Shatter introduces Bill to speed up implementing referendum results

Implementation of constitutional change provided for by referendums should not be unduly delayed, former minister for justice Alan Shatter said.

“It is now a regular occurrence that the outcome of referendums is challenged in the courts,” he added. “Our current legislation prescribes no specific time frames within which such challenges should be heard and determined.”

Mr Shatter was introducing his Private Member's Bill, Referendum and Courts (Amendment) Bill to fast-track court challenges to a referendum result. It was unopposed and will be debated in Private Members' time. He said the Bill would ensure that, in the interests of justice, adequate time was provided to hear and determine any challenge.

Future appeals

He said the Bill proposed that all future appeals from

High Court

decisions in referendum matters go straight to the

Supreme Court

and that the Court of Appeal plays no role.

Where an application was made for leave to petition, it prescribed a three-day time frame within which an appeal could be filed in the Supreme Court against a High Court decision and that it be determined within two weeks, said Mr Shatter.

He said that where leave to petition was granted, the High Court trial or hearing must take place within six weeks and judgment must be delivered no later than three weeks thereafter.

A seven-day period was prescribed for lodging a Supreme Court appeal and it must be heard within the following six weeks and judgment delivered no later than three weeks thereafter, he added. He said there should be a proper and proportionate balance between the rights of people voting in a referendum and those challenging the outcome.