Written answers
Wednesday, 10 July 2024
Department of Housing, Planning, and Local Government
Legislative Process
David Stanton (Cork East, Fine Gael)
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129. To ask the Minister for Housing, Planning, and Local Government if any time limit exists between the enactment of a Bill to change the constitution and the holding of a referendum; and if he will make a statement on the matter. [30067/24]
Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The legal framework for the holding of referendums is set out in the Constitution and the Referendum Act 1994.
Article 46(2) of the Constitution provides that every proposal for an amendment of the Constitution shall upon having been passed or deemed to have been passed by both Houses of the Oireachtas, be submitted by Referendum to the decision of the people in accordance with the law for the time being in force relating to the Referendum.
Section 10(1) of the Referendum Act 1994 provides that whenever a Bill containing a proposal for the amendment of the Constitution shall have been passed, or deemed to have been passed, by both Houses of the Oireachtas, the Minister for Housing, Local Government and Heritage shall, by order, appoint the polling day on which the poll at the referendum on the proposal shall be taken. Section 10(2) of the 1994 Act provides that the polling day shall be not less than thirty days and not more than ninety days after the date of the order.
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