Amendments to the Constitution of Ireland

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An amendment may be made to any part of the Constitution of Ireland but only by referendum. An amendment must first be approved by both Houses of the Oireachtas (parliament), then submitted to a referendum, and finally signed into law by the President.

Aside from constitutional referendums, the constitution also provides for a referendum on an ordinary bill, known as the ordinary referendum, but there has not been one so far.

Procedure[edit]

Referendum[edit]

The procedure for amending the constitution is specified in Article 46. A proposed amendment must take the form of a bill to amend the constitution originating in Dáil Éireann (lower house of the Oireachtas). It must first be formally approved by both the Dáil and the Senate, though in practice the Senate has only the power to delay an amendment adopted by the Dáil.

Then the amendment must be endorsed by the electorate in a referendum.[1] A simple majority is sufficient to carry an amendment and there is no minimum turnout required for a constitutional referendum to be considered valid. The vote occurs by secret ballot. A proposal to amend the constitution put to a referendum must not contain any other proposal. While United Kingdom citizens resident in the state may vote in a general election, only Irish citizens can participate in a referendum.

After being approved by referendum an amendment must be signed into law by the President. Provided that the correct procedure has been complied with, the President cannot veto an amendment. The dates given for the amendments listed in this article are, unless otherwise stated, the dates on which they were signed into law.

Historical methods[edit]

The Constitution has also been amended by two other means. As a transitional measure, for the first three years after the election of the first President of Ireland,[n 1] a bill to amend the Constitution could be passed by the Oireachtas as an ordinary act. To prevent the Oireachtas abusing this provision, the President had the power to refer such a bill to the people. The First and Second Amendments were adopted in this way; President Douglas Hyde chose to sign each into law without referendum. The three-year limit was entrenched to prevent it being extended without referendum.

Since 25 June 1941, the third anniversary of President Hyde's election, every amendment has had to follow the pattern of passage through the Oireachtas followed by a referendum. One partial exception to this, however, involved the changes made to Articles 2 and 3 of the Constitution in 1999. The Nineteenth Amendment, adopted by referendum in May, 1998, did not itself amend those articles, but rather introduced a temporary special mechanism by which the Government could order their amendment once it was satisfied that certain commitments made by other parties to the Belfast Agreement had been complied with.

List of amendments and referendums[edit]

The following table lists all amendments to the Constitution, and all past and scheduled referendums relating to the Constitution. In general it does not list proposed amendments which failed to be passed by the Oireachtas, for which see the separate list of failed amendments to the Constitution of Ireland. The exception is the 2001 Twenty-second Amendment Bill, listed below to explain the gap in the numbering of subsequent amendments.

