Take Your Hands Off Our Constitution!

May 2, 2012

Part 11

Why should this treaty be asked to take its hands off our constitution? Perhaps it may have something to do with giving authority over our budget to Court of Justice of the European Union who can impose huge fines on us if we do not comply to the Borg.

“In Ireland, it falls to the Attorney General to advise the government on a whether a treaty’s ratification requires a referendum because of the 4.6 Constitutional clause. AG Marie Whelan has advised the government that it is best for Ireland to hold a referendum before ratifying the Fiscal Compact Treaty.”

http://www.european-council.europa.eu/media/639235/st00tscg26_en12.pdf

http://cdn.thejournal.ie/media/2012/03/20120319fiscalcompact.pdf

NOTING that compliance with the Contracting Parties’ obligation to transpose the “balanced budget rule” into their national legal systems, through binding, permanent and preferably constitutional provisions, should be subject to the jurisdiction of the Court of Justice of the European Union, in accordance with Article 273 of the Treaty on the Functioning of the European Union; RECALLING that Article 260 of the Treaty on the Functioning of the European Union empowers the Court of Justice of the European Union to impose a lump sum or penalty payment on a Member State of the European Union which has failed to comply with one of its judgments and RECALLING that the European Commission has established criteria for determining the lump sum or penalty payment to be imposed in the framework of that Article;

“Why are we holding a referendum? Under Article 46 of the Irish Constitution, any change to the Constitution requires a referendum being put to the people. The Attorney General must determine whether any proposed amendments are significant enough that they require a referendum for approval before being introduced into the Constitution. The new treaty’s text appeared to allow for members to adopt the treaty without it being incorporated into their constitutions. In Ireland, it falls to the Attorney General to advise the government on a whether a treaty’s ratification requires a referendum because of the above Constitutional clause. AG Marie Whelan has advised the government that it is best for Ireland to hold a referendum before ratifying the Fiscal Compact Treaty. On foot of that advice, the Taoiseach and Tánaiste announced yesterday that a referendum would be held on the issue, and that the treaty will be debated over the coming weeks. No date has yet been set for the treaty referendum.”

http://www.thejournal.ie/the-fiscal-compact-referendum-what-are-we-voting-on-and-why-368490-Feb2012/

Irish Constitution:

“Article 46 1. Any provision of this Constitution may be amended, whether by way of variation, addition, or repeal, in the manner provided by this Article. 2. Every proposal for an amendment of this Constitution shall be initiated in Dáil Éireann as a Bill, and shall upon having been passed or deemed to have been passed by both Houses of the Oireachtas, be submitted by Referendum to the decision of the people in accordance with the law for the time being in force relating to the Referendum. 3. Every such Bill shall be expressed to be “An Act to amend the Constitution”. 4. A Bill containing a proposal or proposals for the amendment of this Constitution shall not contain any other proposal. 5. A Bill containing a proposal for the amendment of this Constitution shall be signed by the President forthwith upon his being satisfied that the provisions of this Article have been complied with in respect thereof and that such proposal has been duly approved by the people in accordance with the provisions of section 1 of Article 47 of this Constitution and shall be duly promulgated by the President as a law. ”

Perhaps people need to read the treaty before deciding whether we should ratify it.

Just maybe AG Marie Whelan noticed the following in our constitution and saw the stranglehold of the treaty’s hands on 2.1:

2. 1° The sole and exclusive power of making laws for the State
is hereby vested in the Oireachtas: no other legislative
authority has power to make laws for the State.

Part 111

Re Professor Terence McDonagh

http://www.irishtimes.com/newspaper/opinion/2012/0502/1224315452125.html

Let me go through a number of the points he raises:

“A fourth possibility is the restructuring of debt. The Anglo-Irish promissory note payments alone constitute €3 billion in any given year. Most commentators outside Ireland believe restructuring of some sort will eventually take place in any event.”

This is the most disgraceful aspect of the Compact. The Irish negotiating team have been humiliated in negotiations on any attempt to have this written down. Latest news on this is the possibility of an EFSF bond to replace ELA/PN but the view is extended maturity dates and lower annual cost will nevertheless be offset by a higher overall cost than the current ELA/PN arrangements. They will probably mid May try to bribe taxpayers with this news mid May. The whole odious debt of the IBRC mess should be written off by EFSF.

“A fifth, under-discussed, possibility is the issuance of innovative debt instruments. It would be possible to make Irish bonds acceptable in payment of taxes in the event of any default. This should eliminate the risk premium which makes it difficult for Ireland to re-enter the markets at this time.”

Excellent suggestion that could potentially release a huge quantity of savings that wont be spent in the economy otherwise

” The implementation of the 0.5 per cent structural deficit rule in the new treaty is considerably more stringent than any of the existing “six-pack” regulations, which are themselves unwise. Eventually, a shortage of government bonds will emerge, forcing conservative investors such as pension funds into less safe investments, risking the reappearance of dangerous asset bubbles.”

All these rules are driven by bankers with hair shirts making sure to get their money back. They can all be reduced on one rule, spend less and give us the savings you make on this in the form of interest on the loans you currently have or on those we can foolishly persuade you to take out to pay back your previous loans

“2. Debt should be 60 per cent of GDP. If debt is greater than 60 per cent, it will be reduced by 1/20 per year over the next 20 years. This would start in 2018, when the bailout terms expire, and could require up to €5 billion a year in savings to 2038.”

I’m sorry, but I’m afraid the version of Orwell’s Newspeak, deliberately impoverished language, practiced by FG/LB and the Y campaign means we cannot speak of that. We cannot describe the target of the €5 billion in 2018. Some have said in 2018, having dried the marrow from the bone of the taxpayers, the IFSC and Corporation Tax will then be raised, but discussion on this is verboten.

“The “common sense” regarding the fiscal treaty retailed by the Government is at direct right angles to reality. There will be no disaster in the event of the need for a second bailout. It is the adoption of the budget provisions of the treaty which is a risky and perilous experiment.”

Why is prof Terrence McDonough not negotiating our bailout? Why are people like Michael O Leary relegated to the sidelines. We have the blind leading the blind in official Ireland who got us into the mess making a bigger mess of getting out of it. Now the same lot are making a bigger mess than the ‘guarantee’ and are giving away the keys to the Constitution ? The bankers even have the European Court of Justice turned into a bailiff !

Its long past the time to leave the euro mess behind !

ends

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