Death penalty to be subject of referendum

The abolition of the references to the death penalty contained in the Constitution will be included in a new referendum being proposed by the Minister for Justice, Mr O'Donoghue.

The Minister for Justice, Mr John O'Donoghue.

The proposed referendum, to be finalised in a Bill currently being prepared by the Department of Justice, will also prohibit the re-introduction of the death penalty under any circumstances, even in time of war, Mr John O'Donoghue said.

The last execution in the State was in 1954 and capital punishment was banned ten years later, except in cases of treason, the murder of members of the security forces or Government, or certain military offences.

A spokesman from the Department of Justice said: "A referendum on the issue will be held at the same time as there is a referendum on the ratification of the Treaty of Nice.

"The government has no specific date in mind but it may be at the end of May. It will probably be announced soon."

Mr O'Donoghue said the All-Party Oireachtas Committee on the Constitution recommended that these Articles be deleted, a move which has now been approved by the Government.

"If, as the Government believes, the death penalty is wrong in all circumstances then it is only proper that this should be reflected in our Constitution," said Mr O'Donoghue.

The referendum will seek to abolish Articles 13.6, 28.3.3 and 40.4.5 of the Constitution, which lay out the guidelines for granting pardons to those sentenced to the death penalty and the use of the death penalty for national security during times of war.

He said that the move reflected Ireland's signing of the European Convention on Human Rights, which abolished the death penalty except in times of war, and also the Optional UN International covenant on Civil and Political Rights, which outlaws the death penalty even in time of war.

His comments came as he announced the new Criminal Justice Bill 2001, which is intended to clarify the Minister for Justice's powers to grant temporary release to prisoners.

Mr O'Donoghue said that this Bill will provide a "clearer and more transparent basis as well as the necessary safeguards required for the operation of the system of temporary release".