Former Minister for Justice Alan Shatter has introduced a Private Members Bill designed to ensure the implementation of constitutional change agreed by a majority voting in a referendum is not unnecessarily delayed. Current legislation provides no specific timeframe within which challenges should be heard and decided.
The Bill proposes that where leave is granted to hear a referendum challenge in the High Court, it must be heard within six weeks. The ruling will then be issued within three weeks of the hearing. The Bill also provides any appeals to High Court decisions go straight to the Supreme Court, bypassing the Court of Appeal. The same timeframe would apply to appeals taken to the Supreme Court.
Shatter cited the passing of the Children’s Referendum, which experienced a two year delay in enactment due to legal challenges appealed as far as the Supreme Court. He also provided the Marriage Referendum as a more recent example of delay due to members of the public appealing the result to the High Court. These challenges were subsequently rejected by the Court of Appeal and the Supreme Court.
Shatter has stated that the Bill strikes the balance in providing adequate time for legal challenges to be heard and determined whilst also ensuring the wishes of the electorate as expressed in successive referenda are implemented within a reasonably quick timeframe.
The Bill was unopposed and moves on to Second Stage.