Legal Basis for Census

There are a number of legal aspects to undertaking a census in Ireland.

Statistics Act 1993 and Census Order

The basic legislation covering the 2011 census is the Statistics Act, 1993

Section 25 of the Act enables the Taoiseach (Prime Minister) to make Orders (Statutory Instruments) requiring persons or undertakings to provide information under the Act. The Order can specify the general nature of the information required and the persons required to provide the information. The relevant Order for census 2011 is the Statistics (Census of Population) Order, 2010.

The Constitution of Ireland

The census is mentioned in Article 16.2.3 of Bunreacht na hÉireann (the Constitution of Ireland).

This states that “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.”

EU Regulation

In 2011, for the first time, Ireland along with all other EU countries, is obliged to conduct a census of population. This requirement is set out under EU regulation, Regulation (EC) No. 763/2008, which sets out the topics to be covered in the census in 2011 in all Member States of the EU.

Government decision

The Government at its meeting held on 11 December 2009 decided that the 2011 census will take place on Sunday 10 April 2011. The Government also decided which questions to include on the census 2011 household form.