Justice Minister John O'Donoghue said Ireland should...

Justice Minister John O'Donoghue said Ireland should throw out the death penalty in the June 7 referendum. "A yes vote on June 7 will send out a message to the international community of Ireland's strong stance against the use of the death penalty and it is one of which we as a modern democracy can be rightfully proud." Although only finally abolished by the Criminal Justice Act 1990, the death penalty has not been used in this country since 1954. However without a constitutional prohibition it could be re-introduced again by statute."I recently put before the Houses of the Oireachtas the Twenty-first Amendment of the Constitution (No. 2) Bill, 2001, which provides for the amendment of the Constitution to delete the two references to the death penalty in the Constitution and for the prohibition of its reintroduction in any circumstances. The Bill has passed all stages in both the Dail and Seanad and must now await the decision of the people in the forthcoming referendum," the minister said. The proposed changes relate to Articles 13, 15, 28 and 40 of the Constitution. These changes are as follows: -the deletion of the reference to the death penalty in Article 13.6, which deals with the commutation and remission of sentences and specifies that such powers cannot be used in 'capital cases' except by the President.-the deletion of Article 40.4.5 which makes provision for Habeas Corpus proceedings in respect of a person who has been sentenced to death.-a new subsection 15.5.2 to the effect that the Oireachtas shall not enact (any law providing for the imposition of the death penalty) is to be inserted in Article 15.5, which deals with the powers of the National Parliament and-the amendment of Article 28.3.3 so that the prohibition on the reintroduction of the death penalty will apply even in time of war or armed rebellion.