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That 'other referendum' could bridge a gap between the Irish and English versions of our Constitution

Given the significant gap that currently exists in the translation of Bunreacht na hÉireann, there is a good reason to pass this second referendum.

OUR NATIONAL LANGUAGE, Irish, is the first official language of our state. Although most daily business in this country is done through English, Irish has a special place, not only in our hearts and culture, but in our laws and constitution.

For that reason, Bunreacht na hÉireann, the Constitution of Ireland, and the laws of Ireland, are written in both Irish and English, in that order, at least in theory. The Constitution provides that, in case of a conflict between the Irish and English versions of the Constitution or a law, “the text in the national language shall prevail”.

That said, in real terms, the Constitution was drafted in English and then translated into Irish. During the Dáil debate on the new draft constitution, in 1937, W.T. Cosgrave said that it was “contrary to common sense that an imperfect translation … should be made the authoritative version for the courts.”

Although there are many places in the Constitution where the Irish and English versions diverge, most differences are technical and few have caused any difficulty. For example, the Constitution prohibits judges from becoming members of the Oireachtas, but it would appear from the Irish text that, while a judge could stand for election to the Oireachtas, he or she could not take his or her seat if elected, whereas the English text, seems to prohibit a judge from standing for election at all. A semantic difference if ever there were one.

A much bigger – and more important – difference

However, in the context of the referendum due to take place on the 22nd of May, to lower the minimum age for candidacy for the Presidency, there is a much bigger, and more important, difference between the two texts: essentially, the Irish text says you have to be 35, but the English text says 34 is enough.

Article 12.4.1° provides, in English, that “Every citizen who has reached his thirty-fifth year of age is eligible for election to the office of President.” But, in Irish, it states “Gach saoránach ag a bhfuil cúig bliana tríochad slán, is intofa chun oifig an Uachtaráin é”, which literally translates as “Every citizen who has completed/reached thirty five years, (he) is electable to the office of (the) President.”

So, the English says candidates must have reached their “thirty-fifth year” to run for President, which they would do on their thirty-fourth birthday, while the Irish text requires them to have completed thirty five years, which they would not do until their thirty-fifth birthday.

Bridging the gap

The proposed change to this article will bridge the gap between the Irish and English versions of our Constitution.

The people are being asked to amend the Constitution so that, in English, it reads “Every citizen who has reached the age of twenty-one years is eligible for election to the office of President.” In Irish, it will read “Is intofa chun oifig an Uachtaráin gach saoránach ag a bhfuil bliain agus fiche slán”, which corresponds exactly to the English version, or to which the English version corresponds exactly, depending on your point of view.

In the heated debate surrounding the marriage equality debate, many have overlooked this second referendum. Given the gap that currently exists in the translation of Bunreacht na hÉireann, maybe there is a good and important reason to pass this second referendum, beyond what the amendment itself seeks to achieve.

Barry Ward is a practising barrister and former legal adviser to Enda Kenny. Elected to Dún Laoghaire-Rathdown County Council in 2009, he now chairs the Council’s new Economic Development & Enterprise Strategic Policy Committee and the Joint S2S Committee, the first such committee set up with Dublin City Council to examine the Sutton to Sandycove Coastal Promenade & Cycleway.

We’re being short-changed by the ‘other referendum’

Lots of TDs and Senators are voting No in that ‘other’ referendum

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    Mute yup
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    May 19th 2015, 8:43 AM

    But if I vote to reduce the Presidents age requirement won’t that mean that all adopted and surrogate kids will be forced into same sex families??

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    Mute little jim
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    May 19th 2015, 9:02 AM

    Only until the mandatory divorce.

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    Mute Joey Gee
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    May 19th 2015, 12:26 PM

    Classic!

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    Mute Chris Kirk
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    May 19th 2015, 1:33 PM

    I imagine that lowering the age of the presidency will also entitle the incumbent to a state pension much earlier than would be normally applied. Whereas for everyone else the pensionable age is rising towards seventy…..

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    Mute Ann Reddin
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    May 19th 2015, 5:39 PM

    Which is why I will be voting No.

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    Mute Bigus Diccus
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    May 19th 2015, 8:09 AM

    What’s Irish for “you’re clutching at straws, Barry”?

    Tá tú ag something or other anyway, a Bharra.

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    Mute Gaeltán
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    May 19th 2015, 8:20 AM

    #Bigus D
    “Taca á bhaint aige as tráithnín” = “to cluch at straws” ;)

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    Mute Bigus Diccus
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    May 19th 2015, 8:30 AM

    Go raibh maith agat, a chara

    Ba mhaith liom a laibhairt freisin, is brea liom a bheith ag léamh do chuid ‘posts’. Rud íontach maith ata tú ag deanamh, i mo thuarim. Ní thuigaim gach rud a scríobheann tú, mar bhain me taitneamh ás.

    Apologies for mistakes, haven’t written a word since 2002 and I didn’t use Google :)

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    Mute Gaeltán
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    May 19th 2015, 8:50 AM

    #Bigus Lingus!
    Togha fir! Rinne tú an-mhaith. Féach teanglann.ie Is mór an chabhair í. Ádh mór ;)

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    Mute Mel Fitzpatrick
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    May 19th 2015, 8:25 AM

    I nearly slipped into a coma reading that… Who remotely cares about this vote?

