Referendum Act, 1998

• Jurisdiction: Ireland
• Citation: IR No. 1/1998
• Year: 1998

Number 1 of 1998
REFERENDUM ACT, 1998
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Establishment and membership of Commission. 3. Functions of Commission. 4. Consultants and advisers. 5. Advertisements etc., by Commission. 6. Submissions to Commission in relation to referendum. 7. Declaration that body is an approved body for purposes of a referendum. 8. Publication of notices by Commission. 9. Obligation to provide information or statutory declaration if required. 10. Notification of referendum returning officer and local returning officer of details of approved body. 11. Appointment by approved body of agents at a referendum. 12. Referendum petition. 13. Advances to Commission. 14. Reports and information to Minister. 15. Amendment of Act of 1994. 16. Provisions in relation to offences. 17. Short title, collective citation and construction.
Acts Referred to Broadcasting Authority Act, 1960 1960, No. 10 Radio and Television Act, 1988 1988, No. 20 Referendum Act, 1994 1994, No. 12 Referendum Acts, 1992 and 1994
Number 1 of 1998
REFERENDUM ACT, 1998
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]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Interpretation.	1.—(1) In this Act except where the context otherwise requires—
	“the Act of 1994” means the Referendum Act, 1994 ;
	“approved body” means a body declared by the Commission under section 7 to be an approved body;
	“the Commission” means the commission established under section 2 ;
	“functions” 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;
	“the Minister” means the Minister for the Environment and Local Government;
	“referendum” means a constitutional referendum or an ordinary referendum.
	(2) In this Act—
	(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,
	(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,
	(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.
	Establishment and membership of Commission.	2.—(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 “the Commission” to perform the functions conferred on it by this Act.
	(2) An order under subsection (1) shall be made—
	(a) in the case of a constitutional referendum, not earlier than the date on which the Bill concerned is initiated in Dáil Éireann, and
	(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.
	(3) The Commission shall be independent in the performance of its functions.
	(4) The Commission shall consist of a chairperson and 4 ordinary members.
	(5) The chairperson shall be—
	(a) a former judge of the Supreme Court or a former judge of the High Court, or
	(b) following consultation with the President of the High Court, a judge of the High Court,
	nominated by the Chief Justice.
	(6) The ordinary members shall be—
	(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,
	(b) the Ombudsman, or where the office is vacant, the Director of the Office of the Ombudsman,
	(c) the Clerk of Dáil Éireann, or where the office is vacant, the Clerk Assistant of Dáil Éireann, and
	(d) the Clerk of Seanad Éireann, or where the office is vacant, the Clerk Assistant of Seanad Éireann.
	(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—
	(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,
	(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,
	(iii) in the case of the Ombudsman, the Director of the Office of the Ombudsman,
	(iv) in the case of the Clerk of Dáil Éireann, the Clerk Assistant of Dáil Éireann, and
	(v) in the case of the Clerk of Seanad Éireann, the Clerk Assistant of Seanad Éireann,
	shall become and be a member of the Commission for the duration of such inability.
	(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.
	(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.
	(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.
	(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).
	(10) The Commission may act notwithstanding one or more vacancies among its members.
	(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.
	(12) Subject to the provisions of this Act, a Commission shall determine, by standing orders or otherwise, the procedure and business of the Commission.
	(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.
	(14) The following shall be absolutely privileged:
	(a) documents of the Commission, and documents of its members connected with the Commission or its functions, wherever published;
	(b) reports of the Commission, wherever published;
	(c) statements made in any form at meetings or sittings of the Commission by its members or officials and such statements wherever published subsequently;
	(d) submissions made to the Commission under section 6 .
	(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.
	Functions of Commission.	3.—(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:
	(a) to prepare—
	(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
	(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,
	and the statements shall be fair to all interests concerned;
	(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;
	(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.
	(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:
	(a) to prepare, publish and distribute brochures, leaflets, pamphlets and posters, and
	(b) to distribute the statements aforesaid to each presidential elector or each household.
	(3) If the Commission is established before the passing of the Bill containing the proposal or proposals concerned to amend the...