Barry Ward SC TD

Barry Ward SC, a barrister and a Fine Gael TD for Dún Laoghaire, yesterday presented the Thirty-ninth Amendment of the Constitution (Judicial Oath of Office) Bill 2025 to the Dáil.

The current judicial oath reads in English: “In the presence of Almighty God I do solemnly and sincerely promise and declare that I will duly and faithfully and to the best of my knowledge and power execute the office … without fear or favour, affection or ill-will towards any man, and that I will uphold the Constitution and the laws … May God direct and sustain me.”

Mr Ward’s bill would remove references to “God” from both the English and Irish versions of the oath, and change the word “man” to “person” in the English version.

He told TDs that requiring “people of a different faith or no faith at all” to make an oath referencing God is “inconsistent with modern Ireland”.

He said: “I am not anti-religion. It is hugely important. Many judges believe in God, but it must also be the case that many do not believe in God.

“As a result, it seems unfair to expect them to take an oath that essentially expresses a belief in God or else is a nonsense.”

Mr Ward added: “We are very lucky to have a highly functioning judiciary that applies the rule of law without fear or favour. It is often widely criticised, particularly online, for making decisions in accordance with law.

“However, we are lucky that we have a judiciary that applies the Constitution and the rest of the law in an even-handed way, in sharp contrast even with other member states of the European Union.

“In the same breath, to require those people to take an oath which for some of them will be vacuous is grossly unfair.”

The private member’s bill was not opposed by the government and will now proceed to second stage.

If the bill becomes law, a referendum would be required for the proposed change to the Constitution to take effect.