Referendum Act, 1942

The respondent to a referendum petition.

35.—(1) Where a referendum petition is presented by a person other than the Attorney-General, the Attorney-General shall be named therein as the respondent thereto.

(2) Where a referendum petition is presented by the Attorney-General, no person shall be named therein as the respondent thereto but the High Court may, if it so thinks proper, assign counsel to present the case against the petition.

(3) Where, in a referendum petition or any particulars filed in relation thereto or at the hearing of a referendum petition, any particular person is alleged to have been guilty of a corrupt practice in relation to the referendum or where a copy of a referendum petition is served on a particular person by direction of the High Court, the High Court may, on the application of that person, add or name him as a respondent to such petition.

(4) Where, at the trial of a referendum petition presented by the Attorney-General, a question of law arises in relation to anything done or omitted by the referendum returning officer or a local returning officer, the High Court may, on the application of the Attorney-General, name the referendum returning officer or such local returning officer (as the case may be) as respondent to such petition to argue the said question of law, but for no other purpose.

(5) Where the referendum returning officer or a local returning officer is named as respondent to a referendum petition under the next preceding sub-section of this section, the costs and expenses incurred by such officer in or about appearing on and arguing the question of law shall be defrayed by the Minister for Finance out of moneys provided by the Oireachtas.

(6) References in this section to arguing a question of law shall be construed and have effect as including arguing such question before the Supreme Court on a case stated (if any) thereon as well as arguing such question before the High Court.