 have ratified it so far. Ireland will be the 33rd.