I'm sure many people now would have seen the Referendum Commission's TV Advert for the Children Referendum , if not here is the link
The Advert starts off with the following statement .
"A lot of People say we have no control over how this Country is run but in reality we have the final say on the most important document in our society . Our Constitution. "
lets look at the above statement a bit closer , it is correct to say that we have the final say on our constitution but even if we allow for this , it is untrue and misleading to imply that because of this we control our country .
The Eleventh Amendment of the Constitution of Ireland (Maastricht) inserted Article 29.4.5 into our Constitution . This Article reads as follows:
"No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State which are necessitated by the obligations of membership of the European Union or of the Communities, or prevents laws enacted, acts done or measures adopted by the European Union or by the Communities or by institutions thereof, or by bodies competent under the Treaties establishing the Communities, from having the force of law in the State. "
Therefore from the above Article we see clearly that EU law supersedes our constitutional law and therefore the Referendum commission are wrong to imply that the ability to amend our constitution means that we control our country.
So my questions are as follow .
1) what was the purpose of making this statement , is it perhaps to mislead Irish People into believing that no matter what happens they will always control their country or something else.
2) should the statement in light of the above , now be retracted and a public apology issued by the commission.