THE NATIONAL PARLIAMENT.
Constitution and Powers.
Article 15.
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- The National Parliament shall be called and known, and is in this
Constitution generally referred to, as the Oireachtas.
- The Oireachtas shall consist of the President and two Houses, viz.: a
House of Representatives to be called Dáil Éireann and a
Senate to be called Seanad Éireann.
- The Houses of the Oireachtas shall sit in or near the City of Dublin or
in such other place as they may from time to time determine.
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- The sole and exclusive power of making laws for the State is hereby
vested in the Oireachtas: no other legislative authority has power to
make laws for the State.
- Provision may however be made by law for the creation or recognition of
subordinate legislatures and for the powers and functions of these
legislatures.
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- The Oireachtas may provide for the establishment or recognition of
functional or vocational councils representing branches of the social
and economic life of the people.
- A law establishing or recognizing any such council shall determine its
rights, powers and duties, and its relation to the Oireachtas and to the
Government.
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- The Oireachtas shall not enact any law which is in any respect repugnant
to this Constitution or any provision thereof.
- Every law enacted by the Oireachtas which is in any respect repugnant to
this Constitution or to any provision thereof, shall, but to the
extent only of such repugnancy, be invalid.
- The Oireachtas shall not declare acts to be infringements of the law which
were not so at the date of their commission.
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- The right to raise and maintain military or armed forces is vested
exclusively in the Oireachtas.
- No military or armed force, other than a military or armed force raised
and maintained by the Oireachtas, shall be raised or maintained for any
purpose whatsoever.
- The Oireachtas shall hold at least one session every year.
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- Sittings of each House of the Oireachtas shall be public.
- In cases of special emergency, however, either House may hold a private
sitting with the assent of two-thirds of the members present.
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- Each House of the Oireachtas shall elect from its members its own
Chairman and Deputy Chairman, and shall prescribe their powers and
duties.
- The remuneration of the Chairman and Deputy Chairman of each House shall
be determined by law.
- Each House shall make its own rules and standing orders, with power to
attach penalties for their infringement, and shall have power to ensure
freedom of debate, to protect its official documents and the private
papers of its members, and to protect itself and its members against any
person or persons interfering with, molesting or attempting to corrupt
its members in the exercise of their duties.
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- All questions in each House shall, save as otherwise provided by this
Constitution, be determined by a majority of the votes of the members
present and voting other than the Chairman or presiding member.
- The Chairman or presiding member shall have and exercise a casting vote
in the case of an equality of votes.
- The number of members necessary to constitute a meeting of either House
for the exercise of its powers shall be determined by its standing
orders.
- All official reports and publications of the Oireachtas or of either
House thereof and utterances made in either House wherever published
shall be privileged.
- The members of each House of the Oireachtas shall, except in case of
treason as defined in this Constitution, felony or breach of the peace, be
privileged from arrest in going to and returning from, and while within the
precincts of, either House, and shall not, in respect of any utterance in
either House, be amenable to any court or any authority other than the
House itself.
- No person may be at the same time a member of both Houses of the
Oireachtas, and, if any person who is already a member of either House
becomes a member of the other House, he shall forthwith be deemed to have
vacated his first seat.
- The Oireachtas may make provision by law for the payment of allowances to
the members of each House thereof in respect of their duties as public
representatives and for the grant to them of free traveling and such other
facilities (if any) in connection with those duties as the Oireachtas may
determine.
Dáil Éireann.
Article 16.
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- Every citizen without distinction of sex who has reached the age of
twenty-one years, and who is not placed under disability or incapacity
by this Constitution or by law, shall be eligible for membership of
Dáil Éireann.
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- All citizens, and
- such other persons in the State as may be determined by law,
without distinction of sex who have reached the age of eighteen years
who are not disqualified by law and comply with the provisions of the
law relating to the election of members of Dáil
Éireann, shall have the right to vote at an election for
members of Dáil Éireann.
