Twenty-eighth Amendment of the Constitution Bill 2008

12 June 2008 (2008-06-12)
To permit the state to ratify the Treaty of Lisbon
Results
Choice Votes % Yes 752,451 46.60% No 862,415 53.40% Valid votes 1,614,866 99.62% Invalid or blank votes 6,171 0.38% Total votes 1,621,037 100.00% Registered voters/turnout 3,051,278 53.13%
Results by constituency

The Twenty-eighth Amendment of the Constitution Bill 2008 (bill no. 14 of 2008) was a proposed amendment to the Constitution of Ireland that was put to a referendum in 2008 (the first Lisbon referendum). The purpose of the proposed amendment was to allow the state to ratify the Treaty of Lisbon of the European Union.

The amendment was rejected by voters on 12 June 2008 by a margin of 53.4% to 46.6%, with a turnout of 53.1%.^[1] The treaty had been intended to enter into force on 1 January 2009, but had to be delayed following the Irish rejection. However, the Lisbon treaty was approved by Irish voters when the Twenty-eighth Amendment of the constitution was approved in the second Lisbon referendum, held in October 2009.

Background

The Treaty of Lisbon was signed by the member states of the European Union on 13 December 2007. It was in large part a revision of the text of the Treaty establishing a Constitution for Europe after its rejection in referendums in France in May 2005 and in the Netherlands in June 2005. The Treaty of Lisbon preserved most of the content of the Constitution, especially the new rules on the functioning of the European Institutions, but gives up any symbolic or terminologic reference to a Constitution. (See Treaty of Lisbon compared to the European Constitution.)

Because of the decision of the Supreme Court in Crotty v. An Taoiseach (1987), an amendment to the Constitution was required before it could be ratified by Ireland. Ireland was the only one of the then 15 EU member states to put the Treaty to the people in a referendum. Ratification of the Treaty in all other member states was decided upon by national parliaments alone.

Proposed changes to the text

The Twenty-eighth Amendment of the Constitution Bill proposed to make the following changes to Article 29.4:

Deletion of subsections 9° and 11:

9° The State shall not adopt a decision taken by the European Council to establish a common defence pursuant to Article 1.2 of the Treaty referred to in subsection 7° of this section where that common defence would include the State. 11° The State may ratify the Agreement relating to Community Patents drawn up between the Member States of the Communities and done at Luxembourg on the 15th day of December, 1989.

Subsection 10° renumbered as subsection 9°.

Insertion of the following subsections:

10° The State may ratify the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon on the 13th day of December 2007, and may be a member of the European Union established by virtue of that Treaty.

11° No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State that are necessitated by the obligations of membership of the European Union referred to in subsection 10 of this section, or prevents laws enacted, acts done or measures adopted by the said European Union or by institutions thereof, or by bodies competent under the treaties referred to in this section, from having the force of law in the State.

12° The State may exercise the options or discretions provided by or under Articles 1.22, 2.64, 2.65, 2.66, 2.67, 2.68 and 2.278 of the Treaty referred to in subsection 10 of this section and Articles 1.18 and 1.20 of Protocol No. 1 annexed to that Treaty, but any such exercise shall be subject to the prior approval of both Houses of the Oireachtas.

13° The State may exercise the option to secure that the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on the European Union and the Treaty on the Functioning of the European Union (formerly known as the Treaty establishing the European Community) shall, in whole or in part, cease to apply to the State, but any such exercise shall be subject to the prior approval of both Houses of the Oireachtas.

14° The State may agree to the decisions, regulations or other acts under —

i. Article 1.34(b)(iv),

ii. Article 1.56 (in so far as it relates to Article 48.7 of the Treaty referred to in subsection 4 of this section),

iii. Article 2.66 (in so far as it relates to the second subparagraph of Article 65.3 of the Treaty on the Functioning of the European Union),

iv. Article 2.67 (in so far as it relates to subparagraph (d) of Article 69A.2, the third subparagraph of Article 69B.1 and paragraphs 1 and 4 of Article 69E of the Treaty on the Functioning of the European Union),

v. Article 2.144(a),

vi. Article 2.261 (in so far as it relates to the second subparagraph of Article 270a.2 of the Treaty on the Functioning of the European Union), and

vii. Article 2.278 (in so far as it relates to Article 280H of the Treaty on the Functioning of the European Union), of the Treaty referred to in subsection 10 of this section, and may also agree to the decision under the second sentence of the second subparagraph of Article 137.2 of the Treaty on the Functioning of the European Union (as amended by Article 2.116(a) of the Treaty referred to in the said subsection 10), but the agreement to any such decision, regulation or act shall be subject to the prior approval of both Houses of the Oireachtas.

15° The State shall not adopt a decision taken by the European Council to establish a common defence pursuant to —

i. Article 1.2 of the Treaty referred to in subsection 7 of this section, or

ii. Article 1.49 of the Treaty referred to in subsection 10 of this section, where that common defence would include the State.

