The Referendum Commission (Irish: An Coimisiún Reifrinn) is an independent statutory body in Ireland which is set up in advance of any referendum. The Referendum Act 1998 as amended by the Referendum Act 2001 provides for the establishment of the body.[1]
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In 1995 Patricia McKenna won a case in the Supreme Court of Ireland, in which she argued successfully that it was unconstitutional for the Government of Ireland to spend taxpayers money promoting only one side of the argument in referendum campaign. Following the McKenna case, the first Referendum Commission was set up for the Amsterdam Treaty referendum.
The Act of 1998 provides that the Chairman of the commission should be a former judge of the Supreme Court or the High Court or a serving judge of the High Court. The other members of the commission are the Clerk of the Dáil, the Clerk of the Seanad, the Ombudsman and the Comptroller and Auditor General.
The members of the current commission (2011) for the 2011 constitutional referendums are:
| Name | Role / Office |
|---|---|
| Bryan McMahon | Chairman / High Court judge |
| John Buckley | Comptroller and Auditor General |
| Emily O'Reilly | Ombudsman |
| Kieran Coughlan | Clerk of the Dáil |
| Deirdre Lane | Clerk of the Seanad |
Under the Referendum Act 1998 the commission initially had the role of setting out the arguments for and against referendum proposals, having regard to submissions received from the public. Following the passing of the Referendum Act 2001 the commission no longer has a statutory function in relation to putting the arguments for and against referendum proposals. The 2001 Act also removed from the commission the statutory function of fostering and promoting debate or discussion on referendum proposals.[2]
A new referendum commission may be set up in for each new referendum that takes place, if the Minister for the Environment, Community and Local Government makes a ministerial order to appoint a commission. The current primary role of the commission is to explain the subject matter of referendum proposals, to promote public awareness of the referendum and to encourage the electorate to vote. It may help citizens find out some basic information about how to register to vote.[2] The commission's information booklets are also produced in braille and audiotape for persons with visual impairments.
Once the commission completes its functions it furnishes a report to the Minister, within six months, on the carrying out of its functions and the commission then dissolves one month after the submission of this report.
| Date established[2] | Subject | Date of referendum | Referendum | Cost |
|---|---|---|---|---|
| 2 March 1998 | Amsterdam Treaty | 22 May 1998 | 18th Amendment | €2.8m |
| 22 April 1998 | Belfast Agreement | 22 May 1998 | 19th Amendment | €2.7m |
| 4 May 1999 | Local government | 11 June 1999 | 20th Amendment | €0.8m |
| 17 April 2001 | Death penalty | 7 June 2001 | 21st Amendment | €1.1m |
| ICC | 23rd Amendment | €1.1m | ||
| Treaty of Nice | 24th Amendment Bill, 2001 | €1.6m | ||
| 8 February 2002 | Abortion | 6 March 2002 | 25th Amendment Bill, 2002 | €2.6m |
| 9 July 2002 | Treaty of Nice | 19 October 2002 | 26th Amendment | €4.1m |
| 22 April 2004 | Citizenship | 11 June 2004 | 27th Amendment | €3.1m |
| 6 March 2008 | Treaty of Lisbon | 12 June 2008 | 28th Amendment Bill, 2008 | €5.0m |
| 7 July 2009 | Treaty of Lisbon[3] | 2 October 2009 | 28th Amendment | N/A |
| 5 September 2011 | Judges' Remuneration[4] | 27 October 2011 | 29th Amendment | |
| 13 September 2011 | Oireachtas Inquiries[4] | 27 October 2011 | 30th Amendment |
On 6 March 2008, the then Minister for the Environment, Heritage and Local Government, John Gormley established a referendum commission for the first referendum on the Treaty of Lisbon.[5] The minister did not restore the original remit of the commission – to outline arguments for and against the referendum – however during the campaign against the first Treaty of Nice referendum by the Green Party, Gormley had praised the role of the commission in advancing the pros and cons of the treaty.[6]