Sixteenth Amendment of the Constitution of Ireland
The Sixteenth Amendment of the Constitution Act 1996 (previously bill no. 49 of 1996) is an amendment of the Constitution of Ireland which provides that a court can refuse bail to a suspect where it feared that while at liberty they would commit a serious criminal offence. It was approved by referendum on 28 November 1996 and signed into law on 12 December of the same year.
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To provide that a court could refuse bail in certain circumstances | ||||||||||||||||||||||
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Background
In People (AG) v O'Callaghan (1966), the Supreme Court had ruled that the provisions of Article 40.4, which guarantees personal liberty and the principle of habeas corpus, meant that an individual charged with a crime could only be refused bail if they were likely to flee or to interfere with witnesses or evidence.
A Law Reform Commission report published in August 1995 and chaired by former Supreme Court judge Anthony Hederman considered legal approaches to bail.[1] The Sixteenth Amendment made it possible for a court to take into account whether or not a person had committed serious crimes while on bail in the past. The amendment was introduced by the Fine Gael–Labour Party–Democratic Left government led by Taoiseach John Bruton.
Changes to the text
Insertion of new Article 40.4.7º:
Provision may be made by law for the refusal of bail by a court to a person charged with a serious offence where it is reasonably considered necessary to prevent the commission of a serious offence by that person.
Note: This provision was renumbered as 40.4.6º by the Twenty-first Amendment of the Constitution of Ireland in 2002.
Oireachtas debate
A similar proposal had been proposed by Fianna Fáil Justice Spokesperson John O'Donoghue on 8 June 1995.[2] On 4 October 1995, this was rejected by 65 votes to 47.[3]
On 16 October 1996, Minister for Justice Nora Owen proposed the Sixteenth Amendment of the Constitution Bill 1996.[4] It was supported by the two major opposition parties, Fianna Fáil and the Progressive Democrats, and passed final stages in the Dáil on the same day.[5] It passed final stages in the Seanad on 23 October and proceeded to a referendum on 28 November 1996.[6]
Result
| Choice | Votes | % |
|---|---|---|
 Yes |
579,740 | 74.83 |
| No | 194,968 | 25.17 |
| Valid votes | 774,708 | 99.63 |
| Invalid or blank votes | 2,878 | 0.37 |
| Total votes | 777,586 | 100.00 |
| Registered voters and turnout | 2,659,895 | 29.23 |
| Constituency | Electorate | Turnout (%) | Votes | Proportion of votes | ||
|---|---|---|---|---|---|---|
| Yes | No | Yes | No | |||
| Carlow–Kilkenny | 85,589 | 30.1% | 19,413 | 6,242 | 75.7% | 24.3% |
| Cavan–Monaghan | 81,466 | 24.4% | 14,573 | 5,201 | 73.7% | 26.3% |
| Clare | 68,641 | 27.0% | 13,626 | 4,828 | 73.9% | 26.1% |
| Cork East | 61,966 | 31.5% | 14,368 | 5,114 | 73.8% | 26.2% |
| Cork North-Central | 70,935 | 28.4% | 13,753 | 6,348 | 68.5% | 31.5% |
| Cork North-West | 46,310 | 33.8% | 11,722 | 3,857 | 75.3% | 24.7% |
| Cork South-Central | 81,420 | 33.3% | 18,822 | 8,183 | 69.7% | 30.3% |
| Cork South-West | 46,607 | 32.2% | 11,323 | 3,631 | 75.8% | 24.2% |
| Donegal North-East | 50,366 | 18.0% | 5,818 | 3,191 | 64.6% | 35.4% |
