Referendum Commission

Background

In McKenna v. An Taoiseach (No. 2) (1995), the Supreme Court of Ireland upheld a challenge from Patricia McKenna to public expenditure to promote a Yes vote in the constitutional referendum on divorce. The Referendum Act 1998 provided for the establishment of a commission for each referendum to provide information about the contents of amendment. The first Referendum Commission was set up for the Amsterdam Treaty referendum.

Composition

The 1998 Act, as amended, provided that the Chairperson of the commission should be a former judge of the Supreme Court or Court of Appeal or a serving or former judge of the High Court nominated by the Chief Justice. The other members of the commission were the Comptroller and Auditor General, the Ombudsman, the Clerk of Dáil Éireann and the Clerk of Seanad Éireann. In the event any of those offices were vacant, the 1998 Act provided that the following be appointed respectively instead: Secretary and Director of Audit of the Office of the Comptroller and Auditor General, Director of the Office of the Ombudsman, Clerk Assistant of Dáil Éireann, Clerk Assistant of Seanad Éireann.

The members of the last Referendum Commission, established for the Thirty-eighth Amendment held in 2019, were:

Functions

Under the Referendum Act 1998 the commission initially had the role of setting out the arguments for and against referendum proposals, having regard to submissions received from the public. Following the passing of the Referendum Act 2001 the commission no longer had a statutory function in relation to putting the arguments for and against referendum proposals. The 2001 Act also removed from the commission the statutory function of fostering and promoting debate or discussion on referendum proposals.

A new referendum commission was set up in advance for each new referendum that took place, if the Minister for Housing, Planning and Local Government made a ministerial order to appoint a commission. The primary role of the commission was to explain the subject matter of referendum proposals, to promote public awareness of the referendum and to encourage the electorate to vote. It could use television, radio, press, outdoor and cinema advertising and any other media over the weeks in advance of the referendum to give general information about the issues involved. It could help citizens find out some basic information about how to register to vote. The commission's information booklets were also produced in braille and audiotape for persons with visual impairments. A publication in Irish Sign Language was also produced. A dedicated website was created for the referendum.

Once the commission completed its functions it furnished a report to the Minister, within six months. The report detailed the carrying out of its functions, and the commission then dissolved one month after its submission.

List of commissions

Repeal

The Electoral Reform Act 2022 repealed the Referendum Act 1998. The Electoral Commission established under the same act was given the equivalent functions as Referendum Commission. The Commission was established in 2023.

References

References

1. (1998). "Referendum Act 1998".
2. (2001). "Referendum Act 2001".
3. "Referendum Results 1937–2018". [[Department of Housing, Planning and Local Government]].
4. "Referendum Commission". Citizens Information Board.
5. (December 2001). "Abolition of the Death Penalty". Referendum Commission.
6. (December 2001). "International Criminal Court". Referendum Commission.
7. (December 2001). "Treaty of Nice 2001". Referendum Commission.
8. "Protection of Human Life in Pregnancy". Referendum Commission.
9. "Treaty of Nice 2002". Referendum Commission.
10. (December 2008). "Irish Citizenship". Referendum Commission.
11. (December 2008). "Lisbon Treaty 2008". Referendum Commission.
12. (January 2010). "Lisbon Treaty 2009". Referendum Commission.
13. (March 2012). "Judges' Remuneration and on Oireachtas Inquiries 2011". Referendum Commission.
14. (September 2012). "Fiscal Stability Treaty 2012". Referendum Commission.
15. (May 2013). "The Children Referendum". Referendum Commission.
16. (25 November 2013). "Abolition of Seanad Éireann and Court of Appeal Bill referendums". Referendum Commission.
17. McGee, Harry. (13 June 2013). "New referendum commission will have long lead-in time for poll on Seanad". [[The Irish Times]].
18. (October 2015). "Marriage Referendum and Age of Presidential Candidates Referendum". Referendum Commission.
19. (September 2018). "The referendum on the regulation of termination of pregnancy". Referendum Commission.
20. (15 February 2019). "Referendum on Blasphemy". Referendum Commission.
21. (20 July 2018). "Referendum Commission (Establishment) (No.2) Order 2018". Iris Oifigiúil.
22. (August 2019). "Referendum on the regulation of divorce". Referendum Commission.
23. "Minister Murphy announces establishment of Referendum Commission". [[Department of Housing, Planning and Local Government]].
24. (25 July 2022). "[[Electoral Reform Act 2022]]".
25. (25 July 2022). "Electoral Reform Act 2022".