{"id":22078,"date":"2023-07-17T18:33:30","date_gmt":"2023-07-17T18:33:30","guid":{"rendered":"https:\/\/legalblog.ie\/?p=22078"},"modified":"2024-03-27T07:51:22","modified_gmt":"2024-03-27T07:51:22","slug":"referenda","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/referenda\/","title":{"rendered":"Referenda Challenges"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/referenda\/#Article_46\" title=\"Article 46\">Article 46<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/referenda\/#Challenges_to_Wording\" title=\"Challenges to Wording\">Challenges to Wording<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/referenda\/#Natural_Law\" title=\"Natural Law\">Natural Law<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/referenda\/#Information_and_Public_Money\" title=\"Information and Public Money\">Information and Public Money<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/referenda\/#McKenna_Judgment_%E2%80%93_Outcome_Tainted\" title=\"McKenna Judgment &#8211; Outcome Tainted?\">McKenna Judgment &#8211; Outcome Tainted?<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/referenda\/#Broadcasting_Time\" title=\"Broadcasting Time\">Broadcasting Time<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/referenda\/#Discretion_to_Government\" title=\"Discretion to Government\">Discretion to Government<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/referenda\/#Post_Referendum_Act\" title=\"Post Referendum Act\">Post Referendum Act<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Irish_Constitution\" title=\"Irish Constitution\">Irish Constitution<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#AMENDMENT_OF_THE_CONSTITUTION\" title=\"AMENDMENT OF THE CONSTITUTION\">AMENDMENT OF THE CONSTITUTION<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#THE_REFERENDUM\" title=\"THE REFERENDUM\">THE REFERENDUM<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#REFERENDUM_ACT_1994\" title=\"REFERENDUM ACT, 1994\">REFERENDUM ACT, 1994<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Regulations\" title=\"Regulations.\">Regulations.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Expenses\" title=\"Expenses.\">Expenses.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Application_of_certain_provisions_of_Part_XXII_of_Act_of_1992\" title=\"Application of certain provisions of Part XXII of Act of 1992.\">Application of certain provisions of Part XXII of Act of 1992.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Secrecy\" title=\"Secrecy.\">Secrecy.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Prohibition_of_disclosure_of_vote\" title=\"Prohibition of disclosure of vote.\">Prohibition of disclosure of vote.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Taking_a_Referendum\" title=\"Taking a Referendum\">Taking a Referendum<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Power_to_appoint_the_same_polling_day_for_a_general_election_and_a_constitutional_referendum\" title=\"Power to appoint the same polling day for a general election and a constitutional referendum.\">Power to appoint the same polling day for a general election and a constitutional referendum.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#The_polling_day_at_an_ordinary_referendum\" title=\"The polling day at an ordinary referendum.\">The polling day at an ordinary referendum.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Times_of_poll\" title=\"Times of poll.\">Times of poll.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#The_referendum_returning_officer\" title=\"The referendum returning officer.\">The referendum returning officer.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Local_returning_officers\" title=\"Local returning officers.\">Local returning officers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Expenses_of_local_returning_officers\" title=\"Expenses of local returning officers.\">Expenses of local returning officers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Statement_by_registration_authorities_of_number_of_presidential_electors\" title=\"Statement by registration authorities of number of presidential electors.\">Statement by registration authorities of number of presidential electors.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Constituencies\" title=\"Constituencies.\">Constituencies.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Polling_districts_and_polling_places\" title=\"Polling districts and polling places.\">Polling districts and polling places.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Notice_to_local_returning_officers\" title=\"Notice to local returning officers.\">Notice to local returning officers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Notice_of_the_taking_of_the_referendum\" title=\"Notice of the taking of the referendum.\">Notice of the taking of the referendum.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Copies_of_Bill_to_be_made_available_at_post_offices\" title=\"Copies of Bill to be made available at post offices.\">Copies of Bill to be made available at post offices.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Statement_for_the_information_of_voters\" title=\"Statement for the information of voters.\">Statement for the information of voters.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Ballot_papers\" title=\"Ballot papers.\">Ballot papers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#The_official_mark\" title=\"The official mark.\">The official mark.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Provisions_as_to_agents\" title=\"Provisions as to agents.\">Provisions as to agents.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Officers_not_to_act_as_agents\" title=\"Officers not to act as agents.\">Officers not to act as agents.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Voting_by_postal_voters\" title=\"Voting by postal voters.\">Voting by postal voters.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Voting_by_special_voters\" title=\"Voting by special voters.\">Voting by special voters.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Polling_on_islands\" title=\"Polling on islands.\">Polling on islands.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Authorisation_to_vote_at_another_polling_station\" title=\"Authorisation to vote at another polling station.\">Authorisation to vote at another polling station.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Taking_the_poll_at_a_referendum\" title=\"Taking the poll at a referendum.\">Taking the poll at a referendum.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#The_Counting_of_the_Votes\" title=\"The Counting of the Votes\">The Counting of the Votes<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-43\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Arrangements_in_relation_to_the_counting_of_votes\" title=\"Arrangements in relation to the counting of votes.\">Arrangements in relation to the counting of votes.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-44\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Invalid_ballot_papers\" title=\"Invalid ballot papers.\">Invalid ballot papers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-45\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Counting_of_the_votes\" title=\"Counting of the votes.\">Counting of the votes.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-46\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Recount\" title=\"Recount.\">Recount.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-47\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Report_to_the_referendum_returning_officer\" title=\"Report to the referendum returning officer.\">Report to the referendum returning officer.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-48\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Retention_and_disposal_of_documents\" title=\"Retention and disposal of documents.\">Retention and disposal of documents.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-49\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Inspection_of_ballot_papers_etc\" title=\"Inspection of ballot papers etc.\">Inspection of ballot papers etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-50\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#The_provisional_referendum_certificate\" title=\"The provisional referendum certificate.\">The provisional referendum certificate.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-51\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Notification_by_Master_of_the_High_Court\" title=\"Notification by Master of the High Court.\">Notification by Master of the High Court.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-52\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Referendum_Petitions\" title=\"Referendum Petitions\">Referendum Petitions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-53\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Grounds_for_referendum_petition\" title=\"Grounds for referendum petition.\">Grounds for referendum petition.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-54\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Presentation_of_referendum_petition\" title=\"Presentation of referendum petition.\">Presentation of referendum petition.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-55\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Particulars_in_referendum_petition\" title=\"Particulars in referendum petition.\">Particulars in referendum petition.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-56\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Trial_of_referendum_petition\" title=\"Trial of referendum petition.\">Trial of referendum petition.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-57\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Counting_of_votes_afresh\" title=\"Counting of votes afresh.\">Counting of votes afresh.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-58\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Retaking_referendum_in_a_constituency\" title=\"Retaking referendum in a constituency.\">Retaking referendum in a constituency.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-59\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Withdrawal_of_petition\" title=\"Withdrawal of petition.\">Withdrawal of petition.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-60\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Substitution_of_new_petitioner\" title=\"Substitution of new petitioner.\">Substitution of new petitioner.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-61\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Death_of_or_delay_by_a_petitioner\" title=\"Death of or delay by a petitioner.\">Death of or delay by a petitioner.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-62\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Witnesses\" title=\"Witnesses.\">Witnesses.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-63\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Costs_of_referendum_petition\" title=\"Costs of referendum petition.\">Costs of referendum petition.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-64\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Further_provisions_regarding_costs\" title=\"Further provisions regarding costs.\">Further provisions regarding costs.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-65\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Statement_of_case_to_Supreme_Court\" title=\"Statement of case to Supreme Court.\">Statement of case to Supreme Court.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-66\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Service_of_documents\" title=\"Service of documents.\">Service of documents.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-67\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#The_final_order_on_referendum_petition\" title=\"The final order on referendum petition.\">The final order on referendum petition.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-68\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Provisions_in_respect_of_referenda_having_the_same_polling_day\" title=\"Provisions in respect of referenda having the same polling day.\">Provisions in respect of referenda having the same polling day.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-69\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#REFERENDUM_ACT_1998\" title=\"REFERENDUM ACT, 1998\">REFERENDUM ACT, 1998<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-70\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Interpretation-2\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-71\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Establishment_and_membership_of_Commission\" title=\"Establishment and membership of Commission.\">Establishment and membership of Commission.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-72\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Functions_of_Commission\" title=\"Functions of Commission.\">Functions of Commission.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-73\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Consultants_and_advisers\" title=\"Consultants and advisers.\">Consultants and advisers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-74\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Advertisements_etc_by_Commission\" title=\"Advertisements etc., by Commission.\">Advertisements etc., by Commission.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-75\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Submissions_to_Commission_in_relation_to_referendum\" title=\"Submissions to Commission in relation to referendum.\">Submissions to Commission in relation to referendum.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-76\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Declaration_that_body_is_an_approved_body_for_purposes_of_a_referendum\" title=\"Declaration that body is an approved body for purposes of a referendum.\">Declaration that body is an approved body for purposes of a referendum.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-77\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Publication_of_notices_by_Commission\" title=\"Publication of notices by Commission.\">Publication of notices by Commission.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-78\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Obligation_to_provide_information_or_statutory_declaration_if_required\" title=\"Obligation to provide information or statutory declaration if required.\">Obligation to provide information or statutory declaration if required.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-79\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Notification_of_referendum_returning_officer_and_local_returning_officer_of_details_of_approved_body\" title=\"Notification of referendum returning officer and local returning officer of details of approved body.\">Notification of referendum returning officer and local returning officer of details of approved body.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-80\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Appointment_by_approved_body_of_agents_at_a_referendum\" title=\"Appointment by approved body of agents at a referendum.\">Appointment by approved body of agents at a referendum.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-81\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Referendum_petition\" title=\"Referendum petition.\">Referendum petition.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-82\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Advances_to_Commission\" title=\"Advances to Commission.\">Advances to Commission.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-83\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Reports_and_information_to_Minister\" title=\"Reports and information to Minister.\">Reports and information to Minister.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-84\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Amendment_of_Act_of_1994\" title=\"Amendment of Act of 1994.\">Amendment of Act of 1994.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-85\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Provisions_in_relation_to_offences\" title=\"Provisions in relation to offences.\">Provisions in relation to offences.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-86\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#REFERENDUM_ACT_2001\" title=\"REFERENDUM ACT, 2001\">REFERENDUM ACT, 2001<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-87\" href=\"https:\/\/legalblog.ie\/referenda\/2\/#Amendment_of_Referendum_Act_1998\" title=\"Amendment of Referendum Act, 1998.\">Amendment of Referendum Act, 1998.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Article_46\"><\/span>Article 46<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Article 46 of the Constitution provides that any provision of the Constitution may be amended by way of variation, addition or appeal in the manner provided by the Article. It requires that the proposal for referendum must be first passed by the Oireachtas, in the same way as an act.<\/p>\n<p>The amendment only takes effect on ratification by referendum. A referendum is passed if the proposal is approved by a simple majority of voters.<\/p>\n<p>In the early years of the State, there were relatively few referenda. The only referenda between 1937 and 1972 were two which sought to change the electoral system, both of which were rejected. In the last 50 years there have been over thirty referenda.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Challenges_to_Wording\"><\/span>Challenges to Wording<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The courts have been reluctant to interfere with the referendum process. A challenge was made to the 8th amendment (incorporating the so-called right to life of the unborn child) referendum on the basis that the effect of the wording was unclear, so that the voters could not make a clear choice. The High Court rejected this challenge and emphasised that it had no jurisdiction to interfere with referenda. It rationalised that if a voter was dissatisfied with the terms of a referendum or didn&#8217;t understand it, he or she could simply not vote for it.