Recommendations
Based on its experience in this and previous referendum campaigns the Commission wishes to repeat a number of previous recommendations made to the Minister for the Environment, Heritage and Local Government who has overall responsibility for franchise and electoral matters. The Commission also requests that the Oireachtas give consideration to these recommendations.
The Commission recommends that the Minister should consider:
1. Establishment of an independent body - such as the proposed Electoral Commission - which would consolidate the various electoral functions, including those of the Referendum Commission. It is noted that the establishment of an Electoral Commission has been mooted by the Government and the Commission welcomes such a proposal.
This was also a recommendation of the Referendum Commission established for the 27th Amendment of the Constitution Bill 2004 (Irish Citizenship). That Commission pointed out that "Such a body would have the additional advantage of being a permanent and ongoing body, which in the case of referendums at least, would have ample time to prepare and promote public awareness of important constitutional amendments, in which respect the forthcoming referendum to ratify the EU Constitution is an obvious example. In any event, ample time clearly must be given to the Referendum Commission to enable it to explain and promote awareness of the referendum on the EU Constitution."
2. Amending the Referendum Act 1998 in order to allow the Commission to be established in advance of the date on which a Referendum Bill is initiated in Dáil Éireann. It is essential that this happen as the Commission must operate in accordance with EU Directives in relation to procurement. It is also particularly necessary in the case of complex proposals such as the Referendum on the Lisbon Treaty.
Recommendation 2 might be considered if there is likely to be a delay in establishing the proposed Electoral Commission. Reforms such as these would address repeated requests from previous Referendum Commissions that they be given more time to discharge the statutory functions conferred by existing legislation.
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