Referendum Act , 1994

PART I General

1. Short title, collective citation and commencement.

1.—(1) This Act may be cited as the Referendum Act, 1994.

(2) Parts II and XXIII (insofar as they relate to referenda) of the Act of 1992 and this Act may be cited together as the Referendum Acts, 1992 and 1994.

(3) This Act (other than this section) shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.

2. Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

“the Act of 1992” means the Electoral Act, 1992;

“a ballot paper” has the meaning assigned to it by section 24;

“constituency” has the meaning assigned to it by section 18;

“constitutional referendum” means a referendum on a proposal for the amendment of the Constitution;

“Dáil” means Dáil Éireann;

“Dáil election” means an election of a member or members to serve in the Dáil;

“elector” means a presidential elector;

“excluded day” means a day which is a Sunday, Good Friday or a day which is a public holiday within the meaning of the Holidays (Employees) Act, 1973, or a day which by virtue of a statute or proclamation is a public holiday;

“the local returning officer” has the meaning assigned to it by section 15;

“the Minister” means the Minister for the Environment;

“the official mark” has the meaning assigned to it by section 25;

“ordinary referendum” means a referendum on a proposal other than a proposal for the amendment of the Constitution;

“a personation agent” has the meaning assigned to it by section 26;

“the polling day” has the meaning assigned to it in Part II;

“a postal voter” means a presidential elector whose name is entered in the postal voters list;

“the postal voters list” means the list prepared pursuant to section 14 of the Act of 1992 insofar as it relates to presidential electors;

“prescribed”, except in section 23, means prescribed by the Minister by regulations;

“presidential elector” means a person entitled to vote at an election of a person to the office of President of Ireland;

“referendum” includes a constitutional referendum and an ordinary referendum;

“a referendum petition” has the meaning assigned to it by section 42;

“the referendum returning officer” has the meaning assigned to it by section 14;

“the register of electors” means the register of presidential electors;

“the register of presidential electors” has the meaning assigned to it by section 13 of the Act of 1992;

“Seanad” means Seanad Éireann;

“a special voter” means a presidential elector whose name is entered in the special voters list;

“the special voters list” means the list prepared pursuant to section 17 of the Act of 1992 insofar as it relates to presidential electors.

(2) In this Act—

(a) a reference to a Part or section is to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended;

(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended;

(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.

(3) For the purpose of the application by virtue of this Act to referenda of certain provisions of the Act of 1992, the said provisions as so applied shall have effect as if—

(a) a reference in that Act to a Dáil elector or an elector was a reference to a presidential elector;

(b) a reference in that Act to a Dáil election or an election was a reference to a referendum;

(c) a reference in that Act to the register of Dáil electors or the register of electors was a reference to the register of presidential electors;

(d) a reference in that Act to a returning officer was a reference to a local returning officer;

(e) a reference in that Act to the Act of 1992 was a reference to this Act, including the provisions of that Act applied to referenda by this Act;

F1[(f) the reference in section 67 of the said Act to section 60 thereof was a reference tosection 26and to section 11 of the Referendum Act, 1998, and "of the candidates" was deleted,]

F1[(g) the references in section 68 of the said Act to each candidate were references to each member of the Dáil for the constituency and each member of the Seanad resident in the constituency concerned and each approved body within the meaning of the Refererendum Act, 1998 and "if the election is contested" was deleted,]

F1[(h) the references in section 73 of the said Act to each candidate were references to each member of the Dáil for the constituency and each member of the Seanad resident in the constituency concerned and each approved body within the meaning of the Referendum Act, 1998,]

(i) in section 74 of the said Act “an agent” was substituted for “the agent of a candidate”;

(j) in section 76 of the said Act the reference to section 129 thereof was a reference to section 38, the references in the said section 76 to the Clerk of the Dáil were references to the referendum returning officer and “of the candidates” was deleted;

(k) in section 81 of the said Act “he receives from the referendum returning officer a copy of the Minister's order appointing the polling day at the referendum” was substituted for “the adjournment of the Dáil election for the purpose of taking a poll”;

(l) F2[…]

F1[(m) in section 95 of the said Act "a member of the Dáil for the constituency and any member of the Seanad and a person authorised in writing by the authorised officer of an approved body within the meaning of the Referendum Act, 1998" was substituted for "a person in respect of whom he is satisfied that that person has abona fideinterest in the Dáil election as either a candidate or a prospective candidate, or the agent of such a person",]

(n) in section 98 of the said Act the following was substituted for paragraph (c)—