- No law shall be enacted placing any citizen under disability or
incapacity for membership of Dáil Éireann on the
ground of sex or disqualifying any citizen or other person from
voting at an election for members of Dáil Éireann on that
ground.
- No voter may exercise more than one vote at an election for Dáil
Éireann, and the voting shall be by secret ballot.
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- Dáil Éireann shall be composed of members who represent
constituencies determined by law.
- The number of members shall from time to time be fixed by law, but the
total number of members of Dáil Éireann shall not be
fixed at less than one member for each thirty thousand of the
population, or at more than one member for each twenty thousand of the
population.
- The ratio between the number of members to be elected at any time for
each constituency and the population of each constituency, as
ascertained at the last preceding census, shall, so far as it is
practicable, be the same throughout the country.
- The Oireachtas shall revise the constituencies at least once in every
twelve years, with due regard to changes in distribution of the
population, but any alterations in the constituencies shall not take
effect during the life of Dáil Éireann sitting when such
revision is made.
- The members shall be elected on the system of proportional
representation by means of the single transferable vote.
- No law shall be enacted whereby the number of members to be returned for
any constituency shall be less than three.
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- Dáil Éireann shall be summoned and dissolved as provided
by section 2 of Article 13 of this
Constitution.
- A general election for members of Dáil Éireann shall take
place not later than thirty days after a dissolution of Dáil
Éireann.
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- Polling at every general election for Dáil Éireann shall
as far as practicable take place on the same day throughout the country.
- Dáil Éireann shall meet within thirty days from that
polling day.
- The same Dáil Éireann shall not continue for a longer period
than seven years from the date of its first meeting: a shorter period may
be fixed by law.
- Provision shall be made by law to enable the member of Dáil
Éireann who is the Chairman immediately before a dissolution of
Dáil Éireann to be deemed without any actual election to be
elected a member of Dáil Éireann at the ensuing general
election.
- Subject to the foregoing provisions of this Article, elections for
membership of Dáil Éireann, including the filling of casual
vacancies, shall be regulated in accordance with law.
Article 17.
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- As soon as possible after the presentation to Dáil Éireann
under Article 28 of this
Constitution of the Estimates of receipts and the Estimates of
expenditure of the State for any financial year,
Dáil Éireann shall consider such Estimates.
- Save in so far as may be provided by specific enactment in each case, the
legislation required to give effect to the Financial Resolutions of
each year shall be enacted within that year.
- Dáil Éireann shall not pass any vote or resolution, and no
law shall be enacted, for the appropriation of revenue or other public
moneys unless the purpose of the appropriation shall have been
recommended to Dáil Éireann by a message from the
Government signed by the Taoiseach.
Seanad Éireann.
Article 18.
- Seanad Éireann shall be composed of sixty members, of whom eleven
shall be nominated members and forty-nine shall be elected members.
- A person to be eligible for membership of Seanad Éireann must be
eligible to become a member of Dáil Éireann.
- The nominated members of Seanad Éireann shall be nominated, with
their prior consent, by the Taoiseach who is appointed next after the
reassembly of Dáil Éireann following the dissolution thereof
which occasions the nomination of the said members.
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- The elected members of Seanad Éireann shall be elected as
follows :--
- Three shall be elected by the National University of Ireland.
- Three shall be elected by the University of Dublin.
- Forty-three shall be elected from panels of candidates constituted
as hereinafter provided.
- Provision may be made by law for the election, on a franchise and in the
manner to be provided by law, by one or more of the following
institutions, namely:
- the universities mentioned in subsection 1' of this section,
- any other institutions of higher education in the State,
of so many members of Seanad Éireann as may be fixed by law in
substitution for an equal number of the members to be elected pursuant
to paragraphs i and ii of the said subsection 1.
A member or members of Seanad Éireann may be elected under this
subsection by institutions grouped together or by a single institution.
- Nothing in this Article shall be invoked to prohibit the dissolution by
law of a university mentioned in subsection 1 of this section.
- Every election of the elected members of Seanad Éireann shall be
held on the system of proportional representation by means of the single
transferable vote, and by secret postal ballot.
