User:Jnestorius/Referendums and plebiscites in the Republic of Ireland

<Elections in the Republic of Ireland#Referendums The Constitution of Ireland recognises two types of referendum:

• On a proposed amendment to the Constitution, for which a referendum is always required, and the amendment is defeated by a majority of those voting;
• An "ordinary referendum", on a bill other than an amendment to the Constitution, for which a referendum is only required on petition of Oireachtas members, and the bill is defeated by a majority of those eligible to vote;

There have been 38 referendums for amendments to the Constitution of Ireland. There have been no ordinary referendums.

Provision is made in some statutes for plebiscites by a local authority or statutory body of residents or owners of property affected by a local provision.

History

In 1954 there were "two surviving instances in local government law in which the people are called to come together to deliberate and take decisions", i.e. via a public meeting:

• to request establishment of town commissioners under Towns Improvement (Ireland) Act 1854 (ss.4–10; ss.11 et seq repealed 1898)
• to promote or approve a private bill, under the Borough Funds (Ireland) Act 1888

Both were repealed in 1994. Possibly the 1854 public-vote provisions were repealed earlier.

The 1924–25 Irish Boundary Commission rejected the idea of using plebiscites to determine whether border areas should be transferred between the Irish Free State and Northern Ireland.

The 1922 Constitution of the Irish Free State provided for referendums similar to the present 1937 Constitution, as well as popular initiatives. Referendums were to be obligatory for amendments to the Constitution, but this obligation was suspended for an initial eight-year period, and in 1929 the government availed of the suspension to amend the Constitution without referendum and extend the period of suspension for a further eight years. The right of initiative was abolished in 1928 when the Fianna Fáil opposition used it to attempt to force a referendum on abolishing the Oireachtas oath of fidelity to the British monarch, which the government felt would provoke British hostility.

The enactment of the Constitution of Ireland was effected by a plebiscite on 1 July 1937.

Change of placename

For a proposal to change the name of a place, a "plebiscite" is required of "ratepayers": that is, residents of the place and businesses paying rates for property there. Such a plebiscite is carried out by the local authority via a postal vote. In a County Cork town, Charleville was chosen in a 1989 four-option plebiscite ahead of Ráth Luirc, An Rath, and Rathgoggan. The Official Languages Act 2003 prevented the plebiscite provision applying to places in the Gaeltacht, and so a 2005 plebiscite to change the name of Dingle, County Kerry was ruled invalid; in 2011 the 2003 act was amended to remove the anomaly. The 2011 amendment also changes the electorate from ratepayers to local government electors, but has not yet been commenced.

Other

• Plebiscite on ownership of Irish Water "A person who has the right to vote at a referendum on a proposal for an amendment of the Constitution shall have the right to vote in the Plebiscite." Dáil debate on referendum v plebiscite
• Taking in charge of estates "The planning authority may hold a plebiscite to ascertain the wishes of the qualified electors."
• Plebiscite on Directly Elected Mayor for Dublin Metropolitan Area
• Local Government (Business Improvement Districts) Act 2006 S.I. No. 166/2007 - Local Government (Business Improvement Districts Ratepayer Plebiscite) Regulations 2007
• TENANT PURCHASE OF APARTMENTS 54. Tenant plebiscite.
• Electoral (Amendment) Act, 2001 "‘plebiscite’ means a poll to ascertain the views or consent of qualified electors, within the meaning of section 67(2) of the Local Government Act, 1994 , in relation to a local political matter;" — defined not to permit or regulate holding but to regulate campaign contributions.
• Taking in charge or acquisition by agreement of waterworks or waste water works by a water services authority. plebiscite of "the owner of every premises which appears to it to be connected to the pipe network and accessories in question"
• May 2019 plebiscites on directly elected mayors https://www.rte.ie/news/munster/2018/0930/999012-plebiscite-voters-elected-mayors/