Referendum (Amendment) Act, 1987

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Number 4 of 1987


REFERENDUM (AMENDMENT) ACT, 1987


ARRANGEMENT OF SECTIONS

Section

1.

Constitutional referendum in relation to Tenth Amendment of the Constitution Bill, 1987.

2.

Short title, collective citation and construction.


Acts Referred to

Electoral Act, 1963

1963, No. 19

Electoral (Amendment) Act, 1985

1985, No. 12

Electoral (Amendment) (No. 2) Act, 1986

1986, No. 35

Referendum Act, 1942

1942, No. 8

Referendum Acts, 1942 to 1986

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Number 4 of 1987


REFERENDUM (AMENDMENT) ACT, 1987


AN ACT TO AMEND THE REFERENDUM ACTS, 1942 TO 1986. [2nd May, 1987]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Constitutional referendum in relation to Tenth Amendment of the Constitution Bill, 1987.

1.—At a constitutional referendum in relation to the Tenth Amendment of the Constitution Bill, 1987—

(a) a polling card sent under section 64 (1) of the Electoral Act, 1963 , as amended by section 3 of the Electoral (Amendment) Act, 1985 , shall contain the statements set out in Parts I and II of the Appendix to this section,

(b) copies of the statements referred to in paragraph (a) of this section shall also be sent by the local returning officer for a constituency to every elector whose name is on the register of presidential electors for such constituency and is on the postal voters list for such constituency at the same time as his ballot paper for the poll at the referendum is sent to him,

(c) copies of the statements referred to in paragraph (a) of this section shall also be sent by the local returning officer for a constituency to every elector whose name is on the register of presidential electors for such constituency and is on the special voters list (within the meaning of the Electoral (Amendment) (No. 2) Act, 1986 ) for such constituency and shall be so sent in sufficient time to be delivered in the ordinary course of post before the delivery to the elector concerned of the documents referred to in section 10 (1) of the said Electoral (Amendment) (No. 2) Act, 1986 ,

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

Provided that the referendum shall not be invalidated by reason of any failure to display such copies in or in the precincts of any polling station,

(e) in applying Rule 18 (inserted by the Electoral Act, 1963 ) of the First Schedule to the Referendum Act, 1942 , thefollowing 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, or does not answer the question the presiding officer—

(i) shall read out to the voter paragraph 1 of the statement set out in Part I or Part II, as appropriate, of the Appendix to section 1 of the Referendum (Amendment) Act, 1987,

(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 instructions.”.

APPENDIX

Part I

1. Is é atá beartaithe leis an mBille um an Deichiú Leasú ar an mBunreacht, 1987, a chur ar chumas an Stáit an Ionstraim Eorpach Aonair a dhaingniú tríd an abairt seo a leanas a chur isteach i bhfoalt 3° d'alt 4 d'Airteagal 29 den Bhunreacht tar éis na chéad abairte:

“Tig leis an Stát an Ionstraim Eorpach Aonair (do sínigheadh tar ceann Bhallstáit na gComhphobal i Lucsamburg an 17adh lá d'Fheabhra, 1986, agus insan Háig an 28adh lá d'Fheabhra, 1986) do dhaingniú.”.

2. M? THOIL?ONN tú leis an togra, cuir X os coinne an fhocail T? ar an bpáipéar ballóide.

3. MURA dTOIL?ONN tú leis an togra, cuir X os coinne an fhocail N?L ar an bpáipéar ballóide.

4. Is féidir cóip den Bhille a iniúchadh saor in aisce, agus is féidir é a cheannach ar dhá phingin, in aon Phost-Oifig.

Part II

1. The Tenth Amendment of the Constitution Bill, 1987, proposes to enable the State to ratify the Single European Act by inserting the sentence here following into subsection 3° of section 4 of Article 29 of the Constitution after the first sentence:

“The state may ratify the Single European Act (signed on behalf of the Member States of the Communities at Luxembourg on the 17th day of Februray, 1986, and at The Hague on the 28th day of Februray, 1986).”.

2. If you APPROVE of the proposal, mark X opposite the word YES on the ballot paper.

3. If you DO NOT APPROVE of the proposal, mark X opposite the word NO on the ballot paper.

4. A copy of the Bill can be inspected free of charge, and purchased for two pence, at any Post Office.

Short title, collective citation and construction.

2.—(1) This Act may be cited as the Referendum (Amendment) Act, 1987.

(2) The Referendum Acts, 1942 to 1986 and this Act may be cited together as the Referendum Acts, 1942 to 1987.

(3) This Act shall be construed as one with the Referendum Acts, 1942 to 1986.