- The members of Seanad Éireann to be elected by the Universities
shall be elected on a franchise and in the manner to be provided by law.
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- Before each general election of the members of Seanad Éireann to
be elected from panels of candidates, five panels of candidates shall be
formed in the manner provided by law containing respectively the names of
persons having knowledge and practical experience of the following
interests and services, namely:
- National Language and Culture, Literature, Art, Education and such
professional interests as may be defined by law for the purpose of
this panel;
- Agriculture and allied interests. and Fisheries;
- Labour, whether organised or unorganised;
- Industry and Commerce, including banking, finance, accountancy,
engineering and architecture;
- Public Administration and social services, including voluntary
social activities.
- Not more than eleven and, subject to the provisions of
Article 19 hereof,
not less than five members of Seanad Éireann shall be elected
from any one panel.
- A general election for Seanad Éireann shall take place not later
than ninety days after a dissolution of Dáil Éireann, and the
first meeting of Seanad Éireann after the general election shall
take place on a day to be fixed by the President on the advice of the
Taoiseach.
- Every member of Seanad Éireann shall, unless he previously dies,
resigns, or becomes disqualified, continue to hold office until the day
before the polling day of the general election for Seanad Éireann
next held after his election or nomination.
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- Subject to the foregoing provisions of this Article elections of the
elected members of Seanad Éireann shall be regulated by law.
- Casual vacancies in the number of the nominated members of Seanad
Éireann shall be filled by nomination by the Taoiseach with the
prior consent of persons so nominated.
- Casual vacancies in the number of the elected members of Seanad
Éireann shall be filled in the manner provided by law.
Article 19.
Provision may be made by law for the direct election by any functional or
vocational group or association or council of so many members of Seanad
Éireann as may be fixed by such law in substitution for an equal number
of the members to be elected from the corresponding panels of candidates
constituted under Article 18 of this
Constitution.
Legislation.
Article 20.
- Every Bill initiated in and passed by Dáil Éireann shall
be sent to Seanad Éireann and may, unless it be a Money Bill, be
amended in Seanad Éireann and Dáil Éireann shall
consider any such amendment.
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- A Bill other than a Money Bill may be initiated in Seanad Éireann,
and if passed by Seanad Éireann, shall be introduced in
Dáil Éireann.
- A Bill initiated in Seanad Éireann if amended in Dáil
Éireann shall be considered as a Bill initiated in Dáil
Éireann.
- A Bill passed by either House and accepted by the other House shall be
deemed to have been passed by both Houses.
Money Bills.
Article 21.
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- Money Bills shall be initiated in Dáil Éireann only.
- Every Money Bill passed by Dáil Éireann shall be sent to
Seanad Éireann for its recommendations.
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- Every Money Bill sent to Seanad Éireann for its recommendations
shall, at the expiration of a period not longer than twenty-one days
after it shall have been sent to Seanad Éireann, be returned to
Dáil Éireann, which may accept or reject all or any of
the recommendations of Seanad Éireann.
- If such Money Bill is not returned by Seanad Éireann to
Dáil Éireann within such twenty-one days or is returned
within such twenty-one days with recommendations which Dáil
Éireann does not accept, it shall be deemed to have been passed
by both Houses at the expiration of the said twenty-one days.
Article 22.
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- A Money Bill means a Bill which contains only provisions dealing with
all or any of the following matters, namely, the imposition, repeal,
remission, alteration or regulation of taxation; the imposition for
the payment of debt or other financial purposes of charges on public
moneys or the variation or repeal of any such charges; supply; the
appropriation, receipt, custody, issue or audit of accounts of public
money; the raising or guarantee of any loan or the repayment
thereof; matters subordinate and incidental to these matters or
any of them.
- In this definition the expressions "taxation", "public money" and
"loan" respectively do not include any taxation, money or loan
raised by local authorities or bodies for local purposes.
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- The Chairman of Dáil Éireann shall certify any Bill
which, in his opinion, is a Money Bill to be a Money Bill, and his
certificate shall, subject to the subsequent provisions of this
section, be final and conclusive.