Oireachtas debate

On 26 February 2008, the Government of Ireland approved the text of the changes to the constitution.^[2] The Twenty-eighth Amendment of the Constitution Bill was proposed in Dáil Éireann by Minister for Foreign Affairs Dermot Ahern on 2 April 2008.^[3] It passed final stages in the Dáil on 29 April, with Sinn Féin TDs and Independent TD Tony Gregory rising against, but with insufficient numbers to call a vote.^[4] It passed final stages in the Seanad on 7 May.^[5]

Campaign

A Referendum Commission was established by Minister for the Environment, Heritage and Local Government John Gormley.^[6] It was chaired by former High Court judge Iarfhlaith O'Neill. Its role was to prepare one or more statements containing a general explanation of the subject matter of the proposal and of the text of the proposal in the amendment bill.^[7]

Participants

Participants were:^[8]

Events

The government parties of Fianna Fáil and the Progressive Democrats were in favour of the treaty, but the other government party, the Green Party, was divided on the issue. At a special convention on 19 January 2008, the leadership of the Green Party failed to secure a two-thirds majority required to make support for the referendum official party policy. The result of the vote was 63% in favour. As a result, the Green Party itself did not participate in the referendum debate, although individual members were free to be involved in whatever side they chose; all Green Party members of the Oireachtas supported the Treaty.^[9][10] The main opposition parties of Fine Gael^[11] and the Labour Party were also in favour. Only one party represented in the Oireachtas, Sinn Féin, was opposed to the treaty, while minor parties opposed to it included the Socialist Party, the Workers' Party and the Socialist Workers Party. Independent TD's Tony Gregory and Finian McGrath, Independent MEP Kathy Sinnott, and Independent members of the Seanad from the universities David Norris, Shane Ross and Rónán Mullen advocated a No vote as well.

The then Taoiseach Bertie Ahern warned against making Ireland a 'battlefield' for eurosceptics across Europe. The invitation by UCD's Law Society to French far-right politician Jean-Marie Le Pen was seen as an example of this.^[12] Nigel Farage, leader of the United Kingdom Independence Party, committed his party to supporting the No campaign saying: “UKIP members will be encouraged to go to Ireland to help.”^[13]

The Government sent bilingual booklets written in English and Irish, explaining the Treaty, to all 2.5 million Irish households. However compendiums of the two previous treaties, of which the Lisbon Treaty is intended to be a series of reforms and amendments, remain unavailable in Ireland.^[14] Some commentators have argued that the treaty remains essentially incomprehensible in the absence of such a compendium.^[14]

On 12 March 2008, Libertas, a lobby group started by businessman Declan Ganley launched a campaign called Facts, not politics which advocated a No vote in the referendum.^[15] A month later, the German Chancellor, Angela Merkel appealed to Irish people to vote Yes in the referendum whilst on a visit to Ireland. The anti-Lisbon Treaty campaign group accused the government and Fine Gael of a U-turn on their previous policy of discouraging foreign leaders from visiting Ireland during the referendum campaign.^[16] The European Commissioner for the Internal Market Charlie McCreevy admitted he had not read the Treaty from cover to cover, and said "he would not expect any sane person to do so".^[17]

At the start of May, the Irish Alliance for Europe launched its campaign for a Yes vote in the referendum this consisted of trade unionists, business people, academics and politicians. Its members include Garret FitzGerald, Ruairi Quinn, Pat Cox and Michael O'Kennedy.^[18] The Taoiseach Brian Cowen stated that should any member of the Fianna Fáil parliamentary party campaign against the treaty, they would likely be expelled from the party.^[19]

On 21 May 2008, the executive council of the Irish Congress of Trade Unions voted to support a Yes vote in the referendum.^[20] Rank and file members of the individual unions were not balloted and the Technical, Engineering and Electrical Union (TEEU) advised its 45,000 members to vote No. The Irish bishops conference stated the Catholic Church's declaration that the treaty would not weaken Ireland's constitutional ban on abortion, however the conference did not advocate either a Yes or No vote. By the start of June, Fianna Fáil, Fine Gael and the Labour Party had united in their push for a Yes vote despite earlier divisions.^[21] The two largest farming organisations, the Irish Creamery Milk Suppliers Association (ICMSA)^[22] and the Irish Farmers' Association^[23] called for a Yes vote, the latter giving its support after assurances from the Taoiseach Brian Cowen that Ireland would use its veto in Europe if a deal on World Trade reform was unacceptable.

Opinion polls

Voting

There were 3,051,278 voters on the electoral register.^[34] The vast majority of voting took place on Thursday, 12 June between 07:00 and 22:00. Counting began the following morning at 09:00. Several groups voted before the standard polling day:

Some groups were able to cast postal votes before 9 June, namely: members of the Irish Defence Forces serving in United Nations peacekeeping missions; Irish diplomats and their spouses abroad; members of the Garda Síochána; those unable to vote in person due to physical illness or disability; those who would be unable to vote in person due to their employment (including students); and prisoners.^[35]

On 9 June, several islands off the coast of County Donegal voted: Tory Island, Inisfree, Gola, Inishbofin and Arranmore Island; these islands are all part of the Donegal South-West constituency. Around 37% of the 745 eligible voted.^[36] Two days later, several islands off the coast of Counties Galway and Mayo voted: the Aran Islands (Inis Mór, Inis Meáin and Inis Oírr) and Inishboffin form part of Galway West constituency; while Inishturk, Inishbiggle and Clare Island form part of the Mayo constituency. The Galway islands had 1,169 eligible to vote, while the Mayo islands had 197.^[37]

Result

Votes were counted separately in each Dáil constituency. The overall verdict was formally announced by the Referendum Returning officer in Dublin Castle by accumulating the constituency totals.^[1]

The national result was as follows:

Twenty-eighth Amendment of the Constitution of Ireland Bill 2008^[38]

Choice	Votes	%
No	862,415	53.40
Yes	752,451	46.60
Valid votes	1,614,866	99.62
Invalid or blank votes	6,171	0.38
Total votes	1,621,037	100.00
Registered voters/turnout	3,051,278	53.13

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