You may vote Yes or No to the proposal to abolish Seanad Éireann. The abolition of the Seanad would mean there would be changes to how laws are made in this country, and those changes are detailed here . But there would be other changes too, some of which are outlined below.
Referral of Bills to the People
The Constitution provides that Bills may be referred to the people for a referendum if a majority of members of the Seanad and not less than one third of the members of the Dáil ask the President not to sign a Bill because it contains a proposal of such national importance that the decision to have such a law should be made by the people. The President may agree or disagree with this request.
If this referendum is passed:
- This possibility of the reference of Bills to the people by the President will be removed from the Constitution.
Approval of certain European Union (EU) proposals
At present, Ireland may adopt and implement certain EU laws and decisions – for example, in the areas of justice, free movement of people and certain amendments to EU treaties – only if this is approved in advance by both the Dáil and the Seanad.
If this referendum is passed:
- Only the approval of the Dáil will be required for the adoption of such EU laws and decisions.
National Emergency
The Oireachtas has the power to pass laws for the purpose of securing public safety and the preservation of the State in time of war or armed rebellion. These laws may not be challenged in the Courts on the basis that they are unconstitutional.
If a war is going on but the State is not involved in it, such laws may be passed provided the Dáil and the Seanad has each decided that, arising from the war, a national emergency exists affecting the vital interests of the State.
If this referendum is passed:
- The Dáil alone will have the power to pass national emergency laws and to decide a national emergency exists.
Nominations for President
At present, a candidate for President may be nominated by 20 members of the Dáil and Seanad.
If this referendum is passed:
- A nomination for President may be made by 14 members of the Dáil.
Presidential Commission
The Presidential Commission is the body that takes on the duties of the President if he or she is absent or unable to act for various reasons. At present, its members are the Chief Justice, the Ceann Comhairle (Chairman of the Dáil) and the Cathaoirleach (Chairman) of the Seanad.
If this referendum is passed:
- The Presidential Commission will include the Leas-Cheann Comhairle (Deputy Chairman of the Dáil) instead of the Cathaoirleach of the Seanad.
Council of State
The Council of State is an advisory body to the President. At present its membership includes the Cathaoirleach of the Seanad.
If this referendum is passed:
- The Council of State’s membership will include the Leas-Cheann Comhairle instead of the Cathaoirleach of the Seanad.
Members of the Government
At present a maximum of two government ministers may be members of the Seanad. All the rest must be members of the Dáil.
If this referendum is passed:
- All ministers must be members of the Dáil.
Removal of the President from office
The President may be impeached for stated misbehaviour. That means that formal charges may be made against him/her. The process may start in either the Dáil or the Seanad. A proposal to impeach the President must be signed by at least 30 members of one of the Houses. That proposal may be adopted if it is supported by at least two-thirds of the total membership of the House. If adopted by one House, the charges against the President are then investigated by the other House. If at least two-thirds of the total membership of the other House decides that the charges are valid, the President is removed from office.
If this referendum is passed:
- Impeachment of the President would be dealt with by the Dáil. A proposal to impeach would need the signatures of at least 30 members of the Dáil and its adoption would need the agreement of at least four-fifths of the total membership of the Dáil. The Dáil would then investigate the charges against the President and could remove him/her from office if four-fifths of its total membership agree.
Removal of Judges from office
Judges of the Supreme Court and the High Court may be removed from office for stated misbehaviour or incapacity only if a simple majority of the members present and voting in each of the Dáil and Seanad pass resolutions to that effect.
If this referendum is passed:
- Judges could be removed from office for stated misbehaviour or incapacity if at least two-thirds of the total membership of the Dáil so decide.
Removal of the Comptroller & Auditor General from office
The present arrangements for removing the Comptroller & Auditor General from office are the same as for judges.
If this referendum is passed:
- The arrangements for removing the Comptroller & Auditor General from office would be changed in the same way as for judges.