- Seanad Éireann, by a resolution. passed at a sitting at which not
less than thirty members are present, may request the President to refer
the question whether the Bill is or is not a Money Bill to a Committee of
Privileges.
- If the President after consultation with the Council of State decides to
accede to the request he shall appoint a Committee of Privilege
consisting of an equal number of members of Dáil Éireann
and of Seanad Éireann and a Chairman who shall be a judge of the
Supreme Court: these appointments shall be made after consultation with
the Council of State. In the case of an equality of votes but not
otherwise the chairman shall be entitled to vote.
- The President shall refer the question to the Committee of Privileges so
appointed and the Committee shall report its decision thereon to the
President within twenty-one days after the day on which the Bill was
sent to Seanad Éireann.
- The decision of the Committee shall be final and conclusive.
- If the President after consultation with the Council of State decides not
to accede to the request of Seanad Éireann, or if the Committee of
Privileges fails to report within the time hereinbefore specified the
certificate of the Chairman of Dáil Éireann shall stand
confirmed.
Time for Consideration of Bills.
Article 23.
- This Article applies to every Bill passed by Dáil Éireann
and sent to Seanad Éireann other than a Money Bill or a Bill the
time for the consideration of which by Seanad Éireann shall have
been abridged under Article 24
of this Constitution.
- Whenever a Bill to which this Article applies is within the stated
period defined in the next following sub-section either rejected by
Seanad Éireann or passed by Seanad Éireann with
amendments to which Dáil Éireann does not agree or is
neither passed (with or without amendment) nor rejected by
Seanad Éireann within the stated period, the Bill shall, if
Dáil Éireann so resolves within one hundred and eighty
days after the expiration of the stated period be deemed to have
been passed by both Houses of the Oireachtas on the day on which
the resolution is passed.
- The stated period is the period of ninety days commencing on the day
on which the Bill is first sent by Dáil Éireann to
Seanad Éireann or any longer period agreed upon in respect of
the Bill by both Houses of the Oireachtas.
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- The preceding section of this Article shall apply to a Bill which is
initiated in and passed by Seanad Éireann, amended by Dáil
Éireann, and accordingly deemed to have been initiated in
Dáil Éireann.
- For the purpose of this application the stated period shall in relation
to such a Bill commence on the day on which the Bill is first sent to
Seanad Éireann after having been amended by Dáil
Éireann.
Article 24.
- If and whenever on the passage by Dáil Éireann of any Bill,
other than a Bill expressed to be a Bill containing a proposal to amend the
Constitution, the Taoiseach certifies by messages in writing addressed to
the President and to the Chairman of each House of the Oireachtas that,
in the opinion of the Government, the Bill is urgent and immediately
necessary for the preservation of the public peace and security, or by
reason of the existence of a public emergency, whether domestic or
international, the time for the consideration of such Bill by
Seanad Éireann shall, if Dáil Éireann so resolves
and if the President, after consultation with the Council of State,
concurs, be abridged to such period as shall be specified in the
resolution.
- Where a Bill, the time for the consideration of which by Seanad
Éireann has been abridged under this Article,
- is, in the case of a Bill which is not a Money Bill, rejected by
Seanad Éireann or passed by Seanad Éireann with
amendments to which Dáil Éireann does not agree or
neither passed nor rejected by Seanad Éireann, or
- is, in the case of a Money Bill, either returned by Seanad
Éireann to Dáil Éireann with recommendations
which Dáil Éireann does not accept or is not
returned by Seanad Éireann to Dáil Éireann,
within the period specified in the resolution, the Bill shall be deemed to
have been passed by both Houses of the Oireachtas at the expiration of that
period.
- When a Bill the time for the consideration of which by Seanad
Éireann has been abridged under this Article becomes law it shall
remain in force for a period of ninety days from the date of its
enactment and no longer unless, before the expiration of that period,
both Houses shall have agreed that such law shall remain in force for a
longer period and the longer period so agreed
upon shall have been specified in resolutions passed by both Houses.
