Referendum Act, 1998

Establishment and membership of Commission.

2.—(1) Whenever a referendum falls to be held, or, in the case of a constitutional referendum, may fall to be held, the Minister may, if he or she considers it appropriate, by order establish a commission which shall be known as the Referendum Commission and is referred to in this Act as “the Commission” to perform the functions conferred on it by this Act.

(2) An order under subsection (1) shall be made—

(a) in the case of a constitutional referendum, not earlier than the date on which the Bill concerned is initiated in Dáil Éireann, and

(b) in the case of an ordinary referendum, not later than the date of the making of the relevant order under section 12 of the Act of 1994.

(3) The Commission shall be independent in the performance of its functions.

(4) The Commission shall consist of a chairperson and 4 ordinary members.

(5) The chairperson shall be—

(a) a former judge of the Supreme Court or a former judge of the High Court, or

(b) following consultation with the President of the High Court, a judge of the High Court,

nominated by the Chief Justice.

(6) The ordinary members shall be—

(a) the Comptroller and Auditor General, or where the office is vacant, the Secretary and Director of Audit of the Office of the Comptroller and Auditor General,

(b) the Ombudsman, or where the office is vacant, the Director of the Office of the Ombudsman,

(c) the Clerk of Dáil Éireann, or where the office is vacant, the Clerk Assistant of Dáil Éireann, and

(d) the Clerk of Seanad Éireann, or where the office is vacant, the Clerk Assistant of Seanad Éireann.

(7) (a) Where, before the completion of the performance of the functions of the Commission, a member of the Commission notifies the Minister that he or she is for any reason temporarily unable to act as such member then—

(i) in the case of the chairperson, a former judge of the Supreme Court, or a judge or former judge of the High Court, nominated by the Chief Justice following consultation in the case of a judge of the High Court with the President of the High Court,

(ii) in the case of the Comptroller and Auditor General, the Secretary and Director of Audit of the Office of the Comptroller and Auditor General,

(iii) in the case of the Ombudsman, the Director of the Office of the Ombudsman,

(iv) in the case of the Clerk of Dáil Éireann, the Clerk Assistant of Dáil Éireann, and

(v) in the case of the Clerk of Seanad Éireann, the Clerk Assistant of Seanad Éireann,

shall become and be a member of the Commission for the duration of such inability.

(b) Where a person becomes a member of the Commission pursuant to paragraph (a) for the duration of an inability, the member of the Commission who is temporarily unable to act as such member shall be deemed for such duration not to be a member of the Commission.

(8) Where the Chief Justice nominates a person under subsection (5) or (7), he or she shall notify the Minister in writing of the name of the person so nominated and upon receipt of the notification the Minister shall appoint a day for the purposes of those subsections and upon that day the person shall become and be a member of the Commission.

(9) (a) Where, before the completion of the performance of the functions of the Commission, a member of the Commission ceases to hold the office by virtue of which he or she became a member of the Commission, he or she shall continue to be a member of the Commission until the performance of those functions have been completed, unless otherwise directed by the Minister.

(b) The provisions of subsection (6) shall not apply in a case where a person continues to be a member of the Commission pursuant to paragraph (a).

(10) The Commission may act notwithstanding one or more vacancies among its members.

(11) A member of the Commission shall not advocate or promote a particular result at the referendum in respect of which the Commission has been established.

(12) Subject to the provisions of this Act, a Commission shall determine, by standing orders or otherwise, the procedure and business of the Commission.

(13) The Minister for Finance shall make available to a Commission such reasonable facilities and services (including clerical, secretarial and executive services) as the Minister for Finance, after consultation with the Commission, shall determine.

(14) The following shall be absolutely privileged:

(a) documents of the Commission, and documents of its members connected with the Commission or its functions, wherever published;

(b) reports of the Commission, wherever published;

(c) statements made in any form at meetings or sittings of the Commission by its members or officials and such statements wherever published subsequently;

(d) submissions made to the Commission under section 6 .

(15) Every order made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made.