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Twenty-sixth Amendment of the Constitution Bill, 2002 - The Treaty of Nice


Press Release - 31 July 2002

Referendum Commission Outlines Approach to Treaty of Nice Campaign

Mr Justice Tom Finlay, Chairman today outlined the approach which the Referendum Commission proposes to take in relation to the forthcoming campaign on the Treaty of Nice.

At today's press briefing he explained that the primary role of the Commission was to explain the subject matter of the referendum and to encourage the electorate to exercise their vote.

The Commission is anxious to make the maximum use of the additional time provided by the decision of the Government to establish the Commission at an earlier stage than has been the practice in previous referendums he said.

In this respect he explained that the Commission is considering whether, as a precursor to the main campaign, it might be feasible to carry out an exercise in reminding the public about the role of key EU institutions and the main landmarks in Ireland's relationship with the EU since 1973.

The Commission's functions having regard to the amendments contained in the Referendum Act of 2001 may be summarised as follows:
1. An obligation to prepare statements generally explaining the subject matter of the proposal and also containing such other information as we consider appropriate for the purpose of the vote on the referendum.
2. To publish and circulate all that information in such manner as is best calculated to bring it to the attention of the electorate.
To promote public awareness of the referendum and encourage the electorate to vote.

These tasks cannot be approached in isolation one from another Mr Justice Finlay said.

It would obviously be meaningless to promote public awareness of the referendum without informing people to the greatest possible extent of its nature and the possible consequences of its acceptance or rejection, he said.

Similarly, he added, it would be somewhat futile and unreal to urge people to vote in the referendum to a much greater extent than they had previously done in recent referendums unless it was allied to a serious effort to give them the information upon which their decision to vote could properly be made.

It is therefore the intention of the Commission to the greatest possible extent by publications which we hope to bring to every house in Ireland to give the maximum amount of information as to the nature of the proposals in the simplest and clearest terms.

We realise however that this is not an easy task and that there is no simplistic way of explaining the terms of the Treaty of Nice or the possible consequences involved in its acceptance or rejection.

Of necessity it seems to us that people must realise that in order to acquire the sort of information which is necessary to make an informed decision on this referendum they themselves will have to make an effort.

In short, it is not sufficient for us or anyone else merely to urge people to turn up on the day of the vote and vote but we must all persuade them before that date to take the trouble to arm themselves with the information upon which their vote should be based.

Furthermore, since surveys suggest that apathy was a significant factor in recent polls with low turnouts we must try and hope to succeed in persuading people of the very obvious fact that if they do not bother to vote they place important matters which may seriously affect them and their affairs freely into the hands of others with no responsibility to them, he concluded.


Information Note

On each occasion a referendum falls to be held it is a matter for the Minister for the Environment and Local Government to decide whether to establish a Referendum Commission to carry out its functions in relation to the proposed referendum. On July 9th, 2002 the Minister issued an Establishment Order setting up the Commission in respect of the forthcoming referendum. The Commission has been allocated a budget of €3.5m.

Mr Justice Tom Finlay, former Chief Justice of the Supreme Court, has accepted the nomination of the Chief Justice to act as Chairman of the Referendum Commission. Under the Referendum Act, 1998 the four ordinary members of the Commission are the Clerk of the Dáil, the Clerk of the Seanad, the Ombudsman and the Comptroller and Auditor General. The Commission's secretariat is based in the Office of the Ombudsman.

While the Twenty-sixth Amendment Bill, 2002 has been initiated in Dáil Eireann the final debates in the Houses of the Oireachtas will not be completed until September 11th next and the Commission expects that the Government will announce the proposed date for the holding of the referendum shortly after that.

The functions and powers of the Referendum Commission are set out in the Referendum Act, 1998 as amended by the Referendum Act, 2001. The primary role of the Commission is to explain the subject matter of the referendum to the population at large, as simply and effectively as possible, to promote public awareness of the referendum and to encourage the electorate to vote at the poll. The Referendum Commission no longer has a statutory role in outlining the arguments for and against referendum proposals

A selection process to engage an advertising agency has already commenced and will be completed shortly. This agency will plan and oversee the Commission's television and radio broadcasts and advertisements as well as other elements of a comprehensive integrated information campaign. More details on the campaign will be released once the selection process for an advertising agency is complete and detailed planning has commenced.

The Commission has its own website at www.refcom.ie

This contains the text of the Twenty-sixth Amendment Bill and the text of the Treaty of Nice and further information will be added to the website in due course.


For further information contact: Tom Morgan, Secretary, The Referendum Commission, 18 Lower Leeson Street, Dublin 2. Tel:- (01) 6395695 Fax:- (01) 6395684 Email: refcom@ombudsman.irlgov.ie


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