Signing and Promulgation of Laws.
Article 25.
- As soon as any Bill, other than a Bill expressed to be a Bill containing a
proposal for the amendment of this Constitution, shall have been passed or
deemed to have been passed by both Houses of the Oireachtas, the Taoiseach
shall present it to the President for his signature and for promulgation by
him as a law in accordance with the provisions of this Article.
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- Save as otherwise provided by this Constitution, every Bill so presented
to the President for his signature and for promulgation by him as a law
shall be signed by the President not earlier than the fifth and not
later than the seventh day after the date on which the Bill shall have
been presented to him.
- At the request of the Government, with the prior concurrence of Seanad
Éireann, the President may sign any Bill the subject of such
request on a date which is earlier than the fifth day after such date
as aforesaid
- Every Bill the time for the consideration of which by Seanad Éireann
shall have been abridged under
Article 24 of this Constitution
shall be signed by the President on the day on which such Bill is
presented to him for signature and promulgation as a law.
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- Every Bill shall become and be law as on and from the day on which it is
signed by the President under this Constitution, and shall, unless the
contrary intention appears, come into operation on that day.
- Every Bill signed by the President under this Constitution shall be
promulgated by him as a law by the publication by his direction of a
notice in the Iris Oifigiúil stating that the Bill has become law.
- Every Bill shall be signed by the President in the text in which it was
passed or deemed to have been passed by both Houses of the Oireachtas,
and if a Bill is so passed or deemed to have been passed in both the
official languages, the President shall sign the text of the Bill in
each of those languages.
- Where the President signs the text of a Bill in one only of the official
languages, an official translation shall be issued in the other official
language.
- As soon as may be after the signature and promulgation of a Bill as a
law, the text of such law which was signed by the President or, where
the President has signed the text of such law in each of the official
languages, both the signed texts shall be enrolled for record in the
office of the Registrar of the Supreme Court, and the text, or both the
texts, so enrolled shall be conclusive evidence of the provisions of
such law.
- In case of conflict between the texts of a law enrolled under this
section in both the official languages, the text in the national
language shall prevail.
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- It shall be lawful for the Taoiseach, from time to time as occasion
appears to him to require, to cause to be prepared under his supervision
a text (in both the official languages) of this Constitution as then in
force embodying all amendments theretofore made therein.
- A copy of every text so prepared, when authenticated by the signatures of
the Taoiseach and the Chief Justice, shall be signed by the President and
shall be enrolled for record in the office of the Registrar of the
Supreme Court.
- The copy so signed and enrolled which is for the time being the latest
text so prepared shall, upon such enrolment, be conclusive evidence of
this Constitution as at the date of such enrolment and shall for that
purpose supersede all texts of this Constitution of which copies were
previously so enrolled.
- In case of conflict between the texts of any copy of this Constitution
enrolled under this section, the text in the national language shall
prevail.
Reference of Bills to the Supreme Court.
Article 26.
This Article applies to any Bill passed or deemed to have been passed by both
Houses of the Oireachtas other than a Money Bill, or a Bill expressed to be a
Bill containing a proposal to amend the Constitution, or a Bill the time for
the consideration of which by Seanad Éireann shall have been abridged
under Article 24 of the Constitution.
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The President may, after consultation with the Council of State, refer
any Bill to which this Article applies to the Supreme Court for a
decision on the question as to whether such Bill or any specified
provision or provisions of such Bill is or are repugnant to this
Constitution or to any provision thereof.
- Every such reference shall be made not later than the seventh day
after the date on which such Bill have been presented by the Taoiseach
to the President for his signature.
- The President shall not sign any Bill the subject of a reference to the
Supreme Court under this Article pending the pronouncement of the
decision of the Court.
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- The Supreme Court consisting of not less than five judges shall consider
every question referred to it by the President under this Article for a
decision, and, having heard arguments by or on behalf of the Attorney
General and by counsel assigned by the Court, shall pronounce its
decision on such question in open court as soon as may be, and in any
case not later than sixty days after the date of such reference.
