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. The Electoral Commission envisaged by the Irish government may subsume the Referendum Commission.
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Background
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 a referendum campaign. Following the McKenna case, the first Referendum Commission was set up for the Amsterdam Treaty referendum.
Composition
The 1998 Act provides that the Chairperson of the commission should be a former judge of the Supreme Court or a serving or former judge of the High Court nominated by the Chief Justice. The other members of the commission are the Comptroller and Auditor General, the Ombudsman, the Clerk of Dáil Éireann and the Clerk of Seanad Éireann. In the event any of those offices are vacant, the 1998 Act provides that the following be appointed respectively instead: Director of the Office of the Ombudsman, Secretary and Director of Audit of the Office of the Comptroller and Auditor General, Clerk Assistant of Dáil Éireann, Clerk Assistant of Seanad Éireann.
The members of the commission for the 2015 referendums are:
Functions
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.
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 use television, radio, press, outdoor and cinema advertising and any other media over the weeks in advance of the referendum to give general information about the issues involved. It may help citizens find out some basic information about how to register to vote. The commission's information booklets are also produced in braille and audiotape for persons with visual impairments. A publication in Irish Sign Language is also produced. A dedicated website is created for the referendum.
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.