<\/p>\n<p>In a separate challenge to the same referendum, it was argued that the proposed amendment was invalid as the right was already recognised as an unenumerated right by the Supreme Court. It interpreted the making express of an implied right to be neither a variation, addition or appeal.<\/p>\n<p>The High Court stated that it was in no way concerned with the terms of the proposal. This was a matter for the People.<\/p>\n<p>The court was satisfied that a referendum might change the interpretation of a provision of the Constitution by the court. The High Court indicated that if the proposal conflicted with the Constitution, for example by incorporating multiple proposals instead of just one proposal, the courts could interfere and restrain the process.<\/p>\n<p>The Supreme Court in the same case refused to interfere with the process entirely on the basis that it had no jurisdiction to interfere with a Bill other than under the Article 26 procedure.\u00a0 The court implied that it would not intervene in the referendum process as it did not involve review of a law.<\/p>\n<p>A similar view was taken in a challenge to the referendum on the Maastricht Treaty (Treaty on the European Union). The Supreme Court refused to intervene in the process on the basis that a proposal to amend the Constitution cannot be inherently unconstitutional provided it complies with the procedure in the Constitution.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Natural_Law\"><\/span>Natural Law<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In a reference by President Mary Robinson of the Regulation of Information (Service outside the State for Termination of Pregnancies) Bill to the Supreme Court, an argument was made that the amendment to the Constitution on the distribution of such information in Ireland was itself unconstitutional, notwithstanding the Constitutional provision, on the basis that it conflicted with natural law. The courts refused to interfere on the basis that the Constitution is the supreme law of the land and that once an amendment had been passed, it could not interfere with it on the basis of invalidity.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Information_and_Public_Money\"><\/span>Information and Public Money<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 1992 referendum on the Maastricht Treaty (Treaty on the European Union) was challenged by MEP Patricia McKenna on the basis of the failure of the State to provide factual information about the benefits and disadvantages of the Treaty.<\/p>\n<p>In this first McKenna judgement, a challenge was made to the government spending public money on an advertising campaign that advocated a &#8216;yes&#8217; vote on the Treaty on the European Union. The High Court took the view that the government could in principle use public money in supporting a particular vote if it believed it was in the national interest and that there was no requirement for the State or government to provide information to educate the public in the referendum process. It took the view that it was not a matter for the courts to adjudicate on the use of public funds for such purpose. The High Court took the view that the complaint was one done in the political rather than the Constitutional sphere.<\/p>\n<p>In another challenge, Patricia McKenna challenged the spending of public money to advocate supporting the amendment of the Constitution to allow for divorce. The D\u00e1il had allocated half a million pounds to fund a publicity campaign to advocate a &#8216;yes&#8217; vote. The High Court followed the above judgments and did not interfere.<\/p>\n<p>In the Supreme Court, the Chief Justice indicated that because of the importance of the Constitution as the fundamental law of the State and the crucial role of the people in adopting and amending it, any amendment must be in accordance with the Constitutional process. He indicated that the people are entitled to be permitted to reach a decision free from unauthorised interference by the organs of the State.<\/p>\n<p>The Chief Justice said that the use of public funds to fund a campaign to influence the decision was an interference with the democratic process and the Constitutional process for the amendment of the Constitution. It was said to infringe on the concept of equality, which is fundamental to the democratic nature of the state. Other members of the Supreme Court agreed in different terms.<\/p>\n<p>The court indicated that the government was not expected to remain neutral on a referendum. It could spend money informing people. However, it must do so on a non-partisan basis.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"McKenna_Judgment_%E2%80%93_Outcome_Tainted\"><\/span>McKenna Judgment &#8211; Outcome Tainted?<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The decision was given just before the divorce referendum, which was carried by very tight margins. The Supreme Court accepted that the referendum certificate could be challenged in principle if the court was satisfied that the unlawful use of state funds materially affected the outcome.<\/p>\n<p>The Chief Justice indicated that the courts are not entitled to interfere with the will of the people as expressed in the referendum. However, it could intervene to protect the rights of the citizens to exercise their Constitutional rights freely and fairly. The court could interfere only if the result was materially affected by the alleged wrongdoing.<\/p>\n<p>The referendum legislation contemplates such a procedure. In the circumstances, the court was not satisfied that the petition had met the requisite standard of proof. In practice, it is very difficult to show how the impeached actions influence the outcomes.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Broadcasting_Time\"><\/span>Broadcasting Time<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The McKenna principles were applied in another challenge concerning the allocation of political broadcasting time during the divorce referendum. Broadcasting legislation allowed political parties, most of whom were committed to supporting a &#8216;yes&#8217; vote, to have one broadcast each. It allowed one non-party group opposed and one non-party group in favour. Accordingly, the time afforded to the &#8216;yes&#8217; side was considerably greater than that of the null side. The Supreme Court held that RT\u00c9 had acted unconstitutionally.<\/p>\n<p>A further challenge to the divorce referendum on the basis that divorce was unconstitutional was rejected on the grounds that the provision prohibiting unconstitutional legislation is obviously not applicable to a proposal to amend the Constitution in accordance with its terms.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Discretion_to_Government\"><\/span>Discretion to Government<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The same applicant (Mr. Riordan) attempted to challenge the referendum ratifying the British-Irish Agreement on the basis that the amendment was unconstitutional. It contained a number of amendments to give effect to the agreement and it was proposed 0nly to come into effect, upon the government declaring but the State was obliged to give effect to it under the British-Irish agreement.<\/p>\n<p>The Supreme Count did not accept that this was unconstitutional. There is no reason in principle why the Constitution should not enact an amendment with conditions. This was necessary in circumstances where it would only take effect once cross-border bodies and power sharing became effective in Northern Ireland. The case emphasised that the courts would not interfere with the substantive content of an amendment.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Post_Referendum_Act\"><\/span>Post Referendum Act<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The courts appear willing in principle to consider a challenge to a referendum if it contains more than one proposal and therefore potentially breaches Article 46.4. However, the challenges to date have not been found to infringe on this principle.<\/p>\n<p>A challenge was made to the 2002 referendum which proposed in effect to reverse the \u201cX\u201d case. The right to life of the unborn was to be protected in accordance with an Act that was to be passed within 180 days. That Act could then not be subject to amendment other than by referendum.<\/p>\n<p>It was claimed that the proposal should be contained in the amendment itself and not in the form of another act. The High Court did not accept the argument. It indicated that the form of an amendment was entirely open.<\/p>\n<p>Article 46 does not provide that the amendment must be in the relevant act. The Belfast agreement was effectively incorporated in a similar manner and was acceptable. The Supreme Court upheld the above approach.<\/p>\n<p><!--nextpage--><\/p>\n<h2>Irish Constitution<\/h2>\n<h4>AMENDMENT OF THE CONSTITUTION<\/h4>\n<p>ARTICLE 46<\/p>\n<p>1 Any provision of this Constitution may be amended, whether by way of variation, addition, or repeal, in the manner provided by this Article.<\/p>\n<p>2 Every proposal for an amendment of this Constitution shall be initiated in D\u00e1il \u00c9ireann as a Bill, and shall upon having been passed or deemed to have been passed by both Houses of the Oireachtas, be submitted by Referendum to the decision of the people in accordance with the law for the time being in force relating to the Referendum.<\/p>\n<p>3 Every such Bill shall be expressed to be &#8220;An Act to amend the Constitution&#8221;.<\/p>\n<p>4 A Bill containing a proposal or proposals for the amendment of this Constitution shall not contain any other proposal.<\/p>\n<p>5 A Bill containing a proposal for the amendment of this Constitution shall be signed by the President forthwith upon his being satisfied that the provisions of this Article have been complied with in respect thereof and that such proposal has been duly approved by the people in accordance with the provisions of section 1 of Article 47 of this Constitution and shall be duly promulgated by the President as a law.<\/p>\n<h4>THE REFERENDUM<\/h4>\n<p>ARTICLE 47<\/p>\n<p>1 Every proposal for an amendment of this Constitution which is submitted by Referendum to the decision of the people shall, for the purpose of Article 46 of this Constitution, be held to have been approved by the people, if, upon having been so submitted, a majority of the votes cast at such Referendum shall have been cast in favour of its enactment into law.<\/p>\n<p>2 1\u00b0 Every proposal, other than a proposal to amend the Constitution, which is submitted by Referendum to the decision of the people shall be held to have been vetoed by the people if a majority of the votes cast at such Referendum shall have been cast against its enactment into law and if the votes so cast against its enactment into law shall have amounted to not less than thirty-three and one-third per cent. of the voters on the register.<\/p>\n<p>2\u00b0 Every proposal, other than a proposal to amend the Constitution, which is submitted by Referendum to the decision of the people shall for the purposes of Article 27 hereof be held to have been approved by the people unless vetoed by them in accordance with the provisions of the foregoing sub-section of this section.<\/p>\n<p>3 Every citizen who has the right to vote at an election for members of D\u00e1il \u00c9ireann shall have the right to vote at a Referendum.<\/p>\n<p>4 Subject as aforesaid, the Referendum shall be regulated by law.<\/p>\n<h2>REFERENDUM ACT, 1994<\/h2>\n<p>AN ACT TO PROVIDE FOR THE REFERENCE TO THE PEOPLE UNDER ARTICLE 47 OF THE CONSTITUTION OF BILLS CONTAINING PROPOSALS FOR THE AMENDMENT OF THE CONSTITUTION AND FOR THE REFERENCE TO THE PEOPLE UNDER ARTICLE 27 OF THE CONSTITUTION OF OTHER BILLS AND TO PROVIDE FOR MATTERS CONNECTED WITH THE MATTERS AFORESAID. [22nd May, 1994]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>PART I<\/p>\n<p>General<\/p>\n<p>Short title, collective citation and commencement.<\/p>\n<p>1.\u2014(1) This Act may be cited as the Referendum Act, 1994.<\/p>\n<p>(2) Parts II and XXIII (insofar as they relate to referenda) of the Act of 1992 and this Act may be cited together as the Referendum Acts, 1992 and 1994.<\/p>\n<p>(3) This Act (other than this section) shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.<\/p>\n<h4>Interpretation.<\/h4>\n<p>2.\u2014(1) In this Act, except where the context otherwise requires\u2014<\/p>\n<p>\u201cthe Act of 1992\u201d means the Electoral Act, 1992 ;<\/p>\n<p>\u201ca ballot paper\u201d has the meaning assigned to it by section 24 ;<\/p>\n<p>\u201cconstituency\u201d has the meaning assigned to it by section 18 ;<\/p>\n<p>\u201cconstitutional referendum\u201d means a referendum on a proposal for the amendment of the Constitution;<\/p>\n<p>\u201cD\u00e1il\u201d means D\u00e1il \u00c9ireann;<\/p>\n<p>\u201cD\u00e1il election\u201d means an election of a member or members to serve in the D\u00e1il;<\/p>\n<p>\u201celector\u201d means a presidential elector;<\/p>\n<p>\u201cexcluded day\u201d means a day which is a Sunday, Good Friday or a day which is a public holiday within the meaning of the Holidays (Employees) Act, 1973 , or a day which by virtue of a statute or proclamation is a public holiday;<\/p>\n<p>\u201cthe local returning officer\u201d has the meaning assigned to it by section 15 ;<\/p>\n<p>\u201cthe Minister\u201d means the Minister for the Environment;<\/p>\n<p>\u201cthe official mark\u201d has the meaning assigned to it by section 25 ;<\/p>\n<p>\u201cordinary referendum\u201d means a referendum on a proposal other than a proposal for the amendment of the Constitution;<\/p>\n<p>\u201ca personation agent\u201d has the meaning assigned to it by section 26 ;<\/p>\n<p>\u201cthe polling day\u201d has the meaning assigned to it in Part II ;<\/p>\n<p>\u201ca postal voter\u201d means a presidential elector whose name is entered in the postal voters list;<\/p>\n<p>\u201cthe postal voters list\u201d means the list prepared pursuant to section 14 of the Act of 1992 insofar as it relates to presidential electors;<\/p>\n<p>\u201cprescribed\u201d, except in section 23 , means prescribed by the Minister by regulations;<\/p>\n<p>\u201cpresidential elector\u201d means a person entitled to vote at an election of a person to the office of President of Ireland;<\/p>\n<p>\u201creferendum\u201d includes a constitutional referendum and an ordinary referendum;<\/p>\n<p>\u201ca referendum petition\u201d has the meaning assigned to it by section 42 ;<\/p>\n<p>\u201cthe referendum returning officer\u201d has the meaning assigned to it by section 14 ;<\/p>\n<p>\u201cthe register of electors\u201d means the register of presidential electors;<\/p>\n<p>\u201cthe register of presidential electors\u201d has the meaning assigned to it by section 13 of the Act of 1992;<\/p>\n<p>\u201cSeanad\u201d means Seanad \u00c9ireann;<\/p>\n<p>\u201ca special voter\u201d means a presidential elector whose name is entered in the special voters list;<\/p>\n<p>\u201cthe special voters list\u201d means the list prepared pursuant to section 17 of the Act of 1992 insofar as it relates to presidential electors.<\/p>\n<p>(2) In this Act\u2014<\/p>\n<p>(a) a reference to a Part or section is to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended;<\/p>\n<p>(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended;<\/p>\n<p>(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.<\/p>\n<p>(3) For the purpose of the application by virtue of this Act to referenda of certain provisions of the Act of 1992, the said provisions as so applied shall have effect as if\u2014<\/p>\n<p>(a) a reference in that Act to a D\u00e1il elector or an elector was a reference to a presidential elector;<\/p>\n<p>(b) a reference in that Act to a D\u00e1il election or an election was a reference to a referendum;<\/p>\n<p>(c) a reference in that Act to the register of D\u00e1il electors or the register of electors was a reference to the register of presidential electors;<\/p>\n<p>(d) a reference in that Act to a returning officer was a reference to a local returning officer;<\/p>\n<p>(e) a reference in that Act to the Act of 1992 was a reference to this Act, including the provisions of that Act applied to referenda by this Act;<\/p>\n<p>(f) the reference in section 67 of the said Act to section 60 thereof was a reference to section 26 and \u201cof the candidates\u201d was deleted;<\/p>\n<p>(g) the references in section 68 of the said Act to \u201ceach candidate\u201d were references to each member of the D\u00e1il for the constituency and each member of the Seanad resident in the constituency concerned and \u201cif the election is contested\u201d was deleted;<\/p>\n<p>(h) the references in section 73 of the said Act to \u201ceach candidate\u201d were references to each member of the D\u00e1il for the constituency and each member of the Seanad resident in the constituency concerned;<\/p>\n<p>(i) in section 74 of the said Act \u201can agent\u201d was substituted for \u201cthe agent of a candidate\u201d;<\/p>\n<p>(j) in section 76 of the said Act the reference to section 129 thereof was a reference to section 38 , the references in the said section 76 to the Clerk of the D\u00e1il were references to the referendum returning officer and \u201cof the candidates\u201d was deleted;<\/p>\n<p>(k) in section 81 of the said Act \u201che receives from the referendum returning officer a copy of the Minister&#8217;s order appointing the polling day at the referendum\u201d was substituted for \u201cthe adjournment of the D\u00e1il election for the purpose of taking a poll\u201d;<\/p>\n<p>(l) in section 85 of the said Act the reference to \u201cthe notice of poll under section 87\u201d was a reference to the notice of the taking of the referendum under section 21 ;<\/p>\n<p>(m) in section 95 of the said Act \u201ca member of the D\u00e1il for the constituency and any member of the Seanad\u201d was substituted for \u201ca person in respect of whom he is satisfied that that person has a bona fide interest in the D\u00e1il election as either a candidate or a prospective candidate, or the agent of such a person\u201d;<\/p>\n<p>(n) in section 98 of the said Act the following was substituted for paragraph (c)\u2014<\/p>\n<p>\u201c(c) a member of the D\u00e1il for the constituency and any member of the Seanad,\u201d;<\/p>\n<p>and \u201cby or on behalf of the candidates\u201d in paragraph (d) was deleted;<\/p>\n<p>(o) in section 101 of the said Act the reference to sections 38 and 64 thereof was a reference to section 28 and the reference to section 79 thereof was a reference to section 29 and the reference to sections 99 and 100 was a reference to section 31 ;<\/p>\n<p>(p) in section 103 of the said Act subparagraph (iii) of subsection (4) was deleted and \u201cAre you a personation agent at this referendum?