“(c) a member of the Dáil for the constituency and any member of the Seanad,”;

and “by or on behalf of the candidates” in paragraph (d) was deleted;

(o) in section 101 of the said Act the reference to sections 38 and 64 thereof was a reference to section 28 and the reference to section 79 thereof was a reference to section 29 and the reference to sections 99 and 100 was a reference to section 31;

(p) in section 103 of the said Act subparagraph (iii) of subsection (4) was deleted and “Are you a personation agent at this referendum?” was substituted for subparagraph (iv) of the said subsection and in subsection (7) “proposal stated therein” was substituted for “particulars stated in respect of each candidate” and in subsection (9) “member of the Dáil or Seanad or a personation agent at the referendum” was substituted for “candidate or agent of a candidate at that election”;

(q) in section 106 of the said Act “any particular result at the referendum” was substituted for “the candidature of a particular person or persons or of members of a political party”;

(r) in section 108 of the said Act, the reference to sections 56, 62 and 63 thereof was deleted and the reference to section 96 thereof was a reference to section 13;

(s) in section 110 of the said Act, the reference to sections 99 and 100 thereof was a reference to section 31;

(t) in section 111 (1) of the said Act, “and section 31 of the Referendum Act, 1994” was inserted after “section”;

(u) in sections 112 and 114 of the said Act the reference to Part XIX thereof was a reference to Part III;

F1[(v) in section 113 of the said Act the references to "each candidate" were references to each member of the Dáil for the constituency and each member of the Seanad resident in the constituency and each approved body within the meaning of the Referendum Act, 1998 and "of the candidates" in subsections (2) and (3) was deleted,]

(w) in section 114 of the said Act “of the candidates” was deleted and “any agent present” was substituted for “the agent of any candidate”;

(x) in section 115 of the said Act “may consider expedient” was substituted for “and the candidates otherwise agree”;

(y) in section 117 of the said Act “Any person, other than the returning officer, his assistants and clerks” was substituted for “Candidates or their agents”;

(z) in section 134 of the said Act the reference to section 68 thereof was a reference to section 28;

(aa) in section 135 of the said Act paragraphs (c) and (d) of subsection (1) and “the election of any person or” in paragraphs (a) and (b) of the said subsection were deleted;

(bb) in section 136 of the said Act paragraphs (b) and (c) and “for a particular person or” in paragraph (a) were deleted;

(cc) in section 137 of the said Act “manner in which” was substituted for “candidate for whom” in each place where the expression occurs and for “name of the candidate for whom” in subsection (4) (c);

(dd) in section 138 of the said Act paragraph (h) and “nomination paper or any certificate of political affiliation or any” in paragraph (g) were deleted, and in the said paragraph (g) “section 31” was substituted for “section 99 or section 100”;

(ee) in section 139 of the said Act the reference to a period of time was a reference to the period commencing on the date of the order appointing the polling day and ending on the publication in Iris Oifigiúil of the provisional referendum certificate;

(ff) in section 140 of the said Act “a particular result” was substituted for “the candidature of any candidate”;

(gg) in sections 140 and 144 of the said Act the references to a returning officer were a reference to the referendum returning officer and a local returning officer;

(hh) in section 144 of the said Act “at the referendum or is actively associated in furthering any particular result at the referendum” was substituted for “for any candidate at that election or who is actively associated in furthering the candidature of any candidate or promoting the interests of any political party at the election”;

(ii) in section 145 of the said Act “nomination of candidates or the” was deleted;

(jj) in section 147 of the said Act “any particular result at the referendum” was substituted for “the interest of a political party or furthering the candidature of a candidate or candidates or soliciting votes for a candidate or candidates” in subsection (2) and “for a candidate or candidates or vote” in paragraph (b) of that subsection was deleted;

(kk) in section 148 of the said Act the reference to section 96 thereof was a reference to section 13;

(ll) in section 153 of the said Act “Any person, other than the returning officer, his assistants and clerks,” was substituted for “A candidate or the agent of a candidate”;

(mm) in section 154 of the said Act the reference to section 130 thereof was a reference to section 39;

(nn) in section 155 of the said Act “or the cesser of membership of the Dáil” was deleted and a reference to section 49 was substituted for the reference to Rule 8 of the Third Schedule thereof;

(oo) in section 156 of the said Act “the decision of the court” was construed as meaning the final order of the High Court on the trial of a referendum petition;

(pp) in section 157 of the said Act the reference to section 133 thereof was deleted; and

(qq) in section 160 of the said Act “or that a particular person was a candidate thereat” was deleted;

and with any other necessary modifications.

