Referendum Commission

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.

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.

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.

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