Ordinary referendum
An ordinary referendum in
Overview
The
The process leading to an ordinary referendum is in several stages:
- the Dáil passes a bill and sends it to the Seanad
- either
- the Seanad rejects or amends the bill; or
- 90 days elapse without the Seanad passing or rejecting the bill
- the Dáil passes a resolution deeming the bill to have been passed unamended by the Seanad
- Oireachtas members petition the President to refer the bill to the people
- the President
- confers with the Council of State; and
- decides to refer the bill to the people
- the Government decides to hold a referendum
- the referendum is held
The petition process is outlined in Article 27 of the Constitution and detailed in the Constitution (Verification of Petition) Act, 1944.
The referendum process is broadly similar to that for a constitutional referendum; both are outlined in Article 47 of the Constitution and detailed in the Referendum Act, 1994. The electorate, as for constitutional referendums and
Process
Once a bill is passed by both houses of the Oireachtas, or passed by the Dáil and deemed to have been passed by the Seanad, it is sent to the President to be
In considering the petition, the President must convene a meeting of the
The President has 10 days to decide on the petition, or 6 days if there was an Article 26 decision beforehand. If he rejects the petition, he simply signs the bill as normal; if he accepts it, he informs the Taoiseach, Ceann Comhairle of the Dáil, and Cathaoirleach of the Seanad in writing. The Constitution specifies that one of two things may happen within 18 months of the decision to refer the bill to the people:
- an ordinary referendum approves the bill; or
- a general election is held, followed by a resolution of the Dáil approving the bill. The intervening general election is presumed to have given the same mandate for the bill that an ordinary referendum would have given.
If either happens, the President must then sign the bill. If neither happens, the bill lapses by default. The authority to decide whether to hold a referendum is vested in the Government by the Referendum Act 1994.[11]
History
The 1922
The sole attempt to invoke this was in relation to the Electoral (Amendment) (No. 2) Act, 1927, which penalised Oireachtas members who refused to take the Oath of Allegiance.[15] Fianna Fáil TDs, who were abstentionist and refused to take the Oath, attempted to lodge a petition under Article 47; the then government introduced another bill to amend the Constitution such that only TDs and Senators who had taken the Oath would have the power to make such a petition.[16][17] When Fianna Fáil subsequently entered the Dáil, the next government deleted Article 47 from the Constitution altogether in 1928.[17][18][19]
The current 1937 Constitution included a transitional provision for the first President's first three years, during which constitutional amendments could be enacted without referendum. The President could override this and demand a referendum: unlike an ordinary referendum, no Oireachtas petition was required, although a meeting of the Council of State was.[20] In the event, both the First Amendment (1939) and the Second Amendment (1941) were passed with cross-party support and signed by Douglas Hyde without referendum.
The 2013 bill to abolish the Seanad would, if enacted, also have removed the provision for ordinary referendums.[21] This was given as a reason for opposing the bill by Professor Richard Sinnott,[22] the Green Party,[23] and Éamon Ó Cuív.[24]
Mooted petitions
Although no petition to the President has ever been made under Article 27,[2] there are several instances where the possibility of such a petition being made has entered the public debate about proposed bills.
Senator
In 1997, the
In 2012, the government took some time to decide whether the ratification of the European Fiscal Compact would be passed by ordinary law or as a constitutional amendment. The opposition threatened to invoke Article 27 to force a referendum in the former case,[36] which was one factor in the government's decision to use a constitutional amendment, which was passed at referendum.
In 2013, the media reported that some government and opposition backbenchers were contemplating invoking Article 27 in relation to the Protection of Life During Pregnancy Act 2013, the government's bill to enforce the X-case judgment.[37]
Sinn Féin, during controversy over Irish Water, called on President Michael D. Higgins to refer the Water Services Bill 2014 to the people; the Office of the President responded that without the prescribed Oireachtas petition, he was unable to do so.[38]
References
- Irish Statute Book:
- Constitution of Ireland Articles 26.3.2°, 27, 47
- Petition from Oireachtas to President: Constitution (Verification of Petition) Act, 1944
- Ensuing referendum:
- Referendum Act, 1994 (current procedure)
- Referendum Act, 1942 (former procedure)
- Hogan, Gerard W.; Whyte, Gerry; ISBN 9781854758958.
Notes
- ^ "The Referendum in Ireland" (PDF). Department of the Environment, Heritage and Local Government. Archived from the original (PDF) on 10 September 2008. Retrieved 23 April 2008.
- ^ ISBN 9780415476713.
- ^ "Ordinary Referendum". Dublin: Citizens Information Bureau. 30 April 2008.
- ^ Constitution of Ireland, Article 23.1
- ^ Constitution of Ireland, Article 47
- ^ Constitution of Ireland, Article 47.2
- ^ Hogan et al. 2003, p.419, §4.5.113
- ^ Constitution of Ireland, Article 25.2,25.3
- ^ Constitution of Ireland, Article 27.1
- ^ a b "Constitution (Verification of Petition) Act, 1944". Irish Statute Book. Retrieved 24 June 2013.