Table of amendments referendums relating to the Constitution of Ireland
Proposal Enactment date Subject Referendum date Electorate Total poll (%)[fn 1] For (%)[fn 2] Against (%)[fn 2] Spoilt (%)[fn 3] Ref
Draft Constitution 1 July 1937[fn 4] Enactment of the Constitution 1 July 1937 1,775,055 1,346,207 75.8 685,105 56.5 526,945 43.5 134,157 10.0 [2][3]
The draft Constitution was not technically a bill, but had been passed by the Oireachtas in the same manner as a bill.
1st Amendment 2 September 1939 Definition of war N/A[fn 5] [2]
Extended the definition of "time of war" to include a war in which the state is not a participant. This was to allow the Government to exercise emergency powers during the Second World War, in which the state was neutral.
2nd Amendment 30 May 1941 Textual adjustments N/A[fn 5] [2]
An omnibus bill with a variety of mostly minor textual amendments. Some changes were only to the Irish text, to correspond more closely to the sense of the English text.
3rd Amendment Bill, 1958 N/A Elections: Dáil: voting system 17 July 1959 1,678,450 979,531 58.4 453,322 48.2 486,989 51.8 39,220 4.0 [3]
Proposal to alter the voting system for elections to Dáil Éireann from the multi-member single transferable vote (STV) to the single-member First Past the Post (FPTP) system. It also proposed to establish an independent commission for boundary delimitation of Dáil constituencies.
3rd Amendment Bill, 1968 N/A Elections: Dáil: constituency boundaries 16 October 1968 1,717,389 1,129,477 65.8 424,185 39.2 656,803 60.8 48,489 4.3 [3]
Proposed to allow greater malapportionment in favour of rural areas in boundary delimitation of Dáil constituencies.
4th Amendment Bill, 1968 N/A Elections: Dáil: voting system 16 October 1968 1,717,389 1,129,606 65.8 423,496 39.2 657,898 60.8 48,212 4.3 [3]
Another proposal to alter the Dáil voting system from STV to FPTP.
3rd Amendment 8 June 1972 Treaty: Europe: Accession 10 May 1972 1,783,604 1,264,278 70.9 1,041,890 83.1 211,891 16.9 10,497 0.8 [2][3]
Permitted the state to join the European Communities.
4th Amendment 5 January 1973 Elections: franchise: voting age 7 December 1972 1,783,604 903,439 50.7 724,836 84.6 131,514 15.4 47,089 5.2 [2][3]
Reduced the minimum voting age from 21 to 18.
5th Amendment 5 January 1973 Recognition of religions 7 December 1972 1,783,604 903,659 50.7 721,003 84.4 133,430 15.6 49,326 5.5 [2][3]
Removed reference to "special position" of the Roman Catholic Church and to other named denominations.[2]
6th Amendment 3 August 1979 Adoption board 5 July 1979 2,179,466 623,476 28.6 601,694 99.0 6,265 1.0 15,517 2.5 [2][3]
To reverse a 1977 finding that certain orders made by the adoption board were unconstitutional.
7th Amendment 3 August 1979 Seanad: university constituencies 5 July 1979 2,179,466 622,646 28.6 552,600 92.4 45,484 7.6 24,562 3.9 [2][3]
Allowed the Seanad representation of the University of Dublin and the National University of Ireland to be extended to graduates of other third-level institutions. This provision has never been invoked.
8th Amendment 7 October 1983 Abortion: recognised the right to life of the unborn 7 September 1983 2,358,651 1,265,994 53.7 841,233 66.9 416,136 33.1 8,625 0.7 [2][3]
Intended to entrench the statutory prohibition of abortion at a Constitutional level.
9th Amendment 2 August 1984 Elections: franchise: votes for non-citizens 14 June 1984 2,399,257 1,138,895 47.5 828,483 75.4 270,250 24.6 40,162 3.5 [2][3]
Overturned a 1983 Supreme Court decision that prevented the right to vote in Dáil elections being extended to UK nationals.
10th Amendment Bill, 1986 N/A Rights: Divorce 26 June 1986 2,436,836 1,482,644 60.8 538,279 36.5 935,843 63.5 8,522 0.6 [3]
Proposed to remove the constitutional ban on divorce. The ban was eventually lifted by the Fifteenth Amendment in 1996.
10th Amendment 22 June 1987 Treaty: Europe: Single European Act 26 May 1987 2,461,790 1,085,304 44.1 755,423 69.9 324,977 30.1 4,904 0.5 [2][3]
Permitted the state to ratify the Single European Act.
11th Amendment 16 July 1992 Treaty: Europe: Maastricht Treaty 18 June 1992 2,542,841 1,457,219 57.3 1,001,076 69.1 448,655 30.9 7,488 0.5 [2][3]
Permitted the state to ratify the Maastricht Treaty.
12th Amendment Bill, 1992 N/A Abortion: exclusion of suicide 25 November 1992 2,542,841 1,733,309 68.2 572,177 34.6 1,079,297 65.4 81,835 4.7 [3]
Proposed to partially reverse the 1992 Supreme Court judgment in the X Case, which allowed abortion where a pregnancy is life-threatening, by excluding risk of suicide as permissible grounds.
13th Amendment 23 December 1992 Abortion: right to travel 25 November 1992 2,542,841 1,733,821 68.2 1,035,308 62.4 624,059 37.6 74,454 4.3 [2][3]
Specified that the prohibition of abortion would not limit freedom of travel in and out of the state.
14th Amendment 23 December 1992 Abortion: right to information 25 November 1992 2,542,841 1,732,433 68.1 992,833 59.9 665,106 40.1 74,494 4.3 [2][3]
Specified that the prohibition of abortion would not limit the right to distribute information about abortion services in foreign countries.
15th Amendment 17 June 1996 Rights: Divorce 24 November 1995 2,628,834 1,633,942 62.2 818,842 50.3 809,728 49.7 5,372 0.3 [2][3]
Removed the constitutional prohibition of divorce, but retained certain restrictions on its occurrence.
16th Amendment 12 December 1996 Rights: bail restrictions 28 November 1996 2,659,895 777,586 29.2 579,740 74.8 194,968 25.2 2,878 0.4 [2][3]
