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The Referendum Process

The Constitution of Ireland describes the general characteristics (legal and political) of the State and identifies the formal sources of validity for all branches of our legal system as well as guaranteeing the fundamental rights of people. It establishes the standards to which all State activity (legislative, executive and judicial) must adhere. The Constitution has been enacted by the people. It can be changed only by the people and that change can take place only if the people vote to do so in a referendum. Article 46 of the Constitution sets out the manner in which constitutional change may be effected.

Each proposal to amend the Constitution must be set out in a Bill. The present proposals are set out in the

and

Bills must be passed by the Dáil and Seanad before the proposal to amend the Constitution can be submitted to the people for their decision. Each of these Bills was passed in July 2013.

An Amendment of the Constitution Bill in the Oireachtas is enacted in Irish as well as English. If there is a conflict between the English and Irish language versions of the Constitution, the Irish text prevails (Article 25.5.4°).

The votes in the referendum are counted in each constituency and the results are reported to the referendum returning officer. The returning officer then issues a provisional referendum certificate which states the result of the voting in all constituencies. This is formally published in Iris Oifigiúil (this is the gazette in which official government information is published. It is usually published twice a week – on Tuesdays and Fridays – and is available at www.irisoifigiuil.ie). In the seven days following the formal publication anyone whose name is on the electoral register may apply to the High Court for leave to present a petition questioning the provisional certificate. (This has happened in the case of the Children Referendum.) If this does not happen, the certificate becomes final. If the certificate shows that the majority of votes cast were in favour of the proposal, the Bill is signed by the President and the Constitution is amended accordingly. If the majority of the electorate vote against the proposal, the Bill is not signed and the Constitution is not changed.

 

Transitional Articles of the Constitution

The official published text of the present Constitution has 50 articles. The full text is available at: http://www.irishstatutebook.ie/en/constitution/index.html

This includes the amendments made to the Constitution since it came into effect on 29 December 1937 up to and including the amendments made in June 2012 by the Thirtieth Amendment of the Constitution (Treaty on Stability, Co-ordination and Governance in the Economic and Monetary Union) Act 2012 (generally known as the Fiscal Treaty).

The Children Referendum was held in November 2012: http://www.refcom.ie/en/past-referendums/the-children-referendum/crwebsite/index.html

The proposal to amend the Constitution was passed but the Constitutional change has not yet come into effect because there is a legal challenge to the result (see: Referendum Process). This means that the changes to the Constitution agreed in that referendum cannot come into effect unless and until the High Court decides that the result is valid.

There are a number of articles (Articles 51 – 63) which are not published as part of the official text of the Constitution because they deal with transitional arrangements and they include a requirement that they not be published as part of the official text after a certain time. The referendum on the Court of Appeal includes a proposal for two further Articles which deal with transitional arrangements and which will not be part of the official text of the Constitution after a certain period, see: Court of Appeal Transitional Provisions.

The proposal in relation to the abolition of the Seanad includes the deletion of two existing transitional articles. These are Articles 53 and 55. They deal with the transitional arrangements which were necessary when the Constitution came into effect in 1937.

Article 53

  • On the coming into operation of this Constitution a general election for Seanad Éireann shall be held in accordance with the relevant Articles of this Constitution as if a dissolution of Dáil Éireann had taken place on the date of the coming into operation of this Constitution.
  • For the purposes of this Article references in the relevant provisions of the Constitution to a dissolution of Dáil Éireann shall be construed as referring to the coming into operation of this Constitution, and in those provisions the expression “Dáil Éireann” shall include the Chamber of Deputies (Dáil Éireann) established by the Constitution hereby repealed.
  • The first assembly of Seanad Éireann shall take place not later than one hundred and eighty days after the coming into operation of this Constitution

Article 55

  • After the coming into operation of this Constitution and until the first assembly of Seanad Éireann, the Oireachtas shall consist of one House only.
  • The House forming the Oireachtas under this Article shall be Dáil Éireann.
  • Until the first President enters upon office, Bills passed or deemed to have been passed by the House or by both Houses of the Oireachtas shall be signed and promulgated by the Commission hereinafter mentioned instead of by the President.
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