\u201d was substituted for subparagraph (iv) of the said subsection and in subsection (7) \u201cproposal stated therein\u201d was substituted for \u201cparticulars stated in respect of each candidate\u201d and in subsection (9) \u201cmember of the D\u00e1il or Seanad or a personation agent at the referendum\u201d was substituted for \u201ccandidate or agent of a candidate at that election\u201d;<\/p>\n<p>(q) in section 106 of the said Act \u201cany particular result at the referendum\u201d was substituted for \u201cthe candidature of a particular person or persons or of members of a political party\u201d;<\/p>\n<p>(r) in section 108 of the said Act, the reference to sections 56, 62 and 63 thereof was deleted and the reference to section 96 thereof was a reference to section 13 ;<\/p>\n<p>(s) in section 110 of the said Act, the reference to sections 99 and 100 thereof was a reference to section 31 ;<\/p>\n<p>(t) in section 111 (1) of the said Act, \u201cand section 31 of the Referendum Act, 1994\u201d was inserted after \u201csection\u201d;<\/p>\n<p>(u) in sections 112 and 114 of the said Act the reference to Part XIX thereof was a reference to Part III ;<\/p>\n<p>(v) in section 113 of the said Act the references to \u201ceach candidate\u201d were references to each member of the D\u00e1il for the constituency and each member of the Seanad resident in the constituency and \u201cof the candidates\u201d in subsections (2) and (3) was deleted;<\/p>\n<p>(w) in section 114 of the said Act \u201cof the candidates\u201d was deleted and \u201cany agent present\u201d was substituted for \u201cthe agent of any candidate\u201d;<\/p>\n<p>(x) in section 115 of the said Act \u201cmay consider expedient\u201d was substituted for \u201cand the candidates otherwise agree\u201d;<\/p>\n<p>(y) in section 117 of the said Act \u201cAny person, other than the returning officer, his assistants and clerks\u201d was substituted for \u201cCandidates or their agents\u201d;<\/p>\n<p>(z) in section 134 of the said Act the reference to section 68 thereof was a reference to section 28 ;<\/p>\n<p>(aa) in section 135 of the said Act paragraphs (c) and (d) of subsection (1) and \u201cthe election of any person or\u201d in paragraphs (a) and (b) of the said subsection were deleted;<\/p>\n<p>(bb) in section 136 of the said Act paragraphs (b) and (c) and \u201cfor a particular person or\u201d in paragraph (a) were deleted;<\/p>\n<p>(cc) in section 137 of the said Act \u201cmanner in which\u201d was substituted for \u201ccandidate for whom\u201d in each place where the expression occurs and for \u201cname of the candidate for whom\u201d in subsection (4) (c);<\/p>\n<p>(dd) in section 138 of the said Act paragraph (h) and \u201cnomination paper or any certificate of political affiliation or any\u201d in paragraph (g) were deleted, and in the said paragraph (g) \u201c section 31 \u201d was substituted for \u201csection 99 or section 100\u201d;<\/p>\n<p>(ee) in section 139 of the said Act the reference to a period of time was a reference to the period commencing on the date of the order appointing the polling day and ending on the publication in Iris Oifigi\u00fail of the provisional referendum certificate;<\/p>\n<p>(ff) in section 140 of the said Act \u201ca particular result\u201d was substituted for \u201cthe candidature of any candidate\u201d;<\/p>\n<p>(gg) in sections 140 and 144 of the said Act the references to a returning officer were a reference to the referendum returning officer and a local returning officer;<\/p>\n<p>(hh) in section 144 of the said Act \u201cat the referendum or is actively associated in furthering any particular result at the referendum\u201d was substituted for \u201cfor any candidate at that election or who is actively associated in furthering the candidature of any candidate or promoting the interests of any political party at the election\u201d;<\/p>\n<p>(ii) in section 145 of the said Act \u201cnomination of candidates or the\u201d was deleted;<\/p>\n<p>(jj) in section 147 of the said Act \u201cany particular result at the referendum\u201d was substituted for \u201cthe interest of a political party or furthering the candidature of a candidate or candidates or soliciting votes for a candidate or candidates\u201d in subsection (2) and \u201cfor a candidate or candidates or vote\u201d in paragraph (b) of that subsection was deleted;<\/p>\n<p>(kk) in section 148 of the said Act the reference to section 96 thereof was a reference to section 13 ;<\/p>\n<p>(ll) in section 153 of the said Act \u201cAny person, other than the returning officer, his assistants and clerks,\u201d was substituted for \u201cA candidate or the agent of a candidate\u201d;<\/p>\n<p>(mm) in section 154 of the said Act the reference to section 130 thereof was a reference to section 39 ;<\/p>\n<p>(nn) in section 155 of the said Act \u201cor the cesser of membership of the D\u00e1il\u201d was deleted and a reference to section 49 was substituted for the reference to Rule 8 of the Third Schedule thereof;<\/p>\n<p>(oo) in section 156 of the said Act \u201cthe decision of the court\u201d was construed as meaning the final order of the High Court on the trial of a referendum petition;<\/p>\n<p>(pp) in section 157 of the said Act the reference to section 133 thereof was deleted; and<\/p>\n<p>(qq) in section 160 of the said Act \u201cor that a particular person was a candidate thereat\u201d was deleted;<\/p>\n<p>and with any other necessary modifications.<\/p>\n<h4>Regulations.<\/h4>\n<p>3.\u2014(1) The Minister may make regulations prescribing any matter or thing that is referred to in this Act, other than in section 23 , as prescribed.<\/p>\n<p>(2) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.<\/p>\n<h4>Expenses.<\/h4>\n<p>4.\u2014(1) The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.<\/p>\n<p>(2) The expenses incurred by reason of this Act by An Post shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of the Central Fund or the growing produce thereof.<\/p>\n<p>Repeals.<\/p>\n<p>5.\u2014The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.<\/p>\n<h4>Application of certain provisions of Part XXII of Act of 1992.<\/h4>\n<p>6.\u2014The provisions of sections 134 to 140, 144 to 150 and 152 to 160 of the Act of 1992 shall, subject to the modifications specified in section 2 (3), apply and have effect in relation to referenda.<\/p>\n<h4>Secrecy.<\/h4>\n<p>7.\u2014A person who at a referendum is\u2014<\/p>\n<p>(a) present at the issue of ballot papers to postal voters,<\/p>\n<p>(b) present while a special voter is voting,<\/p>\n<p>(c) present at the opening of postal ballot boxes,<\/p>\n<p>(d) admitted to a polling station in any capacity, or<\/p>\n<p>(e) present in any capacity at the counting of the votes,<\/p>\n<p>shall maintain, and aid in maintaining the secrecy of the ballot.<\/p>\n<h4>Prohibition of disclosure of vote.<\/h4>\n<p>8.\u2014A person who has voted at a referendum shall not in any legal proceedings be required to state how he voted.<\/p>\n<p>Publication of notices.<\/p>\n<p>9.\u2014Any public notice required by this Act to be given by the referendum returning officer or a local returning officer may be given by any method which the returning officer concerned thinks necessary or desirable for the purpose of bringing to the attention of the public the matter the subject of the requirement.<\/p>\n<p>PART II<\/p>\n<h4>Taking a Referendum<\/h4>\n<p>The polling day at a constitutional referendum.<\/p>\n<p>10.\u2014(1) Whenever a Bill containing a proposal for the amendment of the Constitution shall have been passed or deemed to have been passed by both Houses of the Oireachtas the Minister shall by order appoint the day (in this Act referred to as \u201cthe polling day\u201d) upon which and the period during which the poll at the referendum on such proposal shall be taken.<\/p>\n<p>(2) Subject to section 11 , the polling day shall be not less than thirty days and not more than ninety days after the date of the order.<\/p>\n<p>(3) Every order under this section shall be published in Iris Oifigi\u00fail as soon as may be after it is made.<\/p>\n<p>(4) On such a Bill being passed or deemed to have been passed by both Houses the Clerk of the D\u00e1il shall forthwith inform the Minister accordingly.<\/p>\n<h4>Power to appoint the same polling day for a general election and a constitutional referendum.<\/h4>\n<p>11.\u2014(1) Whenever a Bill containing a proposal for the amendment of the Constitution shall have been passed, or deemed to have been passed, by both Houses of the Oireachtas, and D\u00e1il \u00c9ireann is dissolved before the Minister has made under section 10 an order appointing the polling day at the referendum on such proposal, the Minister may (notwithstanding anything contained in the said section 10 ) by order under that section appoint the polling day at the general election consequent on such dissolution of D\u00e1il \u00c9ireann to be the polling day at the referendum.<\/p>\n<p>(2) Whenever a Bill containing a proposal for the amendment of the Constitution shall have been passed, or deemed to have been passed, by both Houses of the Oireachtas, and D\u00e1il \u00c9ireann is dissolved after the Minister has made an order (in this subsection referred to as the original order) under section 10 in relation to the referendum on such proposal and before the polling day appointed by that order, the Minister may by order amend the original order by substituting the day which is the polling day at the general election consequent on the dissolution of D\u00e1il \u00c9ireann for the day named in the original order as the polling day at the referendum.<\/p>\n<h4>The polling day at an ordinary referendum.<\/h4>\n<p>12.\u2014(1) Whenever\u2014<\/p>\n<p>(a) the Taoiseach is informed in accordance with Article 27 of the Constitution that the President has decided that a Bill to which that Article applies contains a proposal of such national importance that the will of the people thereon ought to be ascertained, and<\/p>\n<p>(b) the Government determine that a referendum for the purpose of ascertaining the will of the people on the proposal shall be taken,<\/p>\n<p>the Minister shall by order appoint the day (in this Act referred to as \u201cthe polling day\u201d) upon which and the period during which the poll at the referendum shall be taken.<\/p>\n<p>(2) The polling day appointed by an order under this section shall be not less than thirty days and not more than ninety days after the date of the order.<\/p>\n<p>(3) Whenever the Government determine that an ordinary referendum shall be taken, the Government shall cause notice of the determination to be published in Iris Oifigi\u00fail, and such publication shall be conclusive evidence of the determination.<\/p>\n<p>(4) Every order made by the Minister under this section shall be published in Iris Oifigi\u00fail as soon as may be after it is made.<\/p>\n<h4>Times of poll.<\/h4>\n<p>13.\u2014The poll at a referendum shall\u2014<\/p>\n<p>(a) be taken on such day as shall be appointed for this purpose by order of the Minister under this Act, and<\/p>\n<p>(b) shall continue for such period, not being less than 12 hours, between the hours of 8 a.m. and 10.30 p.m., as may be appointed by the said order, subject to the restriction that the same day and the same period shall be so appointed for all constituencies.<\/p>\n<h4>The referendum returning officer.<\/h4>\n<p>14.\u2014(1) Not later than the day on which an order appointing the polling day at a referendum is made, the Minister shall appoint a person to be the returning officer (in this Act referred to as \u201cthe referendum returning officer\u201d) for the purposes of the referendum.<\/p>\n<p>(2) Where the referendum returning officer is prevented by illness or other reasonable cause from performing all or any of his duties at the referendum, the Minister shall appoint a person to act as a referendum returning officer for the performance of those duties during the period of the prevention and references in this Act to the referendum returning officer shall be construed accordingly.<\/p>\n<p>(3) It shall be the duty of the referendum returning officer to conduct the referendum for the purposes of which the officer is appointed, to ascertain and declare the result thereof in accordance with this Act, and to do such other acts and things in respect of the referendum as are required by this Act.<\/p>\n<p>(4) There shall be charged on and paid out of the Central Fund or the growing produce thereof to the referendum returning officer such sums as the Minister for Finance shall sanction for that officer&#8217;s services and expenses in respect of the referendum for the purposes of which the officer is appointed.<\/p>\n<p>(5) For the purpose of payment for such services and expenses, an account of them shall be submitted by the referendum returning officer to the Minister for Finance and the Minister for Finance may issue directions as to the time when and the manner and form in which the account shall be so submitted.<\/p>\n<p>(6) The Minister for Finance may make an advance to the referendum returning officer for the officer&#8217;s services and expenses on such terms as that Minister thinks fit.<\/p>\n<p>(7) The appointment of a referendum returning officer for the purposes of a referendum shall be deemed to extend to and include appointment for the purposes of any retaking of the referendum pursuant to section 48 .<\/p>\n<h4>Local returning officers.<\/h4>\n<p>15.\u2014(1) The person who would be the returning officer at a D\u00e1il election in a constituency shall be the returning officer (in this Act referred to as \u201cthe local returning officer\u201d) in that constituency for the purposes of a referendum.<\/p>\n<p>(2) Where the person referred to in subsection (1) is prevented by illness or other reasonable cause from performing all or any of the duties of a local returning officer or where a vacancy occurs in an office by virtue of which a person would be the returning officer at a D\u00e1il election, the Minister shall appoint a person to act as local returning officer for the constituency concerned during the period of the prevention or vacancy, as the case may be.<\/p>\n<p>(3) It shall be the duty of the local returning officer for a constituency to take the poll at the referendum in the constituency and to count the votes cast thereat and to do such acts and things as may be necessary for effectually taking the poll and counting the votes in the constituency in accordance with this Act.<\/p>\n<p>(4) Where at a referendum the same person is local returning officer for two or more constituencies, the person shall\u2014<\/p>\n<p>(a) in case those constituencies are two and not more, appoint, in respect of one of them, a deputy local returning officer to open the ballot boxes and count the votes;<\/p>\n<p>(b) in any other case, appoint, in respect of each of the constituencies (except one), a deputy local returning officer to open the ballot boxes and count the votes.<\/p>\n<p>(5) The duties of a deputy local returning officer appointed under subsection (4) shall include the determination of the result of the poll in the constituency concerned and the furnishing to the referendum returning officer of the report referred to in section 37 .<\/p>\n<p>(6) An appointment under subsection (4) may be revoked by the local returning officer and, where an appointment is so revoked or the deputy local returning officer dies, resigns or becomes incapable of acting during the referendum, another deputy local returning officer shall be appointed in accordance with the said subsection (4).<\/p>\n<p>(7) Where pursuant to section 30 (2) of the Act of 1992 a person has been appointed as assistant returning officer for a part of a constituency, that person shall be the assistant local returning officer for the purposes of a referendum in that part of the constituency.<\/p>\n<p>(8) An assistant local returning officer shall perform, in the part of the constituency for which the appointment is made, such of the duties of the local returning officer for the constituency as that officer is not required by law to perform in person but, if any doubt arises as to the duties of an assistant local returning officer, the doubt shall be determined by the Minister.<\/p>\n<p>(9) References in this Act to local returning officers shall, where appropriate, include references to assistant, deputy and acting local returning officers.<\/p>\n<h4>Expenses of local returning officers.<\/h4>\n<p>16.\u2014(1) The Minister for Finance shall prepare a scale of maximum charges for local returning officers and every local returning officer shall be paid by the said Minister out of the Central Fund or the growing produce thereof the officer&#8217;s reasonable charges, in respect of services and expenses in relation to a referendum, not exceeding the maximum charges specified in the scale prepared under this section and applying for the time being.<\/p>\n<p>(2) For the purpose of the payment of such charges, an account of them shall be submitted by a local returning officer to the Minister for Finance and the Minister for Finance may issue to local returning officers directions as to the time when and the manner and form in which the account shall be so submitted.<\/p>\n<p>(3) On the request of a local returning officer for an advance on account of the officer&#8217;s charges, the Minister for Finance may, on such terms as the said Minister thinks fit, make such an advance.