To reverse a 1965 Supreme Court ruling by allowed a court to refuse someone bail if it suspected a person would commit a serious criminal offence while at liberty.
17th Amendment 14 November 1997 Cabinet confidentiality 30 October 1997 2,688,316 1,268,043 47.2 632,777 52.6 569,175 47.4 66,091 5.2 [2][3]
To reverse a 1992 Supreme Court ruling that meetings of the cabinet were absolutely confidential, and to permit the High Court to order the disclosure of cabinet discussions in certain circumstances.
18th Amendment 3 June 1998 Treaty: Europe: Amsterdam Treaty 22 May 1998 2,747,088 1,543,930 56.2 932,632 61.7 578,070 38.3 33,228 2.2 [2][3]
Allowed the state to ratify the Amsterdam Treaty.
19th Amendment 3 June 1998 / 2 December 1999 [fn 6] Treaty: Good Friday Agreement 22 May 1998 2,747,088 1,545,395 56.3 1,442,583 94.4 85,728 5.6 17,064 1.1 [2][3]
Allowed the state to be bound by the Good Friday Agreement and provided for the conditional amendment of Articles 2 and 3 of the Constitution, which subsequently came into effect when the Good Friday Agreement did.
20th Amendment 23 June 1999 Elections: Local government 11 June 1999 2,791,415 1,425,881 51.1 1,024,850 77.8 291,965 22.2 109,066 7.6 [2][3]
Provided that local government elections must occur every five years.
21st Amendment 27 March 2002 Rights: Death penalty 7 June 2001 2,867,960 997,885 34.8 610,455 62.1 372,950 37.9 14,480 1.5 [2][3]
Entrenched the existing statutory prohibition of capital punishment.
22nd Amendment Bill, 2001 N/A Courts: judges: discipline N/A [5]
Proposed to establish a body for the investigation of judges and to amend the procedure for the removal of judges. It was introduced to the Oireachtas but lapsed after its second stage.
23rd Amendment 27 March 2002 Treaty: Rome Statute of the ICC 7 June 2001 2,867,960 997,565 34.8 629,234 64.2 350,512 35.8 17,819 1.8 [2][3]
Allowed the state to ratify the Statute of the International Criminal Court.
24th Amendment Bill, 2001 N/A Treaty: Europe: Treaty of Nice 7 June 2001 2,867,960 997,826 34.8 453,461 46.1 529,478 53.9 14,887 1.5 [3]
This would have allowed the state to ratify the Treaty of Nice. Voters reversed this decision when they adopted the Twenty-sixth Amendment in 2002.
25th Amendment Bill, 2002 N/A Abortion: exclusion of suicide 6 March 2002 2,923,918 1,254,175 42.9 618,485 49.6 629,041 50.4 6,649 0.5 [3]
This was a second attempt to strengthen the constitutional ban on abortion and to prevent risk of suicide being invoked as grounds for an abortion.
26th Amendment 7 November 2002 Treaty: Europe: Treaty of Nice 19 October 2002 2,923,918 1,446,588 49.5 906,317 62.9 534,887 37.1 5,384 0.4 [2][3]
Allowed the state to ratify the Nice Treaty.
27th Amendment 24 June 2004 Irish nationality 11 June 2004 3,041,688 1,823,434 59.9 1,427,520 79.2 375,695 20.8 20,219 1.1 [2][3]
Abolished jus soli right to Irish nationality.
28th Amendment Bill, 2008 N/A Treaty: Europe: Treaty of Lisbon 12 June 2008 3,051,278 1,621,037 53.1 752,451 46.6 862,415 53.4 6,171 0.4 [3]
This would have allowed the state to ratify the Treaty of Lisbon. Voters reversed this decision when they adopted the Twenty-eighth Amendment in 2009.
28th Amendment 15 October 2009 Treaty: Europe: Treaty of Lisbon 2 October 2009 3,078,032 1,816,098 58.0 1,214,268 67.1 594,606 32.9 7,224 0.4 [2][3]
Allowed the state to ratify the Lisbon Treaty.
29th Amendment 17 November 2011 Courts: judges: remuneration 27 October 2011 3,191,157 1,785,707 55.9 1,393,877 79.7 354,134 20.3 37,696 2.1 [2][3]
Relaxed the prohibition on the reduction of the salaries of Irish judges.
30th Amendment Bill 2011 N/A Oireachtas inquiries 27 October 2011 3,191,157 1,785,208 55.9 812,008 46.7 928,175 53.3 45,025 2.5 [3]
Proposed to reverse a 2002 Supreme Court ruling which prevented Oireachtas inquiries from making findings critical of individuals.
30th Amendment 27 June 2012 Treaty: Europe: European Fiscal Compact 31 May 2012 3,144,828 1,591,385 50.6 955,091 60.3 629,088 39.7 45,025 2.8 [2][3]
Allowed the state to ratify the European Fiscal Compact.
31st Amendment Bill 2012 TBC Rights: Children's rights 10 November 2012 3,183,686 1,066,239 33.5 615,731 58.0 445,863 42.0 7,206 0.7 [3]
A general statement of children's rights, and a provision intended to secure the power of the state to take children into care who are at risk of abuse or neglect from their parents. The bill has not been signed into law pending the outcome of a legal challenge to its validity.
32nd Amendment Bill 2013 N/A Seanad: abolition 4 October 2013 3,167,484 1,240,729 39.2 591,937 48.3 634,437 51.7 14,355 1.2 [6]
Proposed to abolish Seanad Éireann.
33rd Amendment 1 November 2013 Courts: new Court of Appeal 4 October 2013 3,167,484 1,240,135 39.2 795,008 65.2 425,047 34.8 20,080 1.6 [6][7]
Mandates a new Court of Appeal above the High Court and below the Supreme Court
Note
  1. ^ Total poll as a percentage of the electorate
  2. ^ a b As a percentage of the valid poll (total poll less spoilt votes)
  3. ^ Spoilt votes as a percentage of the total poll.
  4. ^ The Constitution was enacted by the plebiscite approving it.[2] There was no formal signing into law. It came into force 180 days after the plebiscite, on 29 December 1937.[2]
  5. ^ a b The first two amendment acts were passed during the three-year transitional period when a referendum was not required.
  6. ^ The first date is that of the Act making the initial amendment; the second is that of the government announcement triggering the subsequent amendment.[4]

