A public information campaign designed to explain the two upcoming referendums has been launched by the Referendum Commission.
On October 27th, the same day as the presidential election and the Dublin West byelection, the electorate will be asked to decide whether to amend the Constitution to give extensive additional powers to the Oireachtas to conduct inquiries, and to the Government to reduce judges' pay in certain circumstances.
Commission chairman Dr Bryan McMahon said it was entirely neutral on the merits of the proposals and could not express a view on them.
The retired High Court judge also said that, since the amendment of the Referendum Act in 2001, the commission did not have a function to put the two sides of the argument or to canvas for views and process them, as had been the case before.
He added that the two amendments were stand-alone; it was open to people to vote Yes to one amendment and No to the other, or Yes or No to both of them.
"These are entirely separate proposals, and you can take a different view on each if that is what you decide," he added. "The most important thing is to inform yourself and then use your vote."
Dr McMahon said that the referendum on judges' pay would allow for a law to be passed reducing the pay of serving judges proportionately if the pay of public servants is being reduced and that reduction was stated to be "in the public interest".
This was not possible at the moment.
He also said it would allow for a law to be passed making judges subject to the public service "pension levy" and any other such future charge. At the moment, while judges paid taxes and the universal social charge the same as everyone else, they were not obliged to pay the pension levy, though they could voluntarily opt to do so.
Last year 85 per cent of judges paid the levy voluntarily.
The proposed amendment on Oireachtas inquiries was to give power to the Dáil or Seanad, either separately or together, to conduct an inquiry into any matter stated to be a mater of public importance. They would have the power to inquire into the conduct of any person and make findings about it.
The Dáil and Seanad would have the power to determine the balance between the rights of people involved in such an inquiry and the requirements of the public interest, and would be obliged to have regard to the principles of fair procedures.
Asked if this meant the courts could not determine what that balance was, he said it would be difficult, given the wording of the amendment, for the courts to judicially review that decision.
Detailed information for those who want to know more about the proposed changes is available online at referendum2011.ie, while a public information phoneline can be contacted at 1890 270970.
The Referendum Commission has a €2.25 million budget for its information campaign. Since the Referendum Act 2001 it is no longer required to outline arguments for and against specific referendum proposals.