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View Poll Results: Should we abolish the immunity enjoyed by TDs from arrest if coming to/from Dail?

Voters
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  • Yes, abolish it

    182 66.91%
  • No, it should remain as is

    38 13.97%
  • Change it so it's only valid if they're going to the dail to vote.

    52 19.12%
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Thread: Should we abolish TDs' immunity from arrest (if coming to/from Dail)?

  1. #1
    Politics.ie Member
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    Default Should we abolish TDs' immunity from arrest (if coming to/from Dail)?

    Article 15.13
    "The members of each House of the Oireachtas shall, except in case of treason as defined in this Constitution, felony or breach of the peace, be privileged from arrest in going to and returning from, and while within the precincts of, either House, and shall not, in respect of any utterance in either House, be amenable to any court or any authority other than the House itself."

    This was a measure which was highly relevant in the context of the 1930's (dictatorships replacing democracies, Ireland's scrape with fascism led by the former Garda commissioner/leader of the Blueshirts). It is a bit like the clause about judge's pay being upward only - of it's time.

    Should it be repealed in an era of the Garda ombudsman, press oversight, civil courts providing damages for false imprisonment?

    Should it only apply to TDs going to the Dail for votes? (Senators not being as critical and TDs leaving the house are at less risk of unlawful interference by the Gardai - if such a risk actually exists).

    How has the abolition of felonies and misdeamours affected the section?

    For those who check their law books, the immunity is only from arrest and a summons could be sent after the incident eg if on a mobile, or not waiting to be waved on. Nor does it apply exclusively to driving?

    Or, should political accountability be employed for those who abuse it? (Eg non-arrestable offence, not waiting to be waved on, abusing the gardai, covering up an offence)?

    Varadkar in bid to crack down on Dail privilege - Independent.ie

    The politicians who have landed in hot water - Independent.ie

    Parliamentary Privilege · TheJournal.ie

    Abuse of power and the gardaí is nothing new to boozy politicians | Irish Examiner

  2. #2
    Politics.ie Member Astral Peaks's Avatar
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    Have you asked for a poll on the thread? I would....
    "Don't need a whore, I don't need no booze, don't need a virgin priest."

  3. #3
    Politics.ie Member Sync's Avatar
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    There will be a poll. I shall be voting yes multiple times.
    I'm living in America, and in America, you're on your own. America's not a country. It's just a business. Now f***ing pay me.

  4. #4
    Politics.ie Member Astral Peaks's Avatar
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    P.S. Good OP by the way, plenty of food for thought there.
    "Don't need a whore, I don't need no booze, don't need a virgin priest."

  5. #5
    Politics.ie Member Astral Peaks's Avatar
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    Quote Originally Posted by Sync View Post
    There will be a poll. I shall be voting yes multiple times.
    Vote early and vote often, it's the Irish way!!
    "Don't need a whore, I don't need no booze, don't need a virgin priest."

  6. #6
    Politics.ie Member Clanrickard's Avatar
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    No.

  7. #7
    Politics.ie Member RahenyFG's Avatar
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    I voted Yes
    I have closed down this account, I am now The Rahenyite.

  8. #8
    Politics.ie Member james toney's Avatar
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    Time to abolish it,it's an archaic law,is open to abuse and is there to be taken advantage of.
    And there is nobody better to take advantage of it,and get a free pass,than an irish politician.
    "You think thats bad,theres one lunatic that posts on there 40-50 times a day..He's alone..in bad company!

  9. #9
    Politics.ie Member Astral Peaks's Avatar
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    Why aren't the voters names visible?
    "Don't need a whore, I don't need no booze, don't need a virgin priest."

  10. #10
    Politics.ie Member FrankSpeaks's Avatar
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    I would not be in favour of abolishing this rule, I could forsee (admittedly highly unlikely) situations where TD's were arrested to prevent legislation being enacted. I voted to change so that it's only valid for Dáil votes.
    There's a lot to be said for the fellow who doesn't say it himself. -- Maurice Switzer

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