Major subjects[edit]

The European Union[edit]

A number of amendments to the Constitution of Ireland have related to the European Union (and its predecessors). Before the state could join the European Communities the Third Amendment was necessary. Membership granted powers to European institutions which the 1937 constitution had vested in the Oireachtas and the Government. It was also possible that many provisions of the constitution might in the future be found to be incompatible with European Union law. For these reasons the Third Amendment introduced a provision expressly permitting the state to join the Communities and stating in broad terms that European law has supremacy over the constitution.

A number of subsequent amendments have been made to expressly permit the state to ratify changes to the treaties of the EU. This is because of a 1987 ruling by the Supreme Court, in the case of Crotty v. An Taoiseach, that major changes to the EU treaties require a constitutional amendment. Referendums have therefore been held on the Single European Act, the Maastricht Treaty, the Amsterdam Treaty and the Treaty of Nice. There has however, been debate among legal scholars as to whether or not each and everyone of these treaties has been sufficiently far reaching as to necessitate a constitutional amendment.

Abortion[edit]

The Eighth Amendment introduced the constitutional prohibition on abortion in 1983. Opponents of abortion sought this amendment partly because of fears that the Supreme Court would in the future infer an implicit right to an abortion in the provisions of the constitution. The court had already ruled, in the 1974 case of McGee v. The Attorney General, that reference in Article 41 to the "imprescriptable rights, antecedent and superior to all positive law" of the family conferred upon spouses a broad right to privacy in marital affairs. It was feared that this right might be extended to include the right to an abortion. There was further concern that the Supreme Court might take its lead from developments in judicial review in other nations, such as the controversial ruling of the United States Supreme Court in the 1973 case of Roe v. Wade.