| Donegal South-West | 50,677 | 18.4% | 6,289 | 2,992 | 67.8% | 32.2% |
| Dublin Central | 59,526 | 29.7% | 12,361 | 5,267 | 70.2% | 29.8% |
| Dublin North | 69,954 | 32.2% | 17,388 | 5,129 | 77.3% | 22.7% |
| Dublin North-Central | 63,725 | 37.1% | 17,548 | 6,066 | 74.4% | 25.6% |
| Dublin North-East | 58,653 | 33.5% | 14,967 | 4,644 | 76.4% | 23.6% |
| Dublin North-West | 55,794 | 31.1% | 12,827 | 4,453 | 74.3% | 25.7% |
| Dublin South | 88,699 | 35.8% | 23,388 | 8,288 | 73.9% | 26.1% |
| Dublin South-Central | 59,930 | 34.2% | 15,088 | 5,316 | 74.0% | 26.0% |
| Dublin South-East | 64,134 | 30.6% | 12,620 | 6,917 | 64.6% | 35.4% |
| Dublin South-West | 74,176 | 26.9% | 15,324 | 4,611 | 76.9% | 23.1% |
| Dublin West | 65,235 | 27.5% | 14,095 | 3,792 | 78.9% | 21.1% |
| Dún Laoghaire | 89,767 | 34.5% | 21,646 | 9,216 | 70.2% | 29.8% |
| Galway East | 44,108 | 25.6% | 9,007 | 2,216 | 80.3% | 19.7% |
| Galway West | 84,202 | 24.6% | 15,256 | 5,363 | 74.0% | 26.0% |
| Kerry North | 50,303 | 25.7% | 9,314 | 3,523 | 72.6% | 27.4% |
| Kerry South | 46,459 | 26.9% | 9,170 | 3,287 | 73.7% | 26.3% |
| Kildare | 85,932 | 28.7% | 19,171 | 5,415 | 78.0% | 22.0% |
| Laois–Offaly | 82,054 | 28.9% | 18,007 | 5,612 | 76.3% | 23.7% |
| Limerick East | 74,746 | 29.8% | 17,472 | 4,764 | 78.6% | 21.4% |
| Limerick West | 46,385 | 28.5% | 10,468 | 2,648 | 79.9% | 20.1% |
| Longford–Roscommon | 62,324 | 29.5% | 14,714 | 3,561 | 80.6% | 19.4% |
| Louth | 69,725 | 26.1% | 13,445 | 4,634 | 74.4% | 25.6% |
| Mayo East | 44,474 | 25.4% | 8,897 | 2,356 | 79.1% | 20.9% |
| Mayo West | 46,368 | 25.3% | 9,018 | 2,686 | 77.1% | 22.9% |
| Meath | 85,805 | 27.3% | 18,020 | 5,265 | 77.4% | 22.6% |
| Sligo–Leitrim | 62,433 | 28.3% | 13,502 | 4,105 | 76.7% | 23.3% |
| Tipperary North | 44,488 | 32.3% | 11,112 | 3,187 | 77.8% | 22.2% |
| Tipperary South | 59,120 | 31.8% | 14,492 | 4,253 | 77.4% | 22.6% |
| Waterford | 67,002 | 27.0% | 13,209 | 4,830 | 73.3% | 26.7% |
| Westmeath | 46,925 | 28.3% | 10,177 | 3,059 | 76.9% | 23.1% |
| Wexford | 81,251 | 29.4% | 19,002 | 4,781 | 79.9% | 20.1% |
| Wicklow | 82,221 | 31.2% | 19,378 | 6,137 | 76.0% | 24.0% |
| Total | 2,659,895 | 29.2% | 579,740 | 194,968 | 74.8% | 25.2% |
Aftermath
The Bail Act 1997 was passed as the provision to be made by law arising from the amendment.
References
- "Report: An examination of the law of bail". Law Reform Commission. August 1995. Retrieved 21 May 2018.
- "Fifteenth Amendment of the Constitution Bill, 1995: First Stage". Houses of the Oireachtas. Retrieved 21 May 2018.
- "Private Members' Business - Fifteenth Amendment of the Constitution Bill, 1995: Second Stage (Resumed)". Houses of the Oireachtas. 4 October 1995. Retrieved 21 May 2018.
- "Sixteenth Amendment of the Constitution Bill, 1996: Second Stage". Houses of the Oireachtas. 16 October 1996. Retrieved 21 May 2018.
- "Sixteenth Amendment of the Constitution Bill, 1996: Committee and Final Stages". Houses of the Oireachtas. 16 October 1996. Retrieved 21 May 2018.
- "Sixteenth Amendment of the Constitution Bill, 1996: Committee and Final Stages". Houses of the Oireachtas. 23 October 1996. Retrieved 21 May 2018.
- "Referendum Results 1937–2015" (PDF). Department of Housing, Planning and Local Government. 23 August 2016. p. 54. Retrieved 21 May 2018.