<\/p>\n<p>(4) The Minister for Finance may, before payment of a local returning officer&#8217;s charges under this section, apply to a judge of the Circuit Court having jurisdiction in any part of the constituency concerned for the taxation of the account submitted by the local returning officer and the judge shall tax the account and determine the amount payable there under.<\/p>\n<p>(5) The taxation under this section of the account of a local returning officer shall, if the judge so decides on the application of the officer, include the determination of any claim made against the officer in respect of any matter charged for in the account.<\/p>\n<h4>Statement by registration authorities of number of presidential electors.<\/h4>\n<p>17.\u2014(1) Not later than five days before the polling day at an ordinary referendum, every registration authority shall furnish to the referendum returning officer a statement in writing of the number of presidential electors registered in the register of presidential electors in force on the polling day in each constituency or portion of a constituency contained in their registration area.<\/p>\n<p>(2) In this section \u201cregistration authority\u201d and \u201cregistration area\u201d have the same meanings, respectively, as in Part II of the Act of 1992 and the \u201cregister of presidential electors\u201d shall include any supplement to the register published under section 15 of that Act and having effect in relation to such referendum.<\/p>\n<h4>Constituencies.<\/h4>\n<p>18.\u2014(1) For the purpose of taking the poll at a referendum, the State shall be deemed to be divided into the same constituencies as those into which it is for the time being divided for the purpose of D\u00e1il elections and the poll shall be taken separately in each such constituency.<\/p>\n<p>(2) The Minister may, if satisfied that it is appropriate so to do, by order, made not later than the date on which the order appointing the polling day at a referendum is made, provide that for the purpose of the referendum concerned each county and each county borough shall be deemed to be a constituency for the purpose of D\u00e1il elections and, as respects a referendum for the purpose of which the order is in force\u2014<\/p>\n<p>(a) the poll shall be taken separately in each county and each county borough;<\/p>\n<p>(b) each voter at the poll shall vote in the constituency in which the voter would be entitled to vote at a D\u00e1il election if each county and each county borough in the State were a constituency for such election;<\/p>\n<p>(c) the local returning officer shall be\u2014<\/p>\n<p>(i) in the case of the county of Cork, the counties of South Dublin, Fingal and D\u00fan Laoghaire-Rathdown, the county borough of Cork and the county borough of Dublin, the appropriate sheriff, and<\/p>\n<p>(ii) in any other case, the county registrar for the county or county borough concerned;<\/p>\n<p>and<\/p>\n<p>(d) in this Act (other than this subsection)\u2014<\/p>\n<p>(i) references to a constituency shall be construed in accordance with the order, and<\/p>\n<p>(ii) references to a member of the D\u00e1il for the constituency shall be construed as references to a member of the D\u00e1il for any constituency situate wholly or partly within the county or county borough and references to a member of the Seanad resident in the constituency shall be construed as references to a member of the Seanad resident in the county or county borough.<\/p>\n<p>(3) An order under this section shall be published in Iris Oifigi\u00fail as soon as may be after it is made.<\/p>\n<h4>Polling districts and polling places.<\/h4>\n<p>19.\u2014For the purpose of the poll at a referendum each constituency shall be deemed to be divided into the same polling districts as those into which it is for the time being divided for the purpose of D\u00e1il elections and the places which are for the time being appointed as polling places in each such polling district for the purpose of D\u00e1il elections shall be the polling places for the purpose of taking the poll at a referendum and references in this Act to polling districts and polling places shall be construed accordingly.<\/p>\n<h4>Notice to local returning officers.<\/h4>\n<p>20.\u2014As soon as practicable after the making by the Minister of an order appointing the polling day at a referendum the referendum returning officer shall send to every local returning officer a copy of the order and a copy of the Bill containing the proposal which is the subject of the referendum.<\/p>\n<h4>Notice of the taking of the referendum.<\/h4>\n<p>21.\u2014Every local returning officer shall, as soon as practicable after receiving from the referendum returning officer a copy of the order appointing the polling day at a referendum, give public notice in the form directed by the Minister of\u2014<\/p>\n<p>(a) the taking of the referendum to which the order relates,<\/p>\n<p>(b) the short title of the Bill containing the proposal which is the subject of the referendum,<\/p>\n<p>(c) the post offices at which copies of the Bill may be inspected and purchased, and<\/p>\n<p>(d) the day on which and the hours during which the poll will be taken.<\/p>\n<h4>Copies of Bill to be made available at post offices.<\/h4>\n<p>22.\u2014(1) An Post shall cause copies of the Bill containing the proposal which is the subject of the referendum to be made available for inspection and purchase by members of the public at such post offices as shall be agreed upon between the Minister and An Post at all times at which such post offices are open during the period commencing on the fifth day after the date of the order appointing the polling day and ending on the polling day.<\/p>\n<p>(2) Any member of the public shall be entitled to inspect free of charge a copy of the said Bill, and to purchase a copy thereof at a price (if any) fixed by An Post, with the consent of the Minister, at any post office at which it is made available for such inspection in pursuance of this section during any time at which it is so made available.<\/p>\n<h4>Statement for the information of voters.<\/h4>\n<p>23.\u2014(1) At a referendum a statement in relation to the proposal which is the subject of the referendum may be prescribed for the information of voters by resolution of each House of the Oireachtas and, where a statement is so prescribed\u2014<\/p>\n<p>(a) a polling information card sent under section 92 of the Act of 1992 (as applied by section 32 ) shall contain a copy of the statement;<\/p>\n<p>(b) copies of the statement shall also be sent by the local returning officer for a constituency to every elector whose name is on the register of presidential electors for such constituency and is on the postal voters list for such constituency at the same time as the ballot paper for the poll at the referendum is sent to the elector;<\/p>\n<p>(c) copies of the statement shall also be sent by the local returning officer for a constituency to every elector whose name is on the register of presidential electors for such constituency and is on the special voters list for such constituency and shall be so sent in sufficient time to be delivered to the elector before the delivery of the ballot paper to the elector;<\/p>\n<p>(d) copies of the statement shall be displayed by a presiding officer in and in the precincts of the polling station: Provided that the referendum shall not be invalidated by reason of any failure to display such copies in or in the precincts of any polling station.<\/p>\n<p>(2) Where a statement is prescribed under subsection (1) in relation to a referendum, in applying section 103 of the Act of 1992 (as applied by section 32 ) the following subsection shall be substituted for subsection (7):<\/p>\n<p>\u201c(7) (a) Where a ballot paper is to be marked pursuant to subsection (5), the presiding officer may assist the voter by reading out in full from the ballot paper the proposal stated therein and asking the voter \u201cDo you approve of or do you object to that proposal becoming law?\u201d and shall then, unless it is a case to which paragraph (b) of this subsection applies, mark the ballot paper in accordance with the answer of the voter, but the presiding officer shall not act on any written instruction.<\/p>\n<p>(b) Where the voter fails to understand the import of the said question, or does not answer the question the presiding officer\u2014<\/p>\n<p>(i) shall read out to the voter the statement prescribed pursuant to section 23 (1) of the Referendum Act, 1994,<\/p>\n<p>(ii) shall then ask the voter \u201cWhich do you wish to do\u2014to vote in favour of the proposal in that Bill or to vote against the proposal?\u201d, and<\/p>\n<p>(iii) shall then mark the ballot paper in accordance with the answer of the voter, but shall not act on any written instructions.\u201d.<\/p>\n<h4>Ballot papers.<\/h4>\n<p>24.\u2014(1) At a constitutional referendum\u2014<\/p>\n<p>(a) every ballot paper shall be in the form set out in Part I of the Second Schedule to this Act, and<\/p>\n<p>(b) the proposal which is the subject of the referendum shall be stated on the ballot paper by citing by its short title the Bill containing such proposal passed or deemed to have been passed by both Houses of the Oireachtas.<\/p>\n<p>(2) At an ordinary referendum every ballot paper shall be in the form set out in Part II of the Second Schedule to this Act, and it shall contain a reference to the Bill or the portion of the Bill containing the proposal which is the subject of the referendum.<\/p>\n<p>(3) Where the same day is the polling day at two or more referenda separate ballot papers shall be issued for each referendum.<\/p>\n<p>(4) (a) At a referendum the Minister may, by order, provide for the entry at the beginning of the front of the ballot paper to be used at the referendum of a heading indicative of the proposal which is the subject of the referendum and the referendum returning officer shall cause such heading to be printed on the ballot papers.<\/p>\n<p>(b) Where an order under this subsection is proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.<\/p>\n<p>(5) (a) The ballot papers shall be numbered consecutively on the back and the back of the counterfoil attached to each ballot paper shall bear the same number.<\/p>\n<p>(b) The numbers on the ballot papers shall be printed in the smallest characters compatible with legibility and shall be printed on or about the centre of the paper.<\/p>\n<p>(c) Apart from anything permitted by the form set out in the said Second Schedule nothing shall appear on the ballot paper except in accordance with the provisions of this section.<\/p>\n<p>(6) It shall be the duty of the referendum returning officer to arrange for the printing and procuring of a sufficient quantity of ballot papers and to supply as soon as practicable to every local returning officer such numbers of ballot papers as that officer reasonably requires.<\/p>\n<h4>The official mark.<\/h4>\n<p>25.\u2014(1) A ballot paper shall at the time of issue be marked with an official mark (in this Act referred to as \u201cthe official mark\u201d), which shall be either embossed or perforated so as to be visible on both sides of the paper and the local returning officer shall provide a sufficient number of marking instruments for this purpose.<\/p>\n<p>(2) The local returning officer shall ensure that the official mark is kept secret before the taking of the poll and that any particular mark is not used at two consecutive referenda (other than referenda the polls at which are taken on the same day) in the constituency.<\/p>\n<h4>Provisions as to agents.<\/h4>\n<p>26.\u2014(1) A member of the D\u00e1il for the constituency and any member of the Seanad may appoint agents to be present\u2014<\/p>\n<p>(a) at the issue of ballot papers to postal voters,<\/p>\n<p>(b) at the opening of the postal ballot boxes, and<\/p>\n<p>(c) at the counting of the votes.<\/p>\n<p>(2) Subject to the provisions of subsection (3), the number of agents who may be appointed to be present on behalf of a member of the D\u00e1il or the Seanad shall be fixed by the local returning officer, so, however, that the same number shall be allowed on behalf of every member.<\/p>\n<p>(3) A member of the D\u00e1il for the constituency and any member of the Seanad may appoint one person (in this Act referred to as \u201ca personation agent\u201d) to be present as his agent in each polling station for the purpose of assisting in the detection of personation, and such appointment shall be in writing.<\/p>\n<p>(4) An appointment under this section may be revoked by the person by whom it was made.<\/p>\n<p>(5) A member of the D\u00e1il for the constituency and a member of the Seanad shall, not later than the time for the commencement of the issue of ballot papers to postal voters, give written notice to the local returning officer for the constituency of the name and address of every agent appointed by that member to be present at the said issue and the local returning officer may refuse to admit to the place where the ballot papers are to be issued any agent whose name and address have not been so notified.<\/p>\n<p>(6) A member of the D\u00e1il for the constituency and a member of the Seanad shall, not less than two days (disregarding any excluded day) before the polling day, give written notice to the local returning officer for the constituency concerned of the name and address of every personation agent appointed by that member together with the name of the polling station for which the personation agent is appointed. A personation agent appointed in accordance with this section and whose name and address have been duly notified to the local returning officer shall be entitled to be present in the polling station referred to in the notification during the period commencing 30 minutes before the time fixed by the Minister for the commencement of the poll and ending when the ballot boxes have been sealed by the presiding officer pursuant to section 110 of the Act of 1992 (as applied by section 32 ) and the documents and materials specified in that section have been placed in sealed packets.<\/p>\n<p>(7) A member of the D\u00e1il for the constituency and a member of the Seanad shall, not less than two days (disregarding any excluded day) before the polling day, give written notice to the local returning officer for the constituency concerned of the name and address of every agent appointed by that member to be present at the opening of the postal ballot boxes and the local returning officer may refuse to admit to the place where the postal ballot boxes are to be opened any agent whose name and address have not been so notified.<\/p>\n<p>(8) A member of the D\u00e1il for the constituency and a member of the Seanad shall not less than two days (disregarding any excluded day) before the polling day, give written notice to the local returning officer for the constituency concerned of the name and address of every agent appointed by that member to be present at the counting of the votes and the local returning officer may refuse to admit to the place where the votes are to be counted any agent whose name and address have not been so notified.<\/p>\n<p>(9) Where the appointment of an agent under this section is revoked or an agent appointed under this section dies, resigns or becomes incapable of acting during a referendum, another person may be appointed under this section in place of such agent and, where such an appointment is made, the person making the appointment shall forthwith give written notice of the name and address of the agent appointed to the local returning officer for the constituency concerned.<\/p>\n<p>(10) A member of the D\u00e1il for the constituency and a member of the Seanad may lawfully do or assist in the doing of any thing which may lawfully be done on the member&#8217;s behalf by an agent appointed under this section and may be present (in addition to, or in substitution for any such agent) at any place at which any such agent may, pursuant to this Act, be present.<\/p>\n<p>(11) Any thing required by this Act to be done in the presence of an agent shall not be invalidated by reason only of the agent&#8217;s not being present at the time and place appointed for doing such thing.<\/p>\n<p>(12) Where the polling day at a constitutional referendum is also the polling day at a general election\u2014<\/p>\n<p>(a) the powers conferred by this section on a member of the D\u00e1il shall be exercisable by any person who was a member of the D\u00e1il for the constituency concerned immediately before the dissolution which occasioned such general election, and<\/p>\n<p>(b) (i) every person appointed under section 60 of the Act of 1992 to be a personation agent for the purposes of such general election at a polling station shall be deemed to have been appointed under this section to be a personation agent at such polling station for the purposes of such referendum and the provisions of this Act shall apply to the person accordingly,<\/p>\n<p>(ii) every person appointed under this section to be a personation agent for the purposes of the referendum at a polling station shall be deemed to have been appointed under section 60 of the Act of 1992 to be a personation agent at such polling station for the purposes of such general election and the provisions of the Act of 1992 shall apply to the person accordingly.<\/p>\n<h4>Officers not to act as agents.<\/h4>\n<p>27.\u2014(1) The referendum returning officer, a local returning officer or a person employed by either of them for any purpose relating to a referendum shall not act as an agent for a member of the D\u00e1il or a member of the Seanad at that referendum and shall not be associated in furthering any particular result at the referendum.<\/p>\n<p>(2) The referendum returning officer or a local returning officer shall not employ in any capacity for the purposes of a referendum a person who has been employed by any other person in or about the referendum or has been associated in furthering any particular result at the referendum.<\/p>\n<h4>Voting by postal voters.<\/h4>\n<p>28.