The constitutional amendment on cabinet confidentiality appears likely to be carried by a small margin, but some constituencies have rejected it and record numbers of voters spoiled their ballots.
The level of spoilt votes was "an utter disgrace", according to the Cork county returning officer, Mr Michael O'Driscoll, who last night blamed complacency on the part of politicians. Returning officers throughout the State reported what they believed were unprecedented numbers of spoiled votes.
The hollowness of the apparent victory for the amendment - which was supported by all five main political parties - is added to by the low poll in the referendum, as unofficial estimates confirmed that many people who voted in the presidential election did not cast ballots in the referendum. Of those who did, 5 to 10 per cent spoiled their ballots.
The result will be officially declared later today. A number of constituencies counted the referendum ballots yesterday but did not officially declare their results. Counting in the remainder begins this morning.
Condemning the level of spoiled votes, Mr O'Driscoll said: "I think the politicians are to blame. They've been complacent in their approach to explaining it to people. Putting a half-page ad in the papers where people may only read the first line or two isn't good enough.
"For most Irish people the Constitution is sacred, but certainly from the way politicians have approached this referendum it doesn't appear that they view it as something sacred." The returning officer for Limerick East, Mr Brian Geary, said most spoiled votes were blank, and "were papers handed to persons who had no opinion and did not know what to do with them and just put them into the box".
Many of those who spoiled their votes wrote messages on the ballot papers saying they did not have enough information on the issue.
The Green Party condemned the Government's handling of the referendum, saying it was a disservice to democracy. "Democracy is cheapened and insulted when governments do not take referenda seriously," said the Green Party MEP, Ms Patricia McKenna.
She said the indications that the proposal would only be carried by a narrow margin and might yet be defeated "are a signal that the public has a healthier attitude to democracy than the Government".
Tally estimates and unofficial count results indicated that the amendment would be rejected in some constituencies, including Dublin South, Dublin South East, Dun Laoghaire and Tipperary North. Small Yes majorities were expected in Sligo-Leitrim, Donegal North West, Clare, Westmeath, Louth, Kerry North, Cork East, Cork North West, Cork South West and Limerick West.
The Government proposal voted on in the referendum would confirm that all cabinet discussions are confidential and their details cannot be publicised except where a court or tribunal needs access to details of such discussions to allow it to carry out its functions.
Those supporting the proposal said it was necessary to pass it to allow the coming two tribunals of inquiry to perform their tasks. The Taoiseach also indicated, without giving a firm commitment, that the issue would be reexamined in future with a view to allowing more liberal disclosure.
Opponents of the proposal said it was too restrictive, as it would copperfasten the Supreme Court's absolute ban on the disclosure of cabinet discussions except in very narrow circumstances.