Seeing a lot of commentary, and quite a bit of confusion, about the President singing the Mother and Baby Homes Bill into law. Here's a quick explainer thread designed to clear up a few points about what did (and didn't) happen:
First, it's important to note that the President has very little discretion in all of this. All laws passed by the Oireachtas must be signed by him/her unless they fall within the exceptions set out in Arts 26 or 27.
Art 27 is a very specific exception that allows a Bill to be put to a referendum vote if a series of prescribed prcedural conditions have been met. They were not met here, and so Art 27 could not be invoked. (Incidentally, it has never been invoked.)
Art 26 allows the President to refer a Bill to the Supreme Court to test whether it complies with the Constitution. This was the provision that a lot of people seemed to expect the President to utilise here.
However, while significant legal concerns have been expressed about the Mother and Baby Home Bill, they relate to its compatibility with EU law and not the Irish Constitution. This is not within the scope of Art 26. It was therefore not surprising that the President signed.
An additional piece of background is that if a Bill is referred to the Supreme Court under Art 26 and upheld, it becomes immune from any subsequent constitutional challenge. (This immunity would not extend to challenges based on EU law.)
What was unusual was that the President issued a statement noting the concerns expressed during the passage of the Bill, and highlighting the fact that it remains open to citizens to challenge it. I am not aware of a similar statement in the past, although I am open to correction
The President's statement may have fueled some of the confusion by suggesting that there may be grounds for a constitutional challenge. (There might be - but they would most likely be a long shot.) Any future challenge is far more likely to be based on EU law.
In summary: signing the law was not unexpected and the President had little choice. The Bill is unlikely to be unconstitutional. It may raise separate issues of compliance with EU law which may arise in the courts; but this does not mean the Bill should not have been signed. /END

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More from @ConorUCCLaw

8 Jul 19
So, today might be a really good day. We got a positive ruling on a case concerning redress for abuse survivors that I've worked on directly for 5 yrs and indirectly for 10 yrs. But I remain fearful it won't turn out to be the victory it seems. (Thread)

rte.ie/amp/1060862/
When we won the Louise O'Keeffe case before the Grand Chamber of the European Court of Human Rights in 2014, I thought that was the end of this story. But it proved otherwise; the State relentlessly sought to limit its liability through the "prior complaint" criterion.
We're a relentless lot ourselves, so we fought that for the next five years, and eventually secured a ruling in our favour today. But just like in 2014, I fear that the State is already seeking to limit the scope of this ruling.
Read 7 tweets
15 May 19
Here's the story of how the State has spent €1.5 million on legal fees trying to avoid paying €28m in compensation to victims of child sexual abuse in schools, even though (a) it is required by human rights law to pay; and (b) it gave religious orders a €1.4 billion indemnity.
In 2014, the European Court of Human Rights ruled that the Irish State failed to protect Louise O'Keeffe from abuse by her school principal. The basis of the judgment is what is really important here:
1. The State was obliged to protect children against abuse.
2. The State knew that children in schools were at risk of abuse.
3. The State handed over control of schools to churches without putting in place any controls against the risk of abuse.
Read 18 tweets

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