\u2014(1) Every presidential elector whose name is, at the time of a referendum, in the postal voters list for a constituency (in this Act referred to as \u201ca postal voter\u201d) shall be entitled to vote in that constituency at the poll at the referendum by sending a ballot paper by post to the local returning officer for the constituency and shall not be entitled to vote at the referendum in any other manner.<\/p>\n<p>(2) The local returning officer for a constituency shall, as soon as practicable after receiving from the referendum returning officer a copy of the Minister&#8217;s order appointing the polling day at the referendum, send to each postal voter for the constituency a ballot paper and a form of receipt for such ballot paper in the form directed by the Minister and, if the ballot paper duly marked by the said postal voter and accompanied by the said receipt duly signed by the voter is received by the local returning officer before the close of the poll, it shall be counted by the local returning officer and treated for all purposes in the same manner as a ballot paper placed in a ballot box in the ordinary way at the taking of the poll.<\/p>\n<p>(3) The provisions of sections 65 to 76 of the Act of 1992 shall, subject to the modifications specified in section 2 (3), apply and have effect in relation to postal voting at a referendum and, in sending out, receiving and otherwise dealing with the ballot papers of postal voters the local returning officer shall comply with the provisions of those sections.<\/p>\n<p>(4) The notices required to be given pursuant to sections 68 and 73 of the Act of 1992 (as applied by subsection (3)) shall be given to each member of the D\u00e1il for the constituency and each member of the Seanad resident in the constituency.<\/p>\n<p>(5) A reference to an agent in any of the sections of the Act of 1992 referred to in subsection (3) shall be deemed to include a reference to each member of the D\u00e1il for the constituency and any member of the Seanad and any person appointed by such member to be present at the issue of ballot papers to postal voters or the opening of postal voters ballot boxes.<\/p>\n<h4>Voting by special voters.<\/h4>\n<p>29.\u2014(1) Every presidential elector whose name is, at the time of a referendum, in the special voters list for a constituency (in this Act referred to as \u201ca special voter\u201d) shall be entitled to vote in that constituency at the poll at the referendum in the manner described in section 82 of the Act of 1992 and shall not be entitled to vote in any other manner.<\/p>\n<p>(2) The provisions of sections 78 and 80 to 84 of the Act of 1992 shall, subject to the modifications specified in section 2 (3), apply and have effect in relation to voting by special voters at a referendum and, in delivering, receiving and otherwise dealing with the ballot papers of special voters, the local returning officer shall comply with the provisions of those sections.<\/p>\n<h4>Polling on islands.<\/h4>\n<p>30.\u2014The provisions of sections 85 and 86 of the Act of 1992 shall, subject to the modifications specified in section 2 (3), apply and have effect in relation to the taking of the poll at a referendum at a polling station situate on an island.<\/p>\n<h4>Authorisation to vote at another polling station.<\/h4>\n<p>31.\u2014(1) Where an elector is employed by a local returning officer for any purpose in connection with a referendum and the circumstances of the elector&#8217;s employment are, in the opinion of the local returning officer, such as to prevent the elector from voting at the polling station at which the elector would otherwise be entitled to vote, the elector may, if so authorised in writing by the local returning officer in such form as may be directed by the Minister, vote at such polling station in the constituency in which the elector is so employed as may be specified in the authorisation.<\/p>\n<p>(2) Where not less than 7 days before polling day at a referendum, an elector whose name is not on the postal voters list or the special voters list, satisfies the local returning officer that the elector is unable, by reason of that elector&#8217;s physical illness or physical disability, to vote at the polling station at which the elector would otherwise be entitled to vote and the local returning officer is of opinion that it would be more convenient for the elector because of that physical illness or physical disability to vote at another polling station in the same constituency, the elector may, if so authorised in writing by the local returning officer in such form as may be directed by the Minister, vote at such other polling station in the same constituency as may be specified in the authorisation.<\/p>\n<h4>Taking the poll at a referendum.<\/h4>\n<p>32.\u2014(1) The provisions of sections 90 to 95, 97, 98 and 101 to 111 of the Act of 1992 shall, subject to the modifications specified in section 2 (3), apply and have effect in relation to the taking of the poll at a referendum.<\/p>\n<p>(2) Where in accordance with the provisions of section 107, 108 or 109 of the Act of 1992 (as applied by subsection (1)), the poll at any polling station is adjourned or cannot be taken or continued or becomes void, the local returning officer concerned shall, in addition to doing the things required to be done by the said provisions, forthwith inform the referendum returning officer of the occurrence.<\/p>\n<p>PART III<\/p>\n<h4>The Counting of the Votes<\/h4>\n<h4>Arrangements in relation to the counting of votes.<\/h4>\n<p>33.\u2014The provisions of sections 112 to 115 and 117 of the Act of 1992 shall, subject to the modifications specified in section 2 (3) apply and have effect in relation to the arrangements for the counting of votes by the local returning officer in each constituency at a referendum.<\/p>\n<h4>Invalid ballot papers.<\/h4>\n<p>34.\u2014(1) A ballot paper\u2014<\/p>\n<p>(a) which does not bear the official mark, or<\/p>\n<p>(b) on which the mark \u201cx\u201d or any other mark which, in the opinion of the local returning officer, clearly indicates a vote, is not placed at all or is not so placed as to indicate a vote in favour of or a vote against the proposal which is the subject of the referendum, or<\/p>\n<p>(c) on which the mark \u201cx\u201d or any other mark which, in the opinion of the local returning officer, clearly indicates a vote, is so placed as to indicate both a vote in favour of and a vote against the proposal, or<\/p>\n<p>(d) on which anything is written or marked which, in the opinion of the local returning officer, is calculated to identify the elector,<\/p>\n<p>shall be invalid and not counted, but a ballot paper shall not be invalid by reason only of its bearing the figure \u201c1\u201d or the word \u201cone\u201d or any other mark which, in the opinion of the local returning officer, clearly indicates a vote in favour of or against the proposal.<\/p>\n<p>(2) The local returning officer shall cause the ballot papers to be scrutinised for the purpose of discovering any papers liable to be rejected as invalid.<\/p>\n<p>(3) The local returning officer shall endorse the word \u201crejected\u201d on any ballot paper which under this section is not counted. The local returning officer shall prepare a statement in such form as may be directed by the Minister showing the number of ballot papers rejected under each of the paragraphs (a) to (d) of subsection (1) and shall, on request, allow any agent present to copy such statement.<\/p>\n<p>(4) The local returning officer may endorse on any ballot paper not rejected as invalid an indication of the officer&#8217;s decision on it in relation to its validity without, however, interfering with any mark placed by the elector on the ballot paper.<\/p>\n<p>(5) The decision of the local returning officer, whether expressed or implied by his acts, on any question which arises in relation to any ballot paper shall be final, subject only to reversal on a referendum petition.<\/p>\n<h4>Counting of the votes.<\/h4>\n<p>35.\u2014(1) After the ballot papers have been mixed in accordance with section 114 of the Act of 1992 (as applied by section 33 ), the local returning officer shall, rejecting any that are invalid, arrange them in parcels according to the votes recorded on them and shall count and record the number of votes given in favour of the proposal which is the subject of the referendum and the number of votes given against that proposal and shall ascertain the total number of valid papers for the constituency concerned.<\/p>\n<p>(2) Having counted the votes in accordance with subsection (1), the local returning officer shall forthwith notify the referendum returning officer, in such manner as the latter may direct, of the number of votes given in favour of the proposal and the number of votes given against the proposal and the total number of valid ballot papers.<\/p>\n<h4>Recount.<\/h4>\n<p>36.\u2014(1) The local returning officer may and, if required by an agent appointed under paragraph (c) of section 26 (1), shall recount the votes recorded on all the ballot papers or on the ballot papers contained in any particular parcel.<\/p>\n<p>(2) Subject to subsection (3), nothing in this section shall make it obligatory on the local returning officer to recount more than once the votes recorded on the ballot papers contained in any particular parcel or to comply with a request under this section by an agent which, in the opinion of the local returning officer, is frivolous or vexatious.<\/p>\n<p>(3) Before signing the provisional referendum certificate under section 40 , the referendum returning officer may, in an appropriate case, direct any or every local returning officer to re-examine all the ballot papers for the constituency concerned and recount the votes recorded on such ballot papers and forthwith notify the referendum returning officer of the result of the re-examination and recount and the local returning officer shall comply with the terms of the direction.<\/p>\n<h4>Report to the referendum returning officer.<\/h4>\n<p>37.\u2014(1) On the completion of the counting of the votes in a constituency, the local returning officer for the constituency shall furnish to the referendum returning officer a report in writing in the form directed by the Minister stating\u2014<\/p>\n<p>(a) the number of valid votes recorded in favour of the proposal which is the subject of the referendum,<\/p>\n<p>(b) the number of valid votes recorded against that proposal, and<\/p>\n<p>(c) the total number of valid votes recorded at the referendum in the constituency,<\/p>\n<p>together with the statement referred to in section 34 (3).<\/p>\n<p>(2) Where the same day is the polling day at two or more referenda, the local returning officer shall furnish a separate report in respect of each such referendum.<\/p>\n<h4>Retention and disposal of documents.<\/h4>\n<p>38.\u2014(1) On the completion of the counting of the votes in a constituency, the local returning officer for the constituency shall place in separate sealed packets\u2014<\/p>\n<p>(a) the counted ballot papers,<\/p>\n<p>(b) the ballot papers not counted because of invalidity under section 34 ,<\/p>\n<p>(c) the unused and spoilt ballot papers, and<\/p>\n<p>(d) the counterfoils of ballot papers issued at polling stations,<\/p>\n<p>and shall mark on each packet particulars of its contents, the referendum to which they relate, the date of the polling day at the referendum concerned and the constituency to which they relate.<\/p>\n<p>(2) The local returning officer shall also place in separate sealed packets\u2014<\/p>\n<p>(a) the marked copies of the register of electors used at polling stations,<\/p>\n<p>(b) the ballot paper accounts and the statement referred to in section 114 of the Act of 1992 (as applied by section 33 ), and<\/p>\n<p>(c) any authorisations issued by the local returning officer to electors pursuant to section 31 ,<\/p>\n<p>and shall mark on each packet particulars of its contents, the referendum to which they relate, the date of the polling day at the referendum concerned and the constituency to which they relate.<\/p>\n<p>(3) The local returning officer shall as soon as practicable, forward to the referendum returning officer the packets referred to in this section together with the packets and statement referred to in sections 76 and 83 (2) (other than paragraph (e) of that subsection) of the Act of 1992 (as applied by sections 28 and 29 ).<\/p>\n<p>(4) The documents sent to the referendum returning officer in pursuance of this section shall be retained by that officer for 6 months from the date on which the provisional referendum certificate in respect of such referendum has become final. At the expiration of the said period, the referendum returning officer shall, unless otherwise directed by an order of the High Court or the referendum returning officer has reason to believe that the documents may be required for a purpose referred to in section 39 (3), cause the documents to be destroyed.<\/p>\n<h4>Inspection of ballot papers etc.<\/h4>\n<p>39.\u2014(1) No person shall be allowed to inspect any of the documents mentioned in subsection (2) except under an order of the High Court.<\/p>\n<p>(2) The documents referred to in subsection (1) are\u2014<\/p>\n<p>(a) the counterfoils of the ballot papers sent to postal voters in pursuance of section 28 .<\/p>\n<p>(b) the counterfoils of the ballot papers delivered to special voters in pursuance of section 82 of the Act of 1992 (as applied by section 29 ),<\/p>\n<p>(c) the documents referred to in subsections (2) and (3) of section 76 of the Act of 1992 (as applied by section 28 ), and<\/p>\n<p>(d) the documents referred to in section 38 (1).<\/p>\n<p>(3) An order referred to in subsection (1) shall not be made unless the court is satisfied that the inspection or production of the documents concerned is required for the purpose of instituting or maintaining a prosecution for an offence under a provision of the Act of 1992 specified in section 6 and as applied by that section or for the purpose of a referendum petition.<\/p>\n<p>(4) An order referred to in subsection (1) may be made subject to such conditions as to persons, time and place and mode of inspection or production as the court may think expedient and shall make provision to ensure that the manner in which any voter voted shall not be disclosed.<\/p>\n<p>(5) Where an order is made under subsection (1) in relation to a document referred to in that subsection\u2014<\/p>\n<p>(a) the production in a court by the referendum returning officer of that document shall, until the contrary is proved, be sufficient proof that the document relates to the referendum specified in the order, and<\/p>\n<p>(b) any endorsement appearing on any packet produced in a court by the referendum returning officer shall, until the contrary is shown, be sufficient evidence that the contents of the packet are what they are stated to be in the endorsement.<\/p>\n<h4>The provisional referendum certificate.<\/h4>\n<p>40.\u2014(1) As soon as the referendum returning officer has received from every local returning officer the report referred to in section 37 of the numbers of the votes recorded in the constituency, the referendum returning officer shall prepare from such reports and shall sign the provisional referendum certificate in the prescribed form stating\u2014<\/p>\n<p>(a) in the case of a constitutional referendum, the number of votes recorded in favour of the proposal which is the subject of the referendum, the number of votes recorded against the proposal, and whether a majority of the votes recorded at the referendum was or was not recorded in favour of the proposal;<\/p>\n<p>(b) in the case of an ordinary referendum, the number of votes recorded in favour of the proposal which is the subject of the referendum, the number of votes recorded against the proposal, and the total number of presidential electors on the register of electors for the time being in force, and if the number of votes recorded against the proposal exceeds the number of votes recorded in favour of the proposal, whether the number of votes recorded against the proposal is or is not less than thirty-three and one third per cent of the said total number of presidential electors, and in any case whether such proposal was or was not vetoed at such referendum;<\/p>\n<p>(c) in every case, the number of votes reported by the local returning officers to have been recorded in each constituency in favour of the proposal which is the subject of the referendum and the number of votes similarly reported to have been recorded in each constituency against the proposal.<\/p>\n<p>(2) As soon as may be after signing the provisional referendum certificate, the referendum returning officer shall publish in Iris Oifigi\u00fail a copy of that certificate together with a statement that such certificate will become final and incapable of being questioned when the officer is informed by the Master of the High Court either that no referendum petition has been duly presented in respect thereof or that every referendum petition so presented has become null and void.<\/p>\n<p>(3) When a provisional referendum certificate has become final otherwise than by being confirmed by the High Court, the referendum returning officer shall endorse on such certificate a statement that it has so become final and shall send a copy thereof to the President and the Taoiseach.<\/p>\n<p>(4) When a provisional referendum certificate has been confirmed or is deemed to have been confirmed by the High Court and is returned to the referendum returning officer with a statement of the fact of such confirmation endorsed thereon in accordance with this Act, the referendum returning officer shall send a copy of such certificate to the President and the Taoiseach.<\/p>\n<h4>Notification by Master of the High Court.<\/h4>\n<p>41.\u2014Subject to the provisions of section 58 , where\u2014<\/p>\n<p>(a) application for leave to present a referendum petition in relation to a provisional referendum certificate has not been made to the High Court within the time limited by section 42 (2), or<\/p>\n<p>(b) the High Court has refused all such applications made to it within the said time, or<\/p>\n<p>(c) no referendum petition has been presented in relation to the provisional referendum certificate within the time limited by section 44 , or<\/p>\n<p>(d) every referendum petition so presented has, under section 44 (4) or 50 (3), become null and void,<\/p>\n<p>the Master of the High Court shall forthwith notify the referendum returning officer in writing accordingly.