Establishment of the Referendum Commission
Under the Referendum Act 1998, on each occasion that a referendum falls to be held, the Minister for the Environment, Heritage and Local Government may, at his discretion, appoint a Referendum Commission. A Commission is established by means of an Establishment Order issued by the Minister in respect of the proposed referendum. The Act of 1998 provides that the Chairman of the Commission shall be a former judge of the Supreme Court or the High Court or a judge of the High Court.
On 7 July 2009, the Minister made an Establishment Order in respect of the referendum on the Twenty-Eighth Amendment of the Constitution (Treaty of Lisbon) Bill 2009 (“the Lisbon Treaty Referendum”). Mr Justice Frank Clarke, Judge of the High Court, accepted the nomination of the Chief Justice to act as Chairman of the Referendum Commission established by the Minister.
The other, ex officio, members of the Commission were:
- Mr Kieran Coughlan, Clerk of Dáil Éireann,
- Ms Deirdre Lane, Clerk of Seanad Éireann,
- Ms Emily O'Reilly, Ombudsman,
- Mr John Buckley, Comptroller and Auditor General.
On 13 July 2009, the Minister for the Environment, Heritage and Local Government, by order, appointed Friday 2 October 2009 as the date on which the referendum would be held.
This was the eighth Referendum Commission appointed since the enactment of the 1998 Act.