President Mary McAleese is tonight meeting the Council of State following her request for advice on whether to refer two major pieces of legislation to the Supreme Court.
Under Article 26 of the Constitution, the President may, after consultations with the Council of State, send any Bill to the highest court for a ruling on whether all or parts of it are “repugnant” to the Constitution.
All council members, bar one, are at the meeting. Daráine Mulvihill is unavoidably out of the country, a spokeswoman for the President said last night.
The Criminal Justice (Amendment) Bill 2009, which allows for the greater use of non-jury trials in suspected gangland criminal cases, was passed by the Dáil earlier this month.The Defamation Bill updates Ireland’s defamation law, aims to encourage quicker apologies from publishers and renews the offence of blasphemy provided for under 1960s legislation.
The council’s membership includes Taoiseach Brian Cowen, Tánaiste Mary Coughlan, Chief Justice John Murray and president of the High Court Richard Johnson. It also includes Attorney General Paul Gallagher, Ceann Comhairle John O’Donoghue and the Cathaoirleach of Seanad Éireann, Senator Pat Moylan.
Former president Mary Robinson and former taoisigh Liam Cosgrave, Garret FitzGerald, Albert Reynolds, John Bruton and Bertie Ahern, along with former chief justices Thomas Finlay and Ronan Keane, are also members.
Bar Ms Mulvihill, President McAleese’s personal nominations - Harvey Bicker, Anastasia Crickley, Mary Davis, Martin Mansergh, Enda Marren and Denis Moloney - will also attend.