<\/p>\n<p>PART IV<\/p>\n<h4>Referendum Petitions<\/h4>\n<p>Referendum petitions.<\/p>\n<p>42.\u2014(1) The validity of a provisional referendum certificate may, and may only, be questioned by a petition to the High Court (in this Act referred to as \u201ca referendum petition\u201d) in accordance with this Act.<\/p>\n<p>(2) A referendum petition in relation to a provisional referendum certificate shall not be presented to the High Court unless that court, on application made to it in that behalf by or on behalf of the person proposing to present it not later than seven days after the publication in Iris Oifigi\u00fail of the certificate, by order grants leave to the person to do so.<\/p>\n<p>(3) The High Court shall not grant leave under subsection (2) to present a referendum petition unless it is satisfied\u2014<\/p>\n<p>(a) that there is prima facie evidence of a matter referred to in section 43 in relation to which the referendum petition questions the provisional referendum certificate concerned, and<\/p>\n<p>(b) that the said matter is such as to affect materially the result of the referendum as a whole.<\/p>\n<p>(4) An application for leave to present a referendum petition may be made by the Director of Public Prosecutions or by any person who is registered or entitled to be registered as a presidential elector.<\/p>\n<h4>Grounds for referendum petition.<\/h4>\n<p>43.\u2014(1) A referendum petition may question a provisional referendum certificate on the grounds that the result of the referendum as a whole was affected materially by\u2014<\/p>\n<p>(a) the commission of an offence referred to in Part XXII of the Act of 1992 (as applied by section 6 ),<\/p>\n<p>(b) obstruction of or interference with or other hindrance to the conduct of the referendum,<\/p>\n<p>(c) failure to complete or otherwise conduct the referendum in accordance with this Act, or<\/p>\n<p>(d) mistake or other irregularity in the conduct of the referendum or in the particulars stated in the provisional referendum certificate.<\/p>\n<p>(2) Notwithstanding any other provision of this Act, a referendum petition shall not be dismissed on account of any informality in its contents which does not materially affect its substance.<\/p>\n<h4>Presentation of referendum petition.<\/h4>\n<p>44.\u2014(1) A referendum petition shall be presented by being lodged in the Central Office of the High Court not later than three days after the grant of leave by the High Court under section 42 .<\/p>\n<p>(2) (a) Subject to paragraph (b), a referendum petition (other than a petition by the Director of Public Prosecutions) shall not be accepted in the Central Office unless the petitioner lodges in the Central Office with the referendum petition security in the sum of \u00a35,000 for any costs of the proceedings in relation to the referendum petition which may become payable by the petitioner.<\/p>\n<p>(b) Where the court is satisfied that a petitioner is unable to lodge the amount specified in paragraph (a) or that the requirement would cause serious hardship, the court may require the petitioner to lodge such lesser amount as the court considers appropriate.<\/p>\n<p>(c) The security required to be given by this subsection shall be given either by recognisance entered into by any number of sureties satisfactory to the court not exceeding four or by a deposit of money, or partly in one way and partly in the other.<\/p>\n<p>(3) The petitioner shall, not later than five days after the lodgement of the referendum petition, give a copy of the petition\u2014<\/p>\n<p>(a) to the Minister,<\/p>\n<p>(b) to the referendum returning officer,<\/p>\n<p>(c) to any local returning officer concerned, and<\/p>\n<p>(d) except in the case of a petition presented by the Director of Public Prosecutions, to the Director of Public Prosecutions.<\/p>\n<p>(4) Where the petitioner fails to comply with the provisions of this section and section 45 the referendum petition shall become and be null and void.<\/p>\n<h4>Particulars in referendum petition.<\/h4>\n<p>45.\u2014A referendum petition shall be signed and dated by the petitioner and shall specify\u2014<\/p>\n<p>(a) the provisional referendum certificate to which it relates,<\/p>\n<p>(b) the grounds on which it is based,<\/p>\n<p>(c) the remedy it seeks, and<\/p>\n<p>(d) the name and address of the petitioner and the petitioner&#8217;s solicitor or agent, if any.<\/p>\n<h4>Trial of referendum petition.<\/h4>\n<p>46.\u2014(1) A referendum petition shall be tried by the High Court and references in this Part to the court shall be construed as references to the High Court.<\/p>\n<p>(2) The following provisions shall have effect in relation to the trial of a referendum petition:<\/p>\n<p>(a) in fixing the date for and conducting the trial, the court shall give the matter such priority as is reasonably possible;<\/p>\n<p>(b) the trial shall be continued until its result is determined notwithstanding the death of any petitioner;<\/p>\n<p>(c) the Director of Public Prosecutions may at any stage be represented at and take part in the trial as a party, whether of his own motion or at the request of the court;<\/p>\n<p>(d) the referendum returning officer shall attend the trial and produce and deliver to the court the provisional referendum certificate and give such assistance as may be required of him by the court, but without prejudice to being called as a witness by any party;<\/p>\n<p>(e) the local returning officer for a constituency to which the petition relates shall, at the request of the court, attend the trial and give such assistance as is requested by the court, but without prejudice to his being called as a witness by any party.<\/p>\n<h4>Counting of votes afresh.<\/h4>\n<p>47.\u2014(1) The court may, for the purposes of the trial of a referendum petition, if it thinks fit, order\u2014<\/p>\n<p>(a) that all the votes cast at the referendum in a constituency shall be counted afresh, or<\/p>\n<p>(b) that all the votes so cast and recorded on the ballot papers contained in a particular parcel shall be so counted,<\/p>\n<p>and where the court so orders, the provisions of this section shall have effect.<\/p>\n<p>(2) Votes to which an order under this section relates shall be counted afresh under the direction of the court and, subject to subsections (3) and (4) and to such modifications (if any) as the court considers necessary, the provisions of this Act relating to the counting of votes at a referendum shall apply to such counting.<\/p>\n<p>(3) Where votes are counted afresh pursuant to an order under this section, the court shall cause the following to be disregarded:<\/p>\n<p>(a) votes recorded on ballot papers which are invalid by virtue of section 34 , and<\/p>\n<p>(b) votes recorded on forged or counterfeited ballot papers.<\/p>\n<p>(4) The court shall have power to reverse any decision of the local returning officer at the original count.<\/p>\n<p>(5) The costs of giving effect to an order under this section shall be paid by the Minister for Finance out of the Central Fund or the growing produce thereof and section 16 shall, with respect to the services and expenses properly rendered or incurred by the local returning officer concerned for the purposes of, or in connection with, giving effect to the order, apply in the same manner as it applied in respect of the services and expenses rendered or incurred by the local returning officer for, or in connection with, the referendum.<\/p>\n<h4>Retaking referendum in a constituency.<\/h4>\n<p>48.\u2014(1) At the trial of a referendum petition the court may order that the referendum to which the referendum petition relates shall be taken again in a constituency, and where the court so orders the following provisions shall have effect:<\/p>\n<p>(a) the court shall, in its order under this section, appoint the day which shall be the polling day for the purpose of the retaking of the referendum in the constituency;<\/p>\n<p>(b) the referendum shall be retaken in the constituency and the provisions of this Act in relation to the taking of a referendum shall apply to the retaking, with the substitution of the polling day appointed by the order of the court for the polling day appointed by the Minister;<\/p>\n<p>(c) the referendum returning officer, having received the report of the local returning officer of the result of the counting of the votes at the retaking, shall forthwith report the result to the court.<\/p>\n<p>(2) The court shall not order a referendum to be taken again in any constituency merely on account of a non-compliance with any of the provisions contained in this Act or an error in the use of forms provided for in this Act where it appears to the court that the referendum was conducted in the constituency in accordance with the general principles laid down in this Act and that the non-compliance or error did not affect the result of the referendum as a whole.<\/p>\n<h4>Withdrawal of petition.<\/h4>\n<p>49.\u2014(1) A referendum petition shall not be withdrawn without the leave of the court and in giving such leave the court shall be satisfied that the notice given by the petitioner pursuant to subsections (3) and (4) was reasonable and, in addition to the foregoing, where a referendum petition is presented by more than one petitioner the court, before giving such leave, shall be satisfied that all the petitioners agree to the withdrawal.<\/p>\n<p>(2) Except in the case of a referendum petition presented by the Director of Public Prosecutions, when applying for leave for the withdrawal of a referendum petition, the petitioner shall submit to the court an affidavit stating\u2014<\/p>\n<p>(a) the reasons for the proposed withdrawal, and<\/p>\n<p>(b) that, to the best of the petitioner&#8217;s knowledge and belief, neither an agreement nor an undertaking has been made or entered into in relation to the withdawal of the petition in consideration of any payment or for any substantial reason not stated in the affidavit.<\/p>\n<p>(3) Notice of intention to apply for leave to withdraw a referendum petition shall be given by the petitioner by the publication in at least two daily newspapers circulating throughout the State of a notice to that effect and the notice shall also state the time and place at which the application will be made and that any presidential elector may apply to the court to be substituted for the petitioner.<\/p>\n<p>(4) Except in the case of a referendum petition presented by the Director of Public Prosecutions, a copy of the affidavit mentioned in subsection (2) together with notice of the time and place at which the application will be made shall be given by the petitioner to the Director of Public Prosecutions who may be represented at and, if the Director thinks fit, oppose the application.<\/p>\n<p>(5) Where the referendum petition has been presented by more than one petitioner, the affidavit mentioned in subsection (2) shall, unless the court otherwise directs, be made by all the petitioners.<\/p>\n<p>(6) The withdrawal of a petition pursuant to this section shall not affect the liability of any person (or of that person&#8217;s estate) for the payment of costs previously incurred.<\/p>\n<h4>Substitution of new petitioner.<\/h4>\n<p>50.\u2014(1) On the hearing of an application for leave to withdraw a referendum petition, any person who, under section 42 , would be eligible to apply for leave to present a referendum petition, may apply to the court to be substituted as a petitioner, and the court may, if it thinks fit, substitute the person accordingly.<\/p>\n<p>(2) In case the court substitutes a petitioner under subsection (1) and is of opinion that the application for leave to withdraw the petition was the result of any agreement or undertaking the making of or entering into which is declared by section 155 of the Act of 1992 to be an offence, the court may direct that the security for costs given by the original petitioner shall remain as security for the costs that may be incurred by the substituted petitioner and that, to the extent of the sum named in the security, the original petitioner (and sureties, if any), shall be liable to pay the costs of the substituted petitioner.<\/p>\n<p>(3) In case the court does not make a direction under subsection (2), security equal in amount to that which would be required in the case of a new referendum petition, and subject to the like conditions, shall be given by or on behalf of the substituted petitioner within the period of five days after the date of the order of substitution, and in case such security is not given no further proceedings shall be had on the referendum petition and the petition shall, at the expiration of the said period, become and be null and void.<\/p>\n<p>(4) Subject to the foregoing provisions of this section, a substituted petitioner shall, as nearly as may be, stand in the same position and be subject to the same liabilities as the original petitioner.<\/p>\n<h4>Death of or delay by a petitioner.<\/h4>\n<p>51.\u2014(1) The following provisions shall apply and have effect in relation to a referendum petition presented by a person other than the Director of Public Prosecutions:<\/p>\n<p>(a) where the sole or the last surviving petitioner dies at any time before the final order of the court on the trial of the petition, the court shall transfer the carriage of the petition to the Director of Public Prosecutions, and thereupon all subsequent proceedings on the petition shall be conducted as if the petition were a petition presented by the Director of Public Prosecutions;<\/p>\n<p>(b) if the petitioner fails to proceed with reasonable speed with the proceedings on the petition, the court may, on the application of the Director of Public Prosecutions, either forthwith make a final order confirming without alteration the provisional referendum certificate which was the subject of the petition or transfer the carriage of the petition to the Director.<\/p>\n<p>(2) Nothing in this section shall operate to prevent the court ordering the costs or any part of the costs of the proceedings in relation to the referendum petition to be paid out of or by means of the security for costs given by a deceased petitioner or by a petitioner who has failed to proceed with reasonable speed.<\/p>\n<h4>Witnesses.<\/h4>\n<p>52.\u2014(1) The court shall be entitled of its own volition, at any time during the trial of a referendum petition, to direct that a particular person shall be brought before the court and shall give evidence at the trial and, where the court so directs, the cost of bringing the person before the court (including any moneys payable as witness&#8217;s expenses) shall be regarded as part of the costs of the referendum petition.<\/p>\n<p>(2) Subject to subsection (3), a person who is called as a witness at the trial of a referendum petition shall not be excused from answering any question relating to any offence at or connected with the relevant referendum on the ground that the answer thereto may incriminate or tend to incriminate that person or on grounds of privilege: provided that\u2014<\/p>\n<p>(a) where the court is satisfied that a witness has answered truly all the questions which the witness is required by the court to answer, the court shall issue a certificate stating that the witness has so answered, and<\/p>\n<p>(b) an answer by a person who has received such a certificate to a question put at the trial of a referendum petition shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be, in any proceeding, civil or criminal, admissible in evidence against that person.<\/p>\n<p>(3) Nothing in this section shall be construed as affecting the right of any party to a referendum petition to call any person as a witness.<\/p>\n<h4>Costs of referendum petition.<\/h4>\n<p>53.\u2014(1) All costs, other than the costs of counting votes afresh under section 47 or retaking the referendum in a constituency under section 48 , of and incidental to a referendum petition shall be in the discretion of the court which shall have power to order the costs or any part of the costs of any party to the petition to be paid by any other such party, and, where the costs or any part of the costs of any such party are so ordered to be paid by the petitioner, the court shall, where necessary, make provision for the payment of those costs, to the extent of the amount named in the security given by the petitioner, out of or by means of such security.<\/p>\n<p>(2) Without prejudice to subsection (1), where, on the trial of a referendum petition, it appears to the court that any person committed an electoral offence in relation to the relevant referendum, the court may, after giving the person an opportunity of being heard to show cause why the order should not be made, if it so thinks fit, order the whole or part of the costs of the petition other than the costs of counting votes afresh under section 47 or retaking the referendum in a constituency under section 48 to be paid by that person.<\/p>\n<h4>Further provisions regarding costs.<\/h4>\n<p>54.\u2014(1) Subject to subsection (4), the costs and other expenses incurred by or on behalf of the referendum returning officer or any local returning officer at the trial of a referendum petition shall be paid out of the Central Fund.<\/p>\n<p>(2) Costs awarded to the referendum returning officer or any local returning officer at the trial of a referendum petition shall be a simple contract debt due to the Minister for Finance and may be recovered by that Minister in any court of competent jurisdiction.<\/p>\n<p>(3) Subject to subsections (4) and (5), costs awarded against the referendum returning officer or any local returning officer at the trial of a referendum petition shall be paid out of the Central Fund.<\/p>\n<p>(4) Where the court is satisfied that the referendum returning officer or any local returning officer has been grossly negligent in the discharge of the duties of the office, the court may order that the officer shall be personally liable for any costs and expenses which the court finds to have been incurred by reason of such negligence.