3. Regulations.

3.—(1) The Minister may make regulations prescribing any matter or thing that is referred to in this Act, other than in section 23, as prescribed.

(2) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

4. Expenses.

4.—(1) The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(2) The expenses incurred by reason of this Act by An Post shall, to such extent as may be F4[sanctioned by the Minister for Finance with the consent of the Minister for Public Expenditure and Reform], be paid out of the Central Fund or the growing produce thereof.

5. Repeals.

5.—The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

6. Application of certain provisions of Part XXII of Act of 1992.

6.—The provisions of sections 134 to 140, 144 to 150 and 152 to 160 of the Act of 1992 shall, subject to the modifications specified in section 2 (3), apply and have effect in relation to referenda.

7. Secrecy.

7.—A person who at a referendum is—

(a) present at the issue of ballot papers to postal voters,

(b) present while a special voter is voting,

(c) present at the opening of postal ballot boxes,

(d) admitted to a polling station in any capacity, or

(e) present in any capacity at the counting of the votes,

shall maintain, and aid in maintaining the secrecy of the ballot.

8. Prohibition of disclosure of vote.

8.—A person who has voted at a referendum shall not in any legal proceedings be required to state how he voted.

9. Publication of notices.

9.—Any public notice required by this Act to be given by the referendum returning officer or a local returning officer may be given by any method which the returning officer concerned thinks necessary or desirable for the purpose of bringing to the attention of the public the matter the subject of the requirement.

PART II Taking a Referendum

10. The polling day at a constitutional referendum.

10.—(1) Whenever a Bill containing a proposal for the amendment of the Constitution shall have been passed or deemed to have been passed by both Houses of the Oireachtas the Minister shall by order appoint the day (in this Act referred to as “the polling day”) upon which and the period during which the poll at the referendum on such proposal shall be taken.

(2) Subject to section 11, the polling day shall be not less than thirty days and not more than ninety days after the date of the order.

(3) Every order under this section shall be published in Iris Oifigiúil as soon as may be after it is made.

(4) On such a Bill being passed or deemed to have been passed by both Houses the Clerk of the Dáil shall forthwith inform the Minister accordingly.

10A.(1) Notwithstandingsection 10(1), section 11(1)andsection 12(1), the Minister may, in the public interest and where it is necessary to do so having regard to the immediate, exceptional and serious risk posed to human life and public health by a pandemic or by Covid-19 and with the consent ofAn Coimisiún Toghcháin, make an order providing that, in addition to a poll provided for undersection 10(1), section 11(1)orsection 12(1)—

(a) in one or more constituencies, an advance poll may be taken on the day before the day appointed by the Minister undersection 10(1), section 11(1)orsection 12(1), and

(b) a poll referred to inparagraph (a)shall continue for such period, not being less than twelve hours, between the hours of 7 a.m. and 10.30 p.m.

(2) An order under this section shall be published inIris Oifigiúilas soon as may be after it is made.

(3) The returning officer in a constituency to which an order undersubsection (1)applies shall give public notice of the day on which, and the hours during which, the advance poll provided for by that order shall be taken.

(4) In this section—

"Covid-19" means a disease caused by infection with the virus SARS- CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981) or any variant of the disease so specified as an infectious disease in those Regulations;

"pandemic" means an outbreak of disease—

(a) occurring worldwide or over a very wide area, crossing international boundaries and affecting a large number of people, and

(b) which has been declared by the World Health Organisation to be a pandemic.]

11. Power to appoint the same polling day for a general election and a constitutional referendum.

11.—(1) Whenever a Bill containing a proposal for the amendment of the Constitution shall have been passed, or deemed to have been passed, by both Houses of the Oireachtas, and Dáil Éireann is dissolved before the Minister has made under section 10 an order appointing the polling day at the referendum on such proposal, the Minister may (notwithstanding anything contained in the said section 10) by order under that section appoint the polling day at the general election consequent on such dissolution of Dáil Éireann to be the polling day at the referendum.

(2) Whenever a Bill containing a proposal for the amendment of the Constitution shall have been passed, or deemed to have been passed, by both Houses of the Oireachtas, and Dáil Éireann is dissolved after the Minister has made an order (in this subsection referred to as the original order) under section 10 in relation to the referendum on such proposal and before the polling day appointed by that order, the Minister may by order amend the original order by substituting the day which is the polling day at the general election consequent on the dissolution of Dáil Éireann for the day named in the original order as the polling day at the referendum.