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    Mute Alien8
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    May 19th 2015, 9:07 AM

    It is the output of years of constitutional convention meetings, research and negotiations – and all we got was lowering the age of presidents (when the bigger issue was allowing citizens abroad to vote, and removing the “president is guided by god” parts), and the SSM addition (which is only there because of the whim of a judge in the Zappone case – the original text was OK as it did not refer to sex).

    By the way, what happened to the removal of blasphemy, why in the name of Jehovah was that not included in this batch?

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    Mute Egg Head
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    May 19th 2015, 9:37 AM

    Alien, your comment has been reported to Gardai for taking the name of our Lord and God in vain.

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    Mute Peter M Buchanan
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    May 19th 2015, 5:08 PM

    Who remotely cares about either question?

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    Mute Sternn
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    May 19th 2015, 8:51 AM

    Well thats all I need to know. I’m definitely voting for the first gay 21 year old President Friday.

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    Mute John Ward
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    May 19th 2015, 8:56 AM

    @Sternn:
    Do you mean openly gay?

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    Mute Mr Phil Officer
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    May 19th 2015, 8:53 AM

    When did the age requirements to be president become such an issue that it takes preference in referenda over other much more pressing issues that are effecting the livelihoods of so many people.

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    Mute Luke
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    May 19th 2015, 9:03 AM

    I’m going to need an explanation as to why you think this referendum has taken preference over the gay marriage one?

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    Mute Mr Phil Officer
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    May 19th 2015, 9:17 AM

    It has taken preference over issues that are not up for referendum. On the topic of gay marriage I have stayed away from all debate on this because in this day and age 2015 we shouldn’t have to put it to a vote to give civil rights to a minority community.

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    Mute Gaeltán
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    May 19th 2015, 8:13 AM

    Ag súil anois leis na daoine céanna ag caitheamh anuas ar an nGaeilge. Tuige nach bhfuilimid in ann rudaí a dhéanamh i gceart sa tír seo? Is ceap magaidh iad na comhartha bóithre agus an droch Ghaeilge orthu.

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    Mute Brian Ward
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    May 19th 2015, 8:13 AM

    Is there a second referendum? I didn’t hear anything about that.

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    Mute Oliver Moran
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    May 19th 2015, 9:38 AM

    Jesus. Seriously?

    €203 billion in debt because our political institutions are not fit for purpose and we are dealing with something that would be groaned at if it came up at a table quiz in a pub.

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    Mute Scrap Croke Park1
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    May 19th 2015, 9:13 AM

    There’s also the gender issue

    “Every citizen who has reached HIS 35th year”

    The “his” is being removed.

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    Mute Dreana O'Gorman
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    May 19th 2015, 12:31 PM

    It’s a bit late to tell the two Mary’s about this.

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    Mute Ariana
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    May 19th 2015, 12:32 PM

    Male pronouns are used in every single mention of the President in the constitution.

    Highly doubt Dev even thought a female president was a possibility.

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    Mute Andrew Boylan
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    May 19th 2015, 1:56 PM

    Does that meant that are female presidents where unconsitution…. o_O

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    Mute Conor
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    May 19th 2015, 8:33 AM

    I saw that Jedward wanna become president lol… Saying yes will give us more say on the process of electing… Which is good so we can have our say when not electing people like that..anyway the process is a little more complicated than they know..

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    Mute rory conway
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    May 19th 2015, 8:38 AM

    Conor, but no say in nominating candidates.

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    Mute Timber Planks
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    May 19th 2015, 2:50 PM

    Barry Ward! Great craic at a party!

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    Mute Ross
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    May 19th 2015, 1:12 PM

    The comments in Irish could be from a vested interest hoping to be well rewarded for drafting the revised Irish language version of the document. Who else will ever read it?

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    Mute Thomas Mt
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    May 21st 2015, 12:44 PM

    DON’T SIN AGAINST GOD. GOD’S JUDGEMENT IS ON THE WAY. YOU CAN’T CHANGE THE LAW OF GOD. IF YOU CHANGE THE AFTERMATH WILL BE HUGE. BEWARE OF IT. DON’T FORGET THE LEADERS ARE RESPONSIBLE.

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    Mute Shane Diffily
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    May 20th 2015, 5:17 PM

    An chuis is measa chun tacaiocht a thabhairt don reirfenn seo.

    Dirigh ar an raiteas, na ar na botuin ata deanta cheanna fein.

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    Mute Thomas Mt
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    May 20th 2015, 10:12 PM

    GOD’S JUDGEMENT IS ON THE WAY TO DENY THE WORD OF GOD. YOU CAN NOT REVERT IT ONCE YOU VOTE FOR IT . THE END OF AN AGE IS COMING . NOBODY CAN STAND ON THE WRATH OF GOD.

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    Mute Thomas Mt
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    May 20th 2015, 10:16 PM

    GOD’S JUDGEMENT IS ON THE WAY TO DENY THE WORD OF GOD. YOU CAN NOT REVERT IT ONCE YOU VOTE FOR IT . THE END OF AN AGE IS COMING . NOBODY CAN STAND ON THE WRATH OF GOD. THE WORLD IS ON THE VERGE OF DESTRUCTION…. BEAR IN MIND.

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