Constitution (2004)

REFERENDUMS HELD ON EUROPEAN MATTERS: 6

1972: EU - Accession (Yes 83 % - No 17 % - Turnout 71 %)
1987: Single European Act (Yes 70 % - No 30 % - Turnout 44 %)
1992: Treaty of Maastricht (Yes 69 % - No 31 % - Turnout 57 %)
1998: Treaty of Amsterdam (Yes 62 % - No 38 % - Turnout 56 %)
2001: Treaty of Nice (No 54 % - Yes 46 % - Turnout 35 %)
2002: Treaty of Nice (Yes 63 % - No 37 % - Turnout 49 %)

CONSTITUTIONAL CONDITIONS - Constitution of Ireland

Binding referendum provided for any transfer of power because that requires a constitutional amendment which makes a referendum mandatory.

ARTICLES ABOUT INTERNATIONAL TREATIES, REFERENDUM AND CONSTITUTIONAL AMENDMENTS

Regulation about a special transfer of sovereignty to EU:
A decision taken by the European Council to establish a common defence shall not be adopted if Ireland would be included, Art. 29 IV 9 ConstIreland.

Approval of transfer of sovereignty without effect of constitutional amendment:
Majority from both chambers, Art. 29 V, VI ConstIreland.

Approval of transfer of sovereignty with effect of constitutional amendment:
Not expressly regulated, but constitutional amendment required.

Approval of constitutional amendment:
Majority from both chambers and by mandatory and binding referendum, Art. 46, 47 ConstIreland.

Other constitutional regulations about referendums:
Any bill not amending the constitution can be given to a referendum on demand of a majority of the members of parliament or not less than 1/3 of the members of senate, Art. 27 ConstIreland.

RATING AND DEBATE

Decided

The referendum in Ireland had been set to take place in autumn. But the Irish government had not announced a specific referendum date. The Yes campaign to approve the Constitution is very broad: Ireland's largest opposition party, Fine Gael, will campaign for the Constitution, and the Labour Party is likely to do the same. One political party which will actively campaign against the new Constitution is Sinn Fein. Its spokesperson on international affairs, Aengus O'Snodaigh, said the main concern was that the Constitution would further erode Ireland's sovereignty in a range of areas. The Eurobarometer opinion poll in January 2005 showed that only 28% of Irish people supported the Constitution. This level of support put Ireland fourth lowest in the EU, just above Sweden, Cyprus and the UK.
On 26.05.2005 the legislation act to allow Ireland's people to vote in a referendum on the proposed Constitution was published by the government. The law, the 28th Amendment of the Constitution Bill, had to be passed by both houses before it could be put to the people in a referendum.
According to a Irish Times opinion poll published on 14.06.05 a greater number of voters (45%) believed a referendum on the EU Constitution should go ahead in Ireland despite its rejection by the French and Dutch people, but more citizens would have voted to reject it than to ratify it.
On 16.06.2005 an Irish government spokesperson indicated that Dublin was considering postponing its referendum. Nevertheless Ireland will pursue its plans to hold a referendum on the EU constitution and will ratify it without setting any date or putting forward the required laws to enable the vote. Prime Minister Bertie Ahern said: "We will, however, continue to prepare for a referendum," […] "I strongly believe that ratification of the European Constitution remains a valid and important objective for Ireland and for the Union. We will use the period of reflection to intensify our engagement with the European constitution and Europe generally” the government is determined to veto any renegotiation and to avoid a fragmentation of the constitution.
As in other member states support to the EU constitution had fallen after the Dutch and French vote, an Irish Times/TNS mrbi opinion poll published on 13.06, found that 35 per cent of those asked would reject the treaty, leaving 30 per cent in favour of ratification and 35 per cent said they are still undecided.

Eurobarometer (2006), The Future of Europe - Results for Ireland, Special Eurobarometer 251, Fieldwork: 23/02 – 15/03 2006. (PDF)

Eurobarometer report, (February 2004): 80% rather agree, 11% rather disagree*

*Are you rather agree or rather disagree with the statement: The European Union must adopt a Constitution.

Eurobarometer report, (January 2005): 28% favourable, 5% opposed*

*Based on what you know, would you say that you are in favour of or opposed to the draft European Constitution?

Eurobarometer report, (July 2005): 54% favourable, 15% opposed*

*Based on the question, are you for or against a constitution for the European Union?

Latest News

09.09.2005 Irish still undecided about EU constitution: study. EUbusiness.com

23.06.2005 Ireland preparing discussion paper on EU constitution. EUbusiness.com

21.06.2005 Ireland to press on with EU constitution referendum plans. EUbusiness.com

07.06.2005 Ireland to go ahead with vote on EU constitution. EUbusiness.com

03.06.2005 Irish FM casts doubt on country's EU referendum. EUbusiness.com

26.05.2005 Ireland publishes laws to pave way for EU constitution vote. EUbusiness.com

06.05.2005 Dublin considers curbing referendums on EU issues. EUobserver.com

28.10.2003 According to the Irish Constitution, Article 46, the government is required to put any issue to a referendum if it will alter the Constitution. EUobserver.com

PROCEDURE

vote in the national parliament + Referendum

STATE OF THE PROCEDURE

The referendum was postponed

DATE OF REFERENDUM

postponed

RELEVANT DOCUMENTS AND MATERIAL

Irish Department of Foreign Affairs, White Paper on the European Constitution, 13.10.2005. (PDF)

European Commission’s Representation in Ireland, Analysis of the Irish results of a Eurobarometer opinion poll, 09.09.2005. (PDF)

The Taoiseach, Bertie Ahern, statement on the European Council meeting, Houses of the Oireachtas, 21.06.05. (HTML)

Link: Legislative process with regard to the 28th Amendment of the Constitution Bill (HTML)

Irish Government, Twenty eighth amendment of the Constitution Bill 2005 and the Explanatory Memorandum, 26.05.2005. (PDF)

The National Forum On Europe, Gweedore Debates the EU Constitution, 25.04.2005.

Link: Irish Department of Foreign Affairs, Information regarding the European Constitution

Link: The Referendum Commission

Irish Parliament, Committee on European Affairs, Constitutional Treaty: Presentation, 02.03.2005, (HTML)

Irish Parliament, Committee on European Affairs, Ratification of the EU Constitutional Treaty: Presentation, 09.02.2005, (HTML)

Irish Parliament, Committee on European Affairs, EU Constitution: Presentation, 02.02.2005, (HTML)

Brown, A. (2005), Country Report: Ireland, EPIN Ratification Monitor, February 2005.

Link: The National Forum On Europe

Irish Department of Foreign Affairs, Explanatory Paper on the Constitutional Treaty, October 2004.