Petition
Current Details
| Reference Number: | P00019/16 |
| Status: | Petition Closed |
| Name of Petitioner: | Mr Daryl Cusack |
| Petition Title: | Unconstitutionality of the proposed Bill: "Criminal Justice (Aggravation by Prejudice) Bill 2016" |
| Submitted By: | Individual |
| Petition Text: | We - the undersigned - strongly believe that Fianna Fáil TD Fiona O' Loughlin's proposed Bill "Criminal Justice (Aggravation by Prejudice) Bill 2016" is unconstitutional and its enactment in law would contravene the following articles of the Irish constitution.
Equality before the law (Article 40.1)
By altering sentencing legislation people are no longer equal before the law insofar as their background and factors ethnic origin can be used to further qualify any crime for which they may be under indictment.
Right to freedom of expression, assembly and association (Article 40.6.1)
The Bill contains the following section:
Prejudice relating to race, colour or ethnic origin
2. (1) An offence is “aggravated by prejudice relating to race” if—
(a) at the time of committing the offence or immediately before or after so
committing, a person evinces towards a victim of said offence, malice or ill-will
relating to the race or presumed race, colour or ethnic origin of such victim, or
(b) the offence is motivated (wholly or partly) by malice or ill-will towards persons
who are of a particular race, colour or ethnic origin.
This contravenes (Article 40.6.1) as it prohibits freedom of expression on the part of an individual regarding the behaviours of groups that the individual may deem problematic, for example by dint of cultural conflict,etc.
We are specifically seeking the Committee on Public Service Oversight and Petitions to investigate the constitutionality of the Bill and notify both Houses of the Oireachtas prior to its progression to second stage debate. |
Historical Details
| 4) | Status: | Decision Of The Committee | | | Date: | 15 Nov 2016 | | 3) | Status: | For Consideration By Committee | | | Date: | 15 Nov 2016 | | 2) | Status: | Being Examined For Compliance With Standing Orders | | | Date: | 15 Nov 2016 | | 1) | Status: | Received | | | Date: | 06 Sep 2016 |
Published: 13 Dec 2016 17:18:43
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