In 1987, the Irish Supreme Court ruled that the Irish government, as guardians of the Irish Constitution, could not enter into certain international agreements without a majority approval of Irish citizens through a referendum. This ruling is famously known as the “Crotty judgement.”
The World Health Organisation’s (“WHO’s”) proposed amendments to the International Health Regulations and Pandemic Treaty were the subject of presentations made to the Irish parliament on Tuesday. One of those who spoke was Irish author and presenter Eddie Hobbs.
“Under Crotty, the Irish people are entitled – as a right, it’s part of our estate – to a referendum on the WHO [agreements],” Hobbs said. “If the government say ‘no we’re going to ratify it at cabinet’ – well then, all hell will break loose.”
I have just arrived back from speaking in Dublin. The WHO Director General, Tedros visited Dublin recently to meet the Irish President as Tedros knows under the ‘Crotty’ ruling, Ireland had to have a full public debate and Referendum on the Pandemic Agreement and the amendments to the IHR. Ireland could well be key to stopping the worldwide WHO power grab.
Raymond Crotty, who died in 1994, is probably best known to the general public for the “Crotty judgement” of 1987, which may yet prove to be the country’s strongest defence against unwarranted pressures from the larger EU member states. This Irish Supreme Court ruling forced the government to accept that significant changes to EU treaties had to be ratified by referendum in Ireland.
Treaties do not take effect in Ireland unless they are made part of law through legislation. Treaties may place obligations on the State but they are not generally specifically enforceable by citizens until enacted domestically.
The ruling clearly demonstrated that the government acts as the guardian of the Constitution, Hobbs explained. “[The government] are not the disposers of the Constitution and that was really crystal clear as to why there is now a Supreme Court ruling which says that Ireland cannot adopt an external treaty which diminishes or sovereignty without running foul of the Supreme Court [Crotty] ruling.”
“Under Crotty, the Irish people are entitled – as a right, it’s part of our estate – to a referendum on the WHO [agreement] … If the government say ‘no we’re going to ratify it at cabinet’ – well then, all hell will break loose because that will mean the government are forced into the high court and forced to defend themselves legally against taking away the Irish right under Crotty,” he said.
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