REFERENDUM (AMENDMENT) ACT, 1972

AN ACT TO AMEND THE REFERENDUM ACTS, 1942 TO 1972. [11th November, 1972]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 Constitutional referenda in relation to Fourth Amendment of the Constitution Bill, 1972, and Fifth Amendment of the Constitution Bill, 1972.

1.—At a constitutional referendum in relation to the Fourth Amendment of the Constitution Bill, 1972, and at a constitutional referendum in relation to the Fifth Amendment of the Constitution Bill, 1972—

• (a) a polling card sent under section 64 (1) of the Electoral Act, 1963, shall contain the statement set out in the Appendix to this section,

• (b) a polling card shall also be sent by the local returning officer for a constituency to every elector whose name is on the register of Dáil electors for such constituency and is on the postal voters list for such constituency,

• (c) a polling card sent under paragraph (b) of this section—

• (i) shall indicate that it is for a postal voter and shall accordingly not state the number and place referred to in the said section 64 (1),

• (ii) shall contain the statement referred to in paragraph (a) of this section, and

• (iii) shall be sent by post to the elector at the same time as his ballot paper is sent, being addressed to him at the same address as is stated on the envelope in which the ballot paper is sent.

• (d) subsections (3) to (6) of the said section 64 shall apply in relation to polling cards sent under paragraph (b) of this section,

• (e) copies of the statement referred to in paragraph (a) of this section shall be displayed by a presiding officer in and in the precincts of his polling station:

Provided that no referendum shall be invalidated by reason of any failure to display such copies in or in the precincts of any polling station,

• (f) in applying Rule 18 (inserted by the Electoral Act, 1963) of the First Schedule to the Referendum Act, 1942, the following paragraph shall be substituted for paragraph (5)—

• “(5)

  • (a) Where a ballot paper is to be marked pursuant to paragraph (3) of this Rule, the presiding officer may assist the voter by reading out in full from the ballot paper the proposal stated therein and asking the voter ‘Do you approve of or do you object to that Bill becoming law?’ and shall then, unless it is a case to which subparagraph (b) of this paragraph applies, mark the ballot paper in accordance with the answer of the voter, but he shall not act on any written instruction.

  • (b) Where the voter fails to understand the import of the said question, the presiding officer—

    • (i) shall read out to the voter such statement of the proposal which is the subject of the referendum as is set out in paragraph 1 of the Appendix to section 1 of the Referendum (Amendment) Act, 1972,

    • (ii) shall then ask the voter ‘Which do you wish to do—to vote in favour of the proposal to change the Constitution? or to vote against the proposal to change the Constitution?’, and

    • (iii) shall then mark the ballot paper in accordance with the answer of the voter, but shall not act on any written instruction.”

APPENDIX

GREEN BALLOT PAPER

The Fourth Amendment of the Constitution Bill, 1972, proposes to reduce the minimum voting age at Dáil and Presidential elections and Referenda from 21 years to 18 years.

WHITE BALLOT PAPER

The Fifth Amendment of the Constitution Bill, 1972, proposes to delete subsections 2° and 3° of Article 44.1 of the Constitution which provide as follows:

2° The State recognises the special position of the Holy Catholic Apostolic and Roman Church as the guardian of the Faith professed by the great majority of the citizens.

3° The State also recognises the Church of Ireland, the Presbyterian Church in Ireland, the Methodist Church in Ireland, the Religious Society of Friends in Ireland, as well as the Jewish Congregations and the other religious denominations existing in Ireland at the date of the coming into operation of this Constitution.

If the proposal is approved Article 44 would provide as follows:

Religion.

Article 44.

2° The State guarantees not to endow any religion.

3° The State shall not impose any disabilities or make any discrimination on the ground of religious profession, belief or status.

4° Legislation providing State aid for schools shall not discriminate between schools under the management of different religious denominations, nor be such as to affect prejudicially the right of any child to attend a school receiving public money without attending religious instruction at that school.

5° Every religious denomination shall have the right to manage its own affairs, own, acquire and administer property, movable and immovable, and maintain institutions for religious or charitable purposes.

6° The property of any religious denomination or any educational institution shall not be diverted save for necessary works of public utility and on payment of compensation.

2 Short title, collective citation and construction.

2.—(1) This Act may be cited as the Referendum (Amendment) Act, 1972.

• (2) The collective citation, the Referendum Acts, 1942 to 1972, shall include this Act.

• (3) This Act shall be construed as one with the Referendum Acts, 1942 to 1972.