A NEW draft constitution to replace the 1937 Bunreacht na hÉireann would be prepared within a year of Labour entering government, the party has pledged.
A Labour policy paper on political reform published yesterday has committed the party to setting up a constitutional convention soon after taking office.
The convention would be made up of 90 people comprising 30 Oireachtas members, 30 lawyers, specialists, and academics and 30 citizens drawn randomly in the same way as a jury is selected.
“The mandate would be to review the Constitution and draft a reformed one within a year,” the paper states.
Launching New Government, Better Government, party leader Eamon Gilmore gave an undertaking that a referendum would be held as soon as possible after the new draft constitution was completed, certainly within the lifetime of the next Dáil.
“It is very important that there is a target date and timetable. These things can drag on if you do not set a deadline,” he said.
Separately, the document also committed the party for the first time to abolish Seanad Éireann.
“In our view, the case for the retention of Seanad Éireann has failed,” it states.
Party spokesman on the Constitution Brendan Howlin – the report’s main author – said it was the intention to implement all proposals in a single Dáil term.
The policy paper contains 140 recommendations on changing government, parliament, political governance, regulation and the public service.
“It will be the most radical and dramatic change since the foundation of the State,” said Mr Howlin.
The paper draws on a previous policy paper and work of the Oireachtas commission. Among the key recommendations for Dáil reform are: a 50 per cent increase in sitting days; a committee week every four weeks; a restriction on guillotines on Bills and a far more accommodating attitude to allow individual TDs to bring forward Bills.
Mr Gilmore said that if a legislative proposal has merit, the government has to be open and accommodating to it, even if it originates from an opposition TD. He said that would lead to a huge change of mindset within parliament. The significant changes mooted for the workings of government are: more direct ministerial accountability for decisions; an independent fiscal advisory council to work on overall economic projections; a stronger Freedom of Information Act; new whistleblowers’ legislation and the advice of the attorney general to be published when circumstances permit.
Labour has also called for new powers for the ceann comhairle that would allow him or her decide “whether a minister has failed to provide reasonable information in response to a question”.
The party also wants a new statutory register of lobbyists, restrictions on spending by political parties and the restriction of contributions.
On the public sector Labour wants an office of public service reform to implement changes.
The party also wants the number of management grades to be reduced, more mobility between departments and agencies and a review of all State agencies and bodies to eliminate overlap and reduce numbers.
Mr Gilmore said the rules of the Dáil were archaic and the same now as they were just after the State gained independence. Asked why there were only two references to electoral reform, Mr Howlin and Pat Rabbitte said they were not convinced about the merits of some of the alternatives being mooted, including list systems.
Mr Howlin said they had looked at a range of systems in the past year and all had drawbacks. He said some of the list systems diminished the rights of citizens to make changes and actually strengthened the control of political parties.
“I do not accept that doing work on behalf of constituents is a secret stain on the part of TDs that they should be ashamed of,” Mr Rabbitte said. “One of the strengths of the system is the relationship between constituents and . . . their TD. That’s not necessarily a bad thing.” he added.
MAIN POINTS: THE LABOUR PLAN
A 90-member convention to draft a new constitution within 12 months
Abolition of the Seanad
An Independent Electoral Commission
50 per cent increase in Dáil sitting days
System for citizens to petition Dáil
New whistleblowers’ legislation
An Independent Fiscal Advisory Council to undertake economic projections
Restrictions on contributions to parties and politicians
Spending limits on elections
Ministers to be more accountable for decisions to parliament
Comprehensive reform of the public service