<\/p>\n<p>(5) Where an order is made under subsection (4) any costs and expenses awarded against an officer which are paid out of the Central Fund shall be a simple contract debt due to the Minister for Finance by the officer, and may be recovered by that Minister in any court of competent jurisdiction.<\/p>\n<h4>Statement of case to Supreme Court.<\/h4>\n<p>55.\u2014(1) At any stage of the trial of a referendum petition the court may, if it so thinks proper, on its own motion or on the application of any party to the petition, state a case for the opinion of the Supreme Court on any question of law arising at the trial.<\/p>\n<p>(2) Notwithstanding anything contained in this Act, where a case is stated under this section the court shall not determine the referendum petition until the Supreme Court has given its decision and may adjourn the trial or any part thereof until such decision is given.<\/p>\n<p>(3) Costs incurred in relation to a case stated under this section shall for all purposes be part of the costs incurred in relation to the referendum petition.<\/p>\n<h4>Service of documents.<\/h4>\n<p>56.\u2014Where a copy of an order, referendum petition or other document is required by this Act to be given to a person, it shall be addressed and given to that person in some one of the following ways:<\/p>\n<p>(a) by delivering it to the person;<\/p>\n<p>(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;<\/p>\n<p>(c) by sending it by post in a prepaid registered letter addressed to the person at the address at which the person ordinarily resides, or in a case in which an address for service has been furnished, at that address.<\/p>\n<h4>The final order on referendum petition.<\/h4>\n<p>57.\u2014(1) At the trial of a referendum petition the court shall determine the matter at issue and the final order of the court on the trial of the referendum petition shall either\u2014<\/p>\n<p>(a) confirm without alteration the provisional referendum certificate which was the subject of the petition, or<\/p>\n<p>(b) direct that the said certificate shall be amended in accordance with the findings of the court (including the result of any counting afresh of votes or any retaking of the referendum) and confirm the certificate as so amended.<\/p>\n<p>(2) Where two or more referendum petitions are presented in accordance with this Act in respect of the same provisional referendum certificate the court shall make one consolidated final order determining all such petitions and subsection (1) shall apply in relation to such consolidated order.<\/p>\n<p>(3) Where the court confirms a provisional referendum certificate without alteration, the court shall cause a statement of the fact of such confirmation to be endorsed on such certificate and shall cause such certificate so endorsed to be returned forthwith to the referendum returning officer.<\/p>\n<p>(4) Where the court directs a provisional referendum certificate to be amended and confirms the certificate as so amended, the court shall cause the certificate to be amended in accordance with such direction, and shall cause a statement of the fact that such amendment was made by order of the court and of the fact that the certificate as so amended was confirmed by the court to be endorsed on the certificate and shall cause the certificate so amended and endorsed to be returned forthwith to the referendum returning officer.<\/p>\n<p>(5) A provisional referendum certificate duly endorsed in accordance with this section shall, when it is received by the referendum returning officer from the High Court, forthwith become and be, in the form in which it was confirmed by the court, final and incapable of being further questioned in any court and shall, in that form, be conclusive evidence of the voting at the referendum to which it relates and of the result of such referendum.<\/p>\n<h4>Provisions in respect of referenda having the same polling day.<\/h4>\n<p>58.\u2014Where the same day is the polling day in respect of two or more referenda and a referendum petition or two or more referendum petitions questioning the provisional referendum certificate relating to one only of the referenda is or are presented in accordance with this Act, or referendum petitions questioning some but not all of the provisional referendum certificates relating to the referenda are presented in accordance with this Act, the following provisions shall have effect notwithstanding anything inconsistent therewith contained in this Act:<\/p>\n<p>(a) a provisional referendum certificate relating to any of the referenda shall, pending the operation of paragraph (e), not become final;<\/p>\n<p>(b) it shall be lawful for the Director of Public Prosecutions with the leave of the court, to present at any time a referendum petition questioning any provisional referendum certificate which relates to any of the referenda and has not been confirmed by the court and is not the subject of a referendum petition presented in accordance with this Act;<\/p>\n<p>(c) all the referendum petitions questioning any of the provisional referendum certificates relating to any of the referenda shall, so far as practicable, be heard and determined by the same judge, and all or any two or more of the referendum petitions may, at the discretion of the court, either be tried together or consolidated;<\/p>\n<p>(d) the final orders of the court on all the trials of the referendum petitions shall be made on the same day;<\/p>\n<p>(e) when the final orders have been made, every provisional referendum certificate relating to any of the referenda in respect of which no referendum petition was presented in accordance with this Act shall be deemed to have been confirmed by the court, and the court shall cause to be endorsed on every such certificate a statement that it is deemed to have been confirmed by the court, and the court shall cause the certificate so endorsed to be returned forthwith to the referendum returning officer;<\/p>\n<p>(f) the referendum returning officer shall deliver to the court for endorsement under the foregoing paragraph every provisional referendum certificate which is deemed under that paragraph to have been confirmed by the court, and every such certificate when so endorsed and received by the referendum returning officer from the court shall forthwith become and be final and incapable of being questioned in any court and shall be conclusive evidence of the voting at and result of the referendum to which it relates.<\/p>\n<p>FIRST SCHEDULE<\/p>\n<p>Enactments Repealed<\/p>\n<p>Section 5 .<\/p>\n<p>Number and Year<\/p>\n<p>Short Title<\/p>\n<p>Extent of Repeal<\/p>\n<p>No. 8 of 1942.<\/p>\n<p>Referendum Act, 1942<\/p>\n<p>The whole Act.<\/p>\n<p>No. 19 of 1963.<\/p>\n<p>Electoral Act, 1963<\/p>\n<p>The whole Act insofar as it relates to referenda.<\/p>\n<p>No. 34 of 1968.<\/p>\n<p>Referendum (Amendment) Act, 1968<\/p>\n<p>The whole Act.<\/p>\n<p>No. 4 of 1972.<\/p>\n<p>Electoral (Amendment) Act, 1972<\/p>\n<p>The whole Act insofar as it relates to referenda.<\/p>\n<p>No. 23 of 1972.<\/p>\n<p>Referendum (Amendment) Act, 1972<\/p>\n<p>The whole Act.<\/p>\n<p>No. 3 of 1973.<\/p>\n<p>Electoral (Amendment) Act, 1973<\/p>\n<p>The whole Act insofar as it relates to referenda.<\/p>\n<p>No. 10 of 1979.<\/p>\n<p>Referendum (Amendment) Act, 1979<\/p>\n<p>The whole Act.<\/p>\n<p>No. 14 of 1983.<\/p>\n<p>Referendum (Amendment) Act, 1983<\/p>\n<p>The whole Act.<\/p>\n<p>No. 7 of 1984.<\/p>\n<p>Referendum (Amendment) Act, 1984<\/p>\n<p>The whole Act.<\/p>\n<p>No. 12 of 1985.<\/p>\n<p>Electoral (Amendment) Act, 1985<\/p>\n<p>The whole Act.<\/p>\n<p>No. 12 of 1986.<\/p>\n<p>Electoral (Amendment) Act, 1986<\/p>\n<p>The whole Act insofar as it relates to referenda.<\/p>\n<p>No. 35 of 1986.<\/p>\n<p>Electoral (Amendment) (No. 2) Act, 1986<\/p>\n<p>The whole Act insofar as it relates to referenda.<\/p>\n<p>No. 4 of 1987.<\/p>\n<p>Referendum (Amendment) Act, 1987<\/p>\n<p>The whole Act.<\/p>\n<p>No. 8 of 1992.<\/p>\n<p>Referendum (Amendment) Act, 1992<\/p>\n<p>The whole Act.<\/p>\n<p>No. 22 of 1992.<\/p>\n<p>Referendum (Amendment) (No. 2) Act, 1992<\/p>\n<p>The whole Act.<\/p>\n<p>No. 23 of 1992.<\/p>\n<p>Electoral Act, 1992<\/p>\n<p>Sections 1 (4), 168 and 170 (1) (a) and (b).<\/p>\n<p>SECOND SCHEDULE<\/p>\n<p>Forms of Ballot Paper<\/p>\n<p>Section 24 .<\/p>\n<p>Part I<\/p>\n<p>FORM OF BALLOT PAPER AT CONSTITUTIONAL REFERENDUM<\/p>\n<p>(Front of Paper)<\/p>\n<p>\/images\/en.act.1994.0012.sched2.1.jpg<\/p>\n<p>Part II<\/p>\n<p>FORM OF BALLOT PAPER AT ORDINARY REFERENDUM<\/p>\n<p>(Front of Paper)<\/p>\n<p>\/images\/en.act.1994.0012.sched2.2.jpg<\/p>\n<p>Acts Referred to<\/p>\n<p>Referendum Act, 1942<\/p>\n<p>1942, No. 8<\/p>\n<p>Electoral Act, 1963<\/p>\n<p>1963, No. 19<\/p>\n<p>Referendum (Amendment) Act, 1968<\/p>\n<p>1968, No. 34<\/p>\n<p>Electoral (Amendment) Act, 1972<\/p>\n<p>1972, No. 4<\/p>\n<p>Referendum (Amendment) Act, 1972<\/p>\n<p>1972, No. 23<\/p>\n<p>Electoral (Amendment) Act, 1973<\/p>\n<p>1973, No. 3<\/p>\n<p>Holidays (Employees) Act, 1973<\/p>\n<p>1973, No. 25<\/p>\n<p>Referendum (Amendment) Act, 1979<\/p>\n<p>1979, No. 10<\/p>\n<p>Referendum (Amendment) Act, 1983<\/p>\n<p>1983, No. 14<\/p>\n<p>Referendum (Amendment) Act, 1984<\/p>\n<p>1984, No. 7<\/p>\n<p>Electoral (Amendment) Act, 1985<\/p>\n<p>1985, No. 12<\/p>\n<p>Electoral (Amendment) Act, 1986<\/p>\n<p>1986, No. 12<\/p>\n<p>Electoral (Amendment) (No. 2) Act, 1986<\/p>\n<p>1986, No. 35<\/p>\n<p>Referendum (Amendment) Act, 1987<\/p>\n<p>1987, No. 4<\/p>\n<p>Referendum (Amendment) Act, 1992<\/p>\n<p>1992, No. 8<\/p>\n<p>Referendum (Amendment) (No. 2) Act, 1992<\/p>\n<p>1992, No. 22<\/p>\n<p>Electoral Act, 1992<\/p>\n<p>1992, No. 23<\/p>\n<h2>REFERENDUM ACT, 1998<\/h2>\n<p>AN ACT TO ENABLE THE MINISTER FOR THE ENVIRONMENT AND LOCAL GOVERNMENT TO ESTABLISH IN RELATION TO A REFERENDUM A COMMISSION TO BE KNOWN AS A REFERENDUM COMMISSION HAVING AS ITS PRINCIPAL FUNCTION THE PROVISION OF INFORMATION TO THE ELECTORATE IN RESPECT OF THE REFERENDUM AND TO PROVIDE FOR MATTERS CONNECTED WITH THE MATTERS AFORESAID. [26th February, 1998]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<h4>Interpretation.<\/h4>\n<p>1.\u2014(1) In this Act except where the context otherwise requires\u2014<\/p>\n<p>\u201cthe Act of 1994\u201d means the Referendum Act, 1994 ;<\/p>\n<p>\u201capproved body\u201d means a body declared by the Commission under section 7 to be an approved body;<\/p>\n<p>\u201cthe Commission\u201d means the commission established under section 2 ;<\/p>\n<p>\u201cfunctions\u201d includes powers and duties and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;<\/p>\n<p>\u201cthe Minister\u201d means the Minister for the Environment and Local Government;<\/p>\n<p>\u201creferendum\u201d means a constitutional referendum or an ordinary referendum.<\/p>\n<p>(2) In this Act\u2014<\/p>\n<p>(a) a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act,<\/p>\n<p>(b) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended,<\/p>\n<p>(c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.<\/p>\n<h4>Establishment and membership of Commission.<\/h4>\n<p>2.\u2014(1) Whenever a referendum falls to be held, or, in the case of a constitutional referendum, may fall to be held, the Minister may, if he or she considers it appropriate, by order establish a commission which shall be known as the Referendum Commission and is referred to in this Act as \u201cthe Commission\u201d to perform the functions conferred on it by this Act.<\/p>\n<p>(2) An order under subsection (1) shall be made\u2014<\/p>\n<p>(a) in the case of a constitutional referendum, not earlier than the date on which the Bill concerned is initiated in D\u00e1il \u00c9ireann, and<\/p>\n<p>(b) in the case of an ordinary referendum, not later than the date of the making of the relevant order under section 12 of the Act of 1994.<\/p>\n<p>(3) The Commission shall be independent in the performance of its functions.<\/p>\n<p>(4) The Commission shall consist of a chairperson and 4 ordinary members.<\/p>\n<p>(5) The chairperson shall be\u2014<\/p>\n<p>(a) a former judge of the Supreme Court or a former judge of the High Court, or<\/p>\n<p>(b) following consultation with the President of the High Court, a judge of the High Court,<\/p>\n<p>nominated by the Chief Justice.<\/p>\n<p>(6) The ordinary members shall be\u2014<\/p>\n<p>(a) the Comptroller and Auditor General, or where the office is vacant, the Secretary and Director of Audit of the Office of the Comptroller and Auditor General,<\/p>\n<p>(b) the Ombudsman, or where the office is vacant, the Director of the Office of the Ombudsman,<\/p>\n<p>(c) the Clerk of D\u00e1il \u00c9ireann, or where the office is vacant, the Clerk Assistant of D\u00e1il \u00c9ireann, and<\/p>\n<p>(d) the Clerk of Seanad \u00c9ireann, or where the office is vacant, the Clerk Assistant of Seanad \u00c9ireann.<\/p>\n<p>(7) (a) Where, before the completion of the performance of the functions of the Commission, a member of the Commission notifies the Minister that he or she is for any reason temporarily unable to act as such member then\u2014<\/p>\n<p>(i) in the case of the chairperson, a former judge of the Supreme Court, or a judge or former judge of the High Court, nominated by the Chief Justice following consultation in the case of a judge of the High Court with the President of the High Court,<\/p>\n<p>(ii) in the case of the Comptroller and Auditor General, the Secretary and Director of Audit of the Office of the Comptroller and Auditor General,<\/p>\n<p>(iii) in the case of the Ombudsman, the Director of the Office of the Ombudsman,<\/p>\n<p>(iv) in the case of the Clerk of D\u00e1il \u00c9ireann, the Clerk Assistant of D\u00e1il \u00c9ireann, and<\/p>\n<p>(v) in the case of the Clerk of Seanad \u00c9ireann, the Clerk Assistant of Seanad \u00c9ireann,<\/p>\n<p>shall become and be a member of the Commission for the duration of such inability.<\/p>\n<p>(b) Where a person becomes a member of the Commission pursuant to paragraph (a) for the duration of an inability, the member of the Commission who is temporarily unable to act as such member shall be deemed for such duration not to be a member of the Commission.<\/p>\n<p>(8) Where the Chief Justice nominates a person under subsection (5) or (7), he or she shall notify the Minister in writing of the name of the person so nominated and upon receipt of the notification the Minister shall appoint a day for the purposes of those subsections and upon that day the person shall become and be a member of the Commission.<\/p>\n<p>(9) (a) Where, before the completion of the performance of the functions of the Commission, a member of the Commission ceases to hold the office by virtue of which he or she became a member of the Commission, he or she shall continue to be a member of the Commission until the performance of those functions have been completed, unless otherwise directed by the Minister.<\/p>\n<p>(b) The provisions of subsection (6) shall not apply in a case where a person continues to be a member of the Commission pursuant to paragraph (a).<\/p>\n<p>(10) The Commission may act notwithstanding one or more vacancies among its members.<\/p>\n<p>(11) A member of the Commission shall not advocate or promote a particular result at the referendum in respect of which the Commission has been established.<\/p>\n<p>(12) Subject to the provisions of this Act, a Commission shall determine, by standing orders or otherwise, the procedure and business of the Commission.<\/p>\n<p>(13) The Minister for Finance shall make available to a Commission such reasonable facilities and services (including clerical, secretarial and executive services) as the Minister for Finance, after consultation with the Commission, shall determine.<\/p>\n<p>(14) The following shall be absolutely privileged:<\/p>\n<p>(a) documents of the Commission, and documents of its members connected with the Commission or its functions, wherever published;<\/p>\n<p>(b) reports of the Commission, wherever published;<\/p>\n<p>(c) statements made in any form at meetings or sittings of the Commission by its members or officials and such statements wherever published subsequently;<\/p>\n<p>(d) submissions made to the Commission under section 6 .<\/p>\n<p>(15) Every order made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made.<\/p>\n<h4>Functions of Commission.<\/h4>\n<p>3.\u2014(1) The Commission shall have, in addition to any functions conferred on it by any other provision of this Act, the following principal functions in relation to the referendum in respect of which it is established:<\/p>\n<p>(a) to prepare\u2014<\/p>\n<p>(i) a statement or statements containing a general explanation of the subject matter of the proposal and of the text thereof in the relevant Bill and any other information relating to those matters that the Commission considers appropriate, and<\/p>\n<p>(ii) a statement or statements having regard to any submissions under section 6 concerning the proposal to which the referendum relates and setting out the arguments for and against the proposal,<\/p>\n<p>and the statements shall be fair to all interests concerned;<\/p>\n<p>(b) to publish and distribute such statements in such manner and by such means including the use of television, radio and other electronic media as the Commission considers most likely to bring them to the attention of the electorate and to ensure as far as practicable that the means employed enable those with a sight or hearing disability to read or hear the statements concerned;<\/p>\n<p>(c) to foster and promote and, where appropriate, to facilitate debate or discussion in a manner that is fair to all interests concerned in relation to the proposal aforesaid.<\/p>\n<p>(2) The Commission shall have all such powers as it considers necessary or expedient for the performance of its functions including, but without prejudice to the generality of the foregoing, the following powers:<\/p>\n<p>(a) to prepare, publish and distribute brochures, leaflets, pamphlets and posters, and<\/p>\n<p>(b) to distribute the statements aforesaid to each presidential elector or each household.