Dr. David Kenny:

I thank the Senator. We consider in the report the sort of referendum that should be held. Our conclusion is that at least some category of constitutional change is necessary anyway. It can be effected as a constitutional referendum if that were chosen. Outside of that, referendums would have to be a consultative or non-binding exercise. In the report we consider the possibility that there could be a binding non-constitutional referendum because of the particular provisions related to the Good Friday Agreement. However, the likelihood is that given that some constitutional change will be happening, and perhaps a great deal, and given that otherwise the mechanisms for an Irish constitutional change referendum will function, such as a 50% plus one majority required to pass it and so on, that would be a satisfactory mechanism for the most part.

It would be possible to legislate for another type of referendum to be held but it probably could not be binding in the same way as a constitutional referendum would be. It could not bind the Legislature to act in the same way so I believe there would be some issues with that.