- ^ "Referendum Act, 1994, Section 12(1)(b)". Irish Statute Book. Retrieved 24 June 2013.
- ^ a b c "Constitution of the Irish Free State (Saorstát Eireann) Act, 1922". Irish Statute Book. Retrieved 23 June 2013.
- ^ Hogan et al. 2003, p.418, §4.5.112
- ^ Sait, Edward McChesney (1938). Political Institutions: A Preface. D. Appleton-Century Company, incorporated. p. 332. Retrieved 23 June 2013.
- ^ "Electoral (Amendment) (No. 2) Act, 1927". Irish Statute Book. Retrieved 23 June 2013.
- ^ "PUBLIC BUSINESS. – CONSTITUTION (AMENDMENT No. 6) BILL, 1927—SECOND READING". Dáil Éireann debates. 27 July 1927. Retrieved 23 June 2013.
- ^ a b Lyons, Francis Stewart Leland (1985). Ireland since the famine. Fontana. p. 498.
- ^ "PUBLIC BUSINESS. – CONSTITUTION (AMENDMENT No. 10) BILL, 1928—FIRST STAGE". Dáil Éireann debates. 7 June 1928. Retrieved 23 June 2013.
- ^ "Constitution (Amendment No. 10) Act, 1928". Irish Statute Book. Retrieved 23 June 2013.
- ^ Peaslee, Amos J. (1950). "Constitution of Ireland, Article 51". Constitutions of nations: the first compilation in the English language of the texts of the constitutions of the various nations of the world, together with summaries, annotations, bibliographies, and comparative tables. Concord, NH: Rumford Press. pp. 263–4. Retrieved 11 January 2016.
- ^ "Explanatory memorandum to bill as initiated" (PDF). Thirty-second Amendment of the Constitution (Abolition of Seanad Éireann) Bill 2013. Oireachtas. 6 June 2013. p. 7. Retrieved 6 June 2013.
- ^ Sinnott, Richard (3 October 2013). "Letters: Referendum on the future of the Seanad". The Irish Times. Retrieved 9 October 2013.
- ^ "Voting yes on Friday gives absolute power to the Dáil – to be avoided at all costs" (Press release). Green Party. 30 September 2013. Archived from the original on 29 October 2013. Retrieved 9 October 2013.
- ^ "Ó Cuív warns that Yes vote will scrap more than just Seanad". Galway Advertiser. 3 October 2013. Retrieved 9 October 2013.
- ^ "Order of Business". Seanad Éireann debates. 10 August 1971. pp. Vol.71 c.3–4. Archived from the original on 29 October 2013. Retrieved 23 June 2013.
- ^ "Family Planning Bill, 1973: Second Stage (Resumed)". Seanad Éireann debates. 27 March 1974. p. Vol. 77 No. 7 p.5 cc.645–6. Retrieved 23 June 2013.
- ^ "Broadcasting Bill, 1990: Second Stage (Resumed)". Seanad Éireann debates. 18 July 1990. pp. Vol. 126 No. 4 p.3 c.762. Retrieved 23 June 2013.
- ^ "Twelfth Amendment of the Constitution Bill, 1992: Committee and Final Stages". Dáil Éireann debates. 27 October 1992. p. Vol. 424 No. 4 p.4 cc.810–1. Retrieved 26 June 2013.
- ^ a b Hogan et al. 2003, p.418, fn.
- ^ "Private Notice Questions. – Care of Rape Victim". Dáil Éireann debates. 18 November 1997. pp. Vol. 482 No. 8 p.13 cc.1532–6. Retrieved 26 June 2013.
- ^ "Govt drops proposal to petition President on abortion". Irish Independent. 12 December 1997. Retrieved 23 June 2013.
- ^ Twenty-fifth Amendment of the Constitution (Protection of Human Life in Pregnancy) Bill, 2001 Oireachtas debates and text of bill
- ^ Kelly, J (1 February 2002). "Judgment: Judicial review between Johanna Morris and Sian Ní Mhaoldomnaigh applicants and the Minister for the Environment and Local Government respondent" (PDF). Dublin: High Court. pp. 2002/18JR. Retrieved 23 June 2013.
- ^ "Order of Business". Seanad Éireann debates. 25 February 2004. pp. Vol.175 c.1086. Archived from the original on 29 October 2013. Retrieved 23 June 2013.
- ^ "SF calls for Nama referendum". Irish Examiner. 14 September 2009. Retrieved 23 June 2013.
- ^ Halpin, Padraic (1 February 2012). "Irish opposition push for EU treaty vote". Reuters. Retrieved 23 June 2013.
- ^ "TDs to bring abortion legislation to referendum". Irish Examiner. 23 June 2013. Retrieved 23 June 2013.
- ^ Collins, Stephen (29 December 2014). "President Higgins ignores pleas and signs Water Services Bill into law". The Irish Times. Retrieved 29 December 2014.