Seanad debates

Tuesday, 13 November 2012

3:30 pm

Photo of Colm BurkeColm Burke (Fine Gael) | Oireachtas source

My question relates to future referenda. Under the Constitution there is a mechanism that when a Bill is passed by the Oireachtas, the President has a right to refer it to the Supreme Court to be tested. The last time that happened was for the nursing homes Bill. I want to make a similar proposal for future referenda. Before a referendum is held I want the Government to refer documentation to be used for a referendum to the Supreme Court for adjudication. That would mean there would be no outstanding issues to be dealt with and would prevent what happened on this occasion. The same mechanism is in place for legislation and there is no reason we cannot do the same for a referendum.

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