- The decision of the majority of the judges of the Supreme Court shall,
for the purposes of this Article, be the decision of the Court and
shall be pronounced by such one of those judges as the Court shall
direct, and no other opinion, whether assenting or dissenting, shall be
pronounced nor shall the existence of any such other opinion be
disclosed.
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- In every case in which the Supreme Court decides that any provision of a
Bill the subject of a reference to the Supreme Court under this Article
is repugnant to this Constitution or to any provision thereof, the
President shall decline to sign such Bill.
- If, in the case of a Bill to which
Article 27 of this Constitution
applies, a petition has been addressed to the President under that
Article, that Article shall be complied with.
- In every other case the President shall sign the Bill as soon as may be
after the date on which the decision of the Supreme Court shall have been
pronounced.
Reference of Bills to the People.
Article 27.
This Article applies to any Bill, other than a Bill expressed to be a Bill
containing a proposal for the amendment of this Constitution, which shall have
been deemed, by virtue of Article 23
hereof, to have been passed by both Houses of the Oireachtas.
- A majority of the members of Seanad Éireann and not less than
one-third of the members of Dáil Éireann may by a joint
petition addressed to the President by them under this Article request
the President to decline to sign and promulgate as a law any Bill to
which this article applies on the ground that the Bill contains a
proposal of such national importance that the will of the people thereon
ought to be ascertained.
- Every such petition shall be in writing and shall be signed by the
petitioners whose signatures shall be verified in the manner prescribed
by law.
- Every such petition shall contain a statement of the particular ground or
grounds on which the request is based, and shall be presented to the
President not later than four days after the date on which the Bill shall
have been deemed to have been passed by both Houses of the Oireachtas.
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- Upon receipt of a petition addressed to him under this Article, the
President shall forthwith consider such petition and shall, after
consultation with the Council of State, pronounce his decision thereon
not later than ten days after the date on which the Bill to which such
petition relates shall have been deemed to have been passed by both
Houses of the Oireachtas.
- If the Bill or any provision thereof is or has been referred to the
Supreme Court under Article 26
of this Constitution, it shall not be obligatory on the President to
consider the petition unless or until the Supreme Court has pronounced a
decision on such reference to the effect that the said Bill or the said
provision thereof is not repugnant to this Constitution or to any
provision thereof, and, if a decision to that effect is pronounced by
the Supreme Court, it shall not be obligatory on the President to
pronounce his decision on the petition before the expiration of six days
after the day on which the decision of the Supreme Court to the effect
aforesaid is pronounced.
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- In every case in which the President decides that a Bill the subject of
a petition under this Article contains a proposal of such national
importance that the will of the people thereon ought to be ascertained,
he shall inform the Taoiseach and the Chairman of each House of the
Oireachtas accordingly in writing under his hand and Seal and shall
decline to sign and promulgate such Bill as a law unless and until the
proposal shall have been approved either
- by the people at a Referendum in accordance with the provisions of
section 2 of Article 47 of this
Constitution within a period of eighteen
months from the date of the President's decision, or
- by a resolution of Dáil Éireann passed within the
said period after a dissolution and reassembly of Dáil
Éireann.
- Whenever a proposal contained in a Bill the subject of a petition under
this Article shall have been approved either by the people or by a
resolution of Dáil Éireann in accordance with the
foregoing provisions of this section, such Bill shall as soon as may be
after such approval be presented to the President for his signature and
promulgation by him as a law and the President shall thereupon sign the
Bill and duly promulgate it as a law.
- In every case in which the President decides that a Bill the subject of a
petition under this Article does not contain a proposal of such national
importance that the will of the people thereon ought to be ascertained, he
shall inform the Taoiseach and the Chairman of each House of the Oireachtas
accordingly in writing under his hand and Seal, and such Bill shall be
signed by the President not later than eleven days after the date on
which the Bill shall have been deemed to have been passed by both Houses
of the Oireachtas and shall be duly promulgated by him as a law.