[4] The ordinary referendum in theory allows the Seanad to exercise a check on the Dáil by providing a mechanism for it to prevent the passing of a bill with which it disagrees.
However, the composition of the Seanad, especially the fact that 11 of the 60 Senators are nominated by the Taoiseach, means that it usually has a pro-government majority and will not oppose a government bill.
The electorate, as for constitutional referendums and Presidential elections, consists of all Irish citizens who are either resident in the state or abroad on diplomatic or Defence Forces assignments.
Signatures are validated by the chief or assistant clerk of the relevant house, or by a Justice of the District Court, a Commissioner for Oaths, or an officer of the Garda Síochána not below the rank of Superintendent.
[10] In considering the petition, the President must convene a meeting of the Council of State, which gives non-binding advice in the exercise of most of his discretionary powers.
If he rejects the petition, he simply signs the bill as normal; if he accepts it, he informs the Taoiseach, Ceann Comhairle of the Dáil, and Cathaoirleach of the Seanad in writing.
[21] This was given as a reason for opposing the bill by Professor Richard Sinnott,[22] the Green Party,[23] and Éamon Ó Cuív.
Senator Michael O'Higgins intended to lodge a petition in relation to the Prohibition of Forcible Entry and Occupation Act 1971, in the light of Operation Demetrius in Northern Ireland.
[25] When in 1974 O'Higgins demanded the Family Planning Bill be rejected as not having been put to the people, Senator Mary Robinson criticised him for not advocating the Article 27 procedure instead.
He stated that it was unlikely to receive enough signatures, but might convince the President to refer the bill to the Supreme Court under Article 26 of the Constitution.
When the 1992 government introduced a constitutional amendment to roll back the X-case judgment, John Bruton suggested instead passing an ordinary statute to regulate the situation and using an Article 27 referendum.
[32] A court-case questioned the legality of this, arguing that the Protection of Human Life in Pregnancy Bill should instead have been subject to a separate ordinary referendum.
[35] In 2012, the government took some time to decide whether the ratification of the European Fiscal Compact would be passed by ordinary law or as a constitutional amendment.