It was observed at the time of the adoption of the constitutional prohibition of abortion that its wording was very vague. Since its adoption a number of attempts have been made to modify the constitution in order to clarify the ban's precise implications. In particular there have been two failed attempts (in 1992 and 2002) to strengthen the ban, but two successful attempts to weaken its implications (both in December 1992).

The two failed amendments arose from a ruling of the Supreme Court in March 1992, in the case of the Attorney General v. X (more commonly known as the "X case"), that a woman is entitled to an abortion where there is a risk to her life from suicide. Opponents of abortion feared that this ruling could only be enforced in a way that would lead to a liberal abortion regime of the kind found in many other countries, such as the United Kingdom, but this has not yet come to pass (although the government has yet to legislate for the implications of the 'X' case). The Thirteenth and Fourteenth Amendments guaranteed that the ban on abortion would not compromise the right to obtain information about, or freedom of travel to avail of, abortion services available abroad.

Previous constitutions[edit]

Prior to the adoption of the Constitution of Ireland in 1937, the state was governed under two other documents: the Dáil Constitution of the short-lived 1919–1922 Irish Republic and the constitution of the 1922–1937 Irish Free State. Each used different formal procedures for amendment of the text. The Dáil Constitution was enacted by Dáil Éireann (which was at that time a single chamber legislature) as an ordinary act of parliament. As a result it could be amended by simple vote of the legislature.

The Constitution of the Irish Free State originally provided for a process of amendment by means of a referendum. However the constitution could initially be amended by the Free State Oireachtas for eight years. The Oireachtas chose to extend that period, meaning that for the duration of its existence, the Free State constitution could be amended at will by parliament. In theory, it was argued that the constitution could not be amended in a way with conflicted with the Anglo-Irish Treaty of 1921 ratified by both the United Kingdom and the Irish Republic. However the Statute of Westminster removed that restriction in the 1930s.

Proposed changes[edit]

From 1997 to 2011, an All-Party Oireachtas Committee systematically reviewed the constitution, and in its first ten years published a series of ten progress reports and two pieces of commissioned research. In the 30th Dáil it published a further 5 reports (see Constitutional Reviews).

The agreed programme of the government elected in March 2011 committed to referendums on five subjects "on a priority basis", and to establishing a Constitutional Convention to consider other issues. Four priority issues were put to referendum while one was proceeded via ordinary statute law.[n 2] In July 2012 Alan Shatter, the Minister for Justice and Equality, announced plans for amendments relating to the courts system.[9][10] A Court of Appeal was established by the 33rd Amendment. Other amendments under consideration by the government are for further specialist superior courts, and for amending the procedure for Article 26 referral of bills by the President.[9]

Constitutional Convention[edit]

The Constitutional Convention announced in 2011 program was established with slightly amended terms of reference after Dáil and Seanad resolutions in July 2012,[11][12] and first met on 1 December 2012.[13] It made recommendations on specified issues and others of its choosing.[11] The government must respond formally to its recommendations, but need not agree to them.[11] As of August 2013, progress is as follows:

Issue Convention recommendations Government response
Reducing the President's term of office from seven to five years, and aligning with the European Parliament elections and local elections No change to term of office; but supplementary recommendations were made:[14]
  • Referendum on minimum age by 2015[14]
  • Refer nomination proposal to Oireachtas committee[14]
Reducing the voting age from 18 to 17 Reduce to 16 Referendum by 2015[14]
Amending the clause on the role of women in the home and encouraging greater participation of women in public life Various:[15] TBD
Provision for the legalisation of same-sex marriage Add a statement requiring (rather than merely allowing) legalisation.[16] Formal response due. The Labour Party is in favour; news reports suggest Enda Kenny may permit a referendum without obliging his Fine Gael party to campaign in favour of it.[17]
Review Dáil electoral system Various:[18] TBD
Giving citizens resident outside the State the right to vote in Presidential elections Recommended.[19] TBD
Removing the requirement to criminalise blasphemy Remove blashphemy and replace with an offence of incitement to religious hatred TBD
Other issues, time permitting The Convention will consider Dáil reform and Socio-Economic Rights in early 2014. A May 2013 motion to consider the proposed abolition of the Seanad was defeated.[20] TBD