<\/p>\n<p>(3) If the Commission is established before the passing of the Bill containing the proposal or proposals concerned to amend the Constitution, the Commission shall not publish any statement under this section or incur any expenditure without the consent of the Minister for Finance before such passing.<\/p>\n<h4>Consultants and advisers.<\/h4>\n<p>4.\u2014The Commission may from time to time engage such consultants or advisers as it may consider necessary or expedient for the performance of its functions, and any remuneration due to a consultant or adviser engaged under this section shall be paid by the Commission out of moneys at its disposal having regard to guidelines issued from time to time by the Minister for Finance and, in addition to the foregoing, the Commission shall comply with any directions (which the Minister for Finance is hereby empowered to give) given by the Minister for Finance to the Commission with regard to such consultants and advisers.<\/p>\n<h4>Advertisements etc., by Commission.<\/h4>\n<p>5.\u2014(1) Section 20 (4) of the Broadcasting Authority Act, 1960 , and section 10 (3) of the Radio and Television Act, 1988 , shall not apply to advertisements broadcast at the request of the Commission in relation to a matter referred to in section 3 concerning the referendum.<\/p>\n<p>(2) The Minister for Arts, Heritage, Gaeltacht and the Islands, if so requested by the Commission following consultation by the Commission with Radio Telef\u00eds \u00c9ireann (\u201cthe Authority\u201d) and consideration of any proposals of the Authority for broadcasts in connection with the referendum that it communicates to the Commission, shall direct the Authority in writing to allocate broadcasting time to facilitate the Commission in performing its functions, and the Authority shall comply with a direction under this subsection.<\/p>\n<p>(3) The Minister for Arts, Heritage, Gaeltacht and the Islands, if so requested by the Commission following consultation by the Commission with An Coimisi\u00fan Um Radio agus Telef\u00eds Neamhsple\u00e1ch\u2014The Independent Radio and Television Commission (\u201cthe Independent Commission\u201d) and consideration of any proposals of the Independent Commission for broadcasts in connection with the referendum by sound broadcasting contractors or television programme service contractors that it communicates to the Commission, shall direct the Independent Commission in writing to arrange for the provision for and on behalf of the Commission of services (with or without charge) including the allocation of broadcasting time to facilitate the Commission in performing its functions, and the Independent Commission shall comply with a direction under this subsection.<\/p>\n<h4>Submissions to Commission in relation to referendum.<\/h4>\n<p>6.\u2014A person may make a submission in writing or by electronic mail to the Commission in relation to the proposal the subject of the referendum within such time as the Commission may specify.<\/p>\n<h4>Declaration that body is an approved body for purposes of a referendum.<\/h4>\n<p>7.\u2014(1) On application in that behalf in accordance with this section to the Commission by a body, the Commission may make a declaration that the body is an approved body for the purposes of the referendum concerned in respect of which the Commission was established.<\/p>\n<p>(2) An application under subsection (1) shall be in writing in a form specified by the Commission or in a form to the like effect and shall be made within such time as the Commission may specify and shall include the address in the State of the body concerned.<\/p>\n<p>(3) Where a body makes an application under this section, it shall nominate a person to be its authorised officer for the purposes of this Act (referred to subsequently in this Act as \u201can authorised officer\u201d) and the name and address of the person so nominated shall be included in the form of application.<\/p>\n<p>(4) A Commission may refuse to make a declaration under subsection (1) if\u2014<\/p>\n<p>(a) in the opinion of the Commission, the body concerned does not have a bona fide interest in the proposal the subject of the referendum concerned,<\/p>\n<p>(b) it fails or refuses to comply with the provisions of this section or section 9 , or<\/p>\n<p>(c) the name of the body is identical with the name of any party registered in the Register of Political Parties, or in the opinion of the Commission so closely resembles such name as to be calculated to mislead, confuse or deceive.<\/p>\n<p>(5) Upon the determination of an application under this section, the Commission shall as soon as may be\u2014<\/p>\n<p>(a) by notice in writing (which may be sent by post) inform the body concerned of the determination and, if it is a refusal to make a declaration under this section, the notice shall include a statement of the reasons for the refusal, and<\/p>\n<p>(b) publish a notice in Iris Oifigi\u00fail of the result of the determination.<\/p>\n<p>(6) A person shall not knowingly furnish false information to the Commission in relation to an application under this section.<\/p>\n<p>(7) A person who contravenes this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding \u00a3500 or to imprisonment for a term not exceeding 3 months or to both.<\/p>\n<p>(8) Where the Commission is satisfied that false information has been furnished to it under this section, the Commission shall revoke any declaration made by it in relation to the application concerned and shall, as soon as may be, notify the body concerned of the revocation and of the reasons therefor.<\/p>\n<p>(9) (a) Subject to paragraph (b), in this section \u201cbody\u201d means a body corporate or unincorporated body which, or a branch of which, is established in the State, governed by a constitution, a memorandum of association or other such document or other written rules and having a membership of not less than 300.<\/p>\n<p>(b) A political party that is for the time being registered in the Register of Political Parties shall be deemed to be a body.<\/p>\n<h4>Publication of notices by Commission.<\/h4>\n<p>8.\u2014The Commission shall as soon as may be after its establishment publish a notice in two or more national newspapers\u2014<\/p>\n<p>(a) indicating that a person may make submissions in writing or by electronic mail to the Commission in relation to the proposal the subject of the referendum,<\/p>\n<p>(b) indicating that a body may apply to the Commission for a declaration under section 7 ,<\/p>\n<p>(c) specifying time limits for the receipt of such submissions and applications, and<\/p>\n<p>(d) specifying the procedures for making such submissions and applications.<\/p>\n<h4>Obligation to provide information or statutory declaration if required.<\/h4>\n<p>9.\u2014(1) The Commission may request from a body that applies for a declaration under section 7 all such information or documents in the possession or procurement of the body that the Commission reasonably requires from it for the purposes of the determination of the application.<\/p>\n<p>(2) Whenever the Commission makes a request under subsection (1), the authorised officer of the body shall furnish the Commission with the information or documents within the time (being not more than 7 days from the day on which the request is made) specified in the request and, if the officer does not comply with the request, the application of that body for a declaration under section 7 shall be deemed to be withdrawn.<\/p>\n<p>(3) The Commission may require that information furnished to the Commission under this section shall be accompanied by a statutory declaration made by the authorised officer concerned that, to the best of the person&#8217;s knowledge and belief, the information is correct in every material respect and that the person has taken all reasonable steps to ensure the accuracy of the information.<\/p>\n<p>(4) A person who knowingly furnishes false information pursuant to a request under this section shall be guilty of an offence.<\/p>\n<p>(5) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding \u00a3500 or to imprisonment for a term not exceeding 3 months or to both.<\/p>\n<p>(6) Where the Commission is satisfied that false information has been furnished to it under this section, the Commission shall revoke any declaration made by it in relation to the application concerned and shall, as soon as may be, notify the body concerned of the revocation and of the reasons therefor.<\/p>\n<h4>Notification of referendum returning officer and local returning officer of details of approved body.<\/h4>\n<p>10.\u2014(1) As soon as practicable after the Commission has made a declaration under section 7 or revoked a declaration under section 7 or 9 , as the case may be, in respect of a body, the Commission shall notify the referendum returning officer of the name and address of the body and the name and address of the authorised officer of the body.<\/p>\n<p>(2) The referendum returning officer shall, as soon as practicable after receipt of a notification under subsection (1), notify each local returning officer of the particulars so notified to him or her under subsection (1).<\/p>\n<h4>Appointment by approved body of agents at a referendum.<\/h4>\n<p>11.\u2014(1) Subject to the provisions of section 26 of the Act of 1994 that are applied by subsection (3), an approved body may appoint a person or persons to act as agent for the body at the referendum concerned to be present\u2014<\/p>\n<p>(a) at the issue of ballot papers to postal voters,<\/p>\n<p>(b) at the opening of postal ballot boxes, and<\/p>\n<p>(c) at the counting of votes,<\/p>\n<p>at the referendum.<\/p>\n<p>(2) An approved body may appoint one personation agent to be present as the agent for the body in each polling station for the purposes of assisting in the detection of personation, and such appointment shall be in writing.<\/p>\n<p>(3) The provisions of subsections (2), (4) to (9), (11) and (12) of section 26 of the Act of 1994 shall apply to persons appointed to act as agents under this section as they apply to agents appointed under the said section 26 with the modification that references to a member of the D\u00e1il shall include references to an approved body and with any other necessary modifications.<\/p>\n<h4>Referendum petition.<\/h4>\n<p>12.\u2014 Section 43 of the Act of 1994 is hereby amended by the insertion of the following subsection after subsection (2):<\/p>\n<p>\u201c(3) A provisional referendum certificate shall not be questioned by reason of a non-compliance by the Referendum Commission with any provision contained in the Referendum Act, 1998, or mistake made by the Referendum Commission if it appears to the High Court that the Referendum Commission complied with the principles laid down in that Act and that such non-compliance or mistake did not materially affect the result of the referendum.\u201d.<\/p>\n<h4>Advances to Commission.<\/h4>\n<p>13.\u2014The Minister by whom the Bill containing the proposal the subject of the referendum concerned was initiated shall, with the consent of the Minister for Finance, advance to the Commission out of moneys provided by the Oireachtas such sums as the Minister may determine for the purposes of expenditure by the Commission in the performance of its functions.<\/p>\n<h4>Reports and information to Minister.<\/h4>\n<p>14.\u2014(1) As soon as may be after the completion of the performance of its functions under this Act, but not later than 6 months thereafter, the Commission shall prepare and submit a report in writing to the Minister in relation to the performance by it of those functions and the Minister shall cause copies thereof to be laid before each House of the Oireachtas.<\/p>\n<p>(2) The Commission shall, whenever so requested by the Minister, furnish to the Minister information in relation to such matters as he or she may specify relating to its activities generally or in respect of any report specified in subsection (1).<\/p>\n<p>(3) The Commission shall stand dissolved one month after the submission of the report under subsection (1) to the Minister.<\/p>\n<h4>Amendment of Act of 1994.<\/h4>\n<p>15.\u2014The Act of 1994 is hereby amended by\u2014<\/p>\n<p>(a) in section 2 (3), the substitution for paragraphs (f), (g), (h), (m) and (v) of the following paragraphs:<\/p>\n<p>\u201c(f) the reference in section 67 of the said Act to section 60 thereof was a reference to section 26 and to section 11 of the Referendum Act, 1998, and \u2018of the candidates\u2019 was deleted,<\/p>\n<p>(g) the references in section 68 of the said Act to each candidate were references to each member of the D\u00e1il for the constituency and each member of the Seanad resident in the constituency concerned and each approved body within the meaning of the Refererendum Act, 1998 and \u2018if the election is contested\u2019 was deleted,<\/p>\n<p>(h) the references in section 73 of the said Act to each candidate were references to each member of the D\u00e1il for the constituency and each member of the Seanad resident in the constituency concerned and each approved body within the meaning of the Referendum Act, 1998,<\/p>\n<p>(m) in section 95 of the said Act \u2018a member of the D\u00e1il for the constituency and any member of the Seanad and a person authorised in writing by the authorised officer of an approved body within the meaning of the Referendum Act, 1998\u2019 was substituted for \u2018a person in respect of whom he is satisfied that that person has a bona fide interest in the D\u00e1il election as either a candidate or a prospective candidate, or the agent of such a person\u2019,<\/p>\n<p>(v) in section 113 of the said Act the references to \u2018each candidate\u2019 were references to each member of the D\u00e1il for the constituency and each member of the Seanad resident in the constituency and each approved body within the meaning of the Referendum Act, 1998 and \u2018of the candidates\u2019 in subsections (2) and (3) was deleted,\u201d,<\/p>\n<p>(b) in section 27(1), the insertion after \u201cat that referendum\u201d of \u201cor for an approved body within the meaning of the Referendum Act, 1998\u201d, and<\/p>\n<p>(c) in section 28\u2014<\/p>\n<p>(i) in subsection (4), the insertion after \u201cresident in the constituency\u201d of \u201cand to each approved body within the meaning of the Referendum Act, 1998\u201d, and<\/p>\n<p>(ii) in subsection (5), the substitution for \u201cany member of the Seanad\u201d of \u201cany such member of the Seanad and a reference to an agent appointed by an approved body within the meaning of the Referendum Act, 1998.\u201d.<\/p>\n<h4>Provisions in relation to offences.<\/h4>\n<p>16.\u2014(1) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been attributable to any wilful neglect on the part of, any person, being a director, manager, secretary or any other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.<\/p>\n<p>(2) Proceedings for an offence under this Act shall not be instituted except by or with the consent of the Director of Public Prosecutions.<\/p>\n<p>Short title, collective citation and construction.<\/p>\n<p>17.\u2014(1) This Act may be cited as the Referendum Act, 1998.<\/p>\n<p>(2) The Referendum Acts, 1992 and 1994 and this Act may be cited together as the Referendum Acts, 1992 to 1998, and shall be construed together as one.<\/p>\n<h2>REFERENDUM ACT, 2001<\/h2>\n<p>AN ACT TO AMEND AND EXTEND THE REFERENDUM ACTS, 1992 TO 2001. [22nd December, 2001]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<h4>Amendment of Referendum Act, 1998.<\/h4>\n<p>1.\u2014The Referendum Act, 1998 , is amended\u2014<\/p>\n<p>(a) by the substitution of the following subsection for subsection (1) of section 3\u2014<\/p>\n<p>\u201c(1) The Commission shall have, in addition to any functions conferred on it by any other provision of this Act, the following principal functions in relation to the referendum in respect of which it is established:<\/p>\n<p>(a) to prepare one or more statements containing a general explanation of the subject matter of the proposal and of the text thereof in the relevant Bill and any other information relating to those matters that the Commission considers appropriate;<\/p>\n<p>(b) to publish and distribute those statements in such manner and by such means including the use of television, radio and other electronic media as the Commission considers most likely to bring them to the attention of the electorate and to ensure as far as practicable that the means employed enable those with a sight or hearing disability to read or hear the statements concerned;<\/p>\n<p>(c) to promote public awareness of the referendum and encourage the electorate to vote at the poll.\u201d;<\/p>\n<p>(b) by the repeal of section 6;<\/p>\n<p>(c) in section 8 by\u2014<\/p>\n<p>(i) the deletion of paragraph (a), and<\/p>\n<p>(ii) the deletion of \u201csubmissions and\u201d in paragraphs (c) and (d).<\/p>\n<p>Short title and collective citation.<\/p>\n<p>2.\u2014(1) This Act may be cited as the Referendum Act, 2001.<\/p>\n<p>(2) The collective citation \u201cThe Referendum Acts, 1992 to 2001\u201d shall include this Act.<\/p>\n<p>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-22078\" data-postid=\"22078\" class=\"themify_builder_content themify_builder_content-22078 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Article 46 Article 46 of the Constitution provides that any provision of the Constitution may be amended by way of variation, addition or appeal in the manner provided by the Article. It requires that the proposal for referendum must be first passed by the Oireachtas, in the same way as an act. The amendment only [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[38],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22078"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=22078"}],"version-history":[{"count":13,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22078\/revisions"}],"predecessor-version":[{"id":34165,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22078\/revisions\/34165"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=22078"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=22078"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=22078"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}