Footnotes[edit]

  1. ^ An amendment bill before the election of the first President (on 25 June 1938) would have required a referendum.
  2. ^ Protecting the confidentiality of citizens' communications with their public representatives, via the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013.[8]

See also[edit]

External links[edit]

References[edit]

  1. ^ "Amending The Constitution". Constitution.ie. The All-Party Oireachtas Committee on the Constitution. Archived from the original on 21 July 2011. Retrieved 14 January 2012. 
  2. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad "CONSTITUTION OF IRELAND". Irish Statute Book. Retrieved 21 August 2013. 
  3. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai "Referendum Results 1937 - 2012" (PDF). Department of the Environment, Community and Local Government. 2012. 
  4. ^ "British-Irish Agreement: Announcement.". Dáil Éireann debates. 2 December 1999. pp. Vol.512 No.2 p.3 cc.337–340. Retrieved 22 August 2013. 
  5. ^ "Twenty-second Amendment of the Constitution Bill, 2001 (No. 17 of 2001)". Bills 1992 - 2013. Oireachtas. Retrieved 22 August 2013. 
  6. ^ a b "Thirty-Second Amendment of the Constitution (Seanad Abolition) Bill 2013". referendum.ie. Retrieved 5 October 2013. 
  7. ^ "Legislation Signed by President Higgins". Dublin: Office of the President. Retrieved 4 November 2013. 
  8. ^ Howlin, Brendan (22 May 2013). "Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Second Stage". Dáil debates. Oireachtas. p. 35. Retrieved 4 October 2013. The programme for Government contained a commitment to address the issue of confidential communications with Members through constitutional change. Following a detailed policy assessment and on the basis of legal analysis, it has now been decided to legislate in regard to this issue. The Bill provides for qualified privilege for confidential communication from members of the public to Members of either House. 
  9. ^ a b Shatter, Alan (17 July 2012). "Address on Publication of Courts Service Annual Report 2011". Department of Justice and Equality. Retrieved 18 July 2012. 
  10. ^ McDonald, Dearbhail (18 July 2012). "Shatter plans referendum to overhaul courts". Irish Independent. Retrieved 18 July 2012. 
  11. ^ a b c "Constitutional Convention: Motion". Dáil Éireann debates. Oireachtas. 10 July 2012. pp. Vol.772 No.1 p.25. Retrieved 16 November 2012. 
  12. ^ "Constitutional Convention: Motion". Seanad Éireann debates. Oireachtas. 12 July 2012. pp. Vol.216 No.12 p.8. Retrieved 14 July 2012. 
  13. ^ "Constitutional Convention meets for first time this afternoon". TheJournal.ie. 1 December 2012. Retrieved 2 December 2012. 
  14. ^ a b c d "Report of the Convention on the Constitution: Statements". Dáil Éireann debates. Oireachtas. 18 July 2013. Retrieved 14 August 2013. 
  15. ^ "Voting Results: 'Women in the Home' and the Participation of Women in Politics/Public Life". Constitutional Convention. 17 February 2013. Retrieved 14 August 2013. 
  16. ^ "Same-sex marriage report submitted to Government by Convention on the Constitution". Constitutional Convention. 2 July 2013. Retrieved 14 August 2013. 
  17. ^ Counihan, Patrick (14 July 2013). "Enda Kenny prepares referendum on same-sex marriage but without recommendation". IrishCentral (IrishCentral). Retrieved 14 August 2013. 
  18. ^ "Press Release". Convention on the Constitution. 9 June 2013. Retrieved 14 August 2013. 
  19. ^ "Constitutional Convention recommends overseas presidential vote". RTÉ. 29 September 2013. Retrieved 30 September 2013. 
  20. ^ Kelly, Fiach (20 May 2013). "Convention rejects call for Seanad debate". Irish Independent. Retrieved 14 August 2013.