Twenty-eighth Amendment of the Constitution of Ireland

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The Twenty-Eighth Amendment of the Constitution Bill (No 14 of 2008) is a bill introduced by the Government of Ireland in 2008 to amend the Constitution of Ireland in order to enable ratification of the Treaty of Lisbon (also known as the Reform Treaty) of the European Union, so it can enter into force as scheduled on 1 January 2009. As part of the enactment of the bill, a referendum is to be held on 12 June 2008.^[1]

Contents 1 Background 2 Passage of the bill 2.1 Proposed changes to the text 3 Referendum campaign 4 Voting 5 See also 6 References 7 External links 7.1 Official websites 7.2 Unofficial consolidated treaties 7.3 Media overviews 7.4 Political party campaigns 7.5 Groups 7.6 Articles

[edit] Background

A 1987 decision of the Supreme Court established that ratification by Ireland of any significant amendment to the Treaties of European Union requires an amendment to the Constitution of Ireland. All Constitutional amendments require approval by referendum.

Main article: Irish European Constitution referendum

A referendum on the Treaty establishing a Constitution for Europe of the European Union was expected to be held in 2005 or 2006 but was cancelled following the rejection of the Constitution by voters in France in May 2005 and in the Netherlands in June 2005. Most of the content from the Constitution is preserved in the Treaty of Lisbon. (See Treaty of Lisbon compared to the European Constitution).

Ireland is the only EU member state that is set to hold a public referendum on the Treaty. All other member states will ratify it in their national parliaments. This vote is part of the larger EU ratification of the Treaty, which requires that all EU members, and the European Parliament must ratify it. If the result of the referendum is a 'no', it could block the treaty in the EU altogether. However, the Treaty of Nice was ratified by Ireland in 2002 in a second referendum after the first vote rejected it by a narrow margin in 2001.

[edit] Passage of the bill

The treaty was signed on 13 December 2007 in Lisbon. 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, 2008 was published on 6 March.^[3] The bill allows for the ratification of the treaty and also retains the prohibition on Irish participation in an EU common defence agreement. It also allows for Ireland (like the United Kingdom) to opt out from the change from unanimous decisions to qualified majority voting in the sector of police and judicial affairs; this decision will be reviewed three years after the treaty enters into force (if referendum allows). Both states will be able to opt-in on these voting issues on a case-by-case basis.

In Dáil Éireann, the bill passed the First Stage on 2 April 2008, the Second Stage on 23 April 2008, and the Committee Stage and Report and Final Stages on 29 April 2008.^[3] The text of the referendum was approved on the same date.^[4]

The bill was then sent to Seanad Éireann, where it passed the Second Stage and Committee Stage on 1 May 2008, and the Report and Final Stages on 9 May 2008.^[3]

[edit] Proposed changes to the text

• Deletion of entire of Article 29.4.9:

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.

• Deletion of entire of Article 29.4.11:

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.

• (Existing subsection 10 of Article 29.4 retained but renumbered as subsection 9)

• Insertion of new Article 29.4.10:

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.

• Insertion of new Article 29.4.11:

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.

• Insertion of new Article 29.4.12:

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.

• Insertion of new Article 29.4.13:

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.

• Insertion of new Article 29.4.14:

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.

• Insertion of new Article 29.4.15:

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.

[edit] Referendum campaign

This section may contain an inappropriate mixture of prose and timeline. Please help convert this timeline into prose or, if necessary, a list.

Opinion polls

Date	Conductor	Sample size	In favour	Against	Undecided
7 June 2008[5]	Red C	?	42%	39%	19%
5 June 2008[6]	TNS/mrbi	1000	30%	35%	35%
24 May 2008[7]	Red C	?	41%	33%	26%
16 May 2008[8]	TNS/mrbi	1000	35%	18%	47%
10 May 2008[9]	Red C	1000	38%	28%	34%
26 April 2008[10]	Red C	?	35%	31%	34%
14 April 2008[11]	Red C	?	28%	12%	60%
1 March 2008[12]	Red C	?	46%	23%	31%
27 January 2008[13]	Red C	1002	45%	25%	31%
26 January 2008[14]	tns/MRBI	?	26%	10%	66%
October 2007[14]	tns/MRBI	?	25%	13%	62%

The government parties of Fianna Fáil and the Progressive Democrats are in favour of the treaty, but the other government party, the Green Party, is 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 will not participate in the referendum debate, although individual members are free to be involved in whatever side they choose.^[15][16] The main opposition parties of Fine Gael^[17] and the Labour Party are in favour. Sinn Féin, the Socialist Party, the Workers' Party and the Socialist Workers Party are opposed to the treaty, with Sinn Féin being the only party represented in the Oireachtas opposed to it.

The then Taoiseach Bertie Ahern warned against making Ireland a 'battlefield' for eurosceptics across Europe. University College Dublin's invitation of French far-right politician Jean-Marie Le Pen is seen as an example of this.^[18]

The Government is planning to send bilingual booklets written in English and Irish, explaining the Treaty, to every Irish household (2.5 million). 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.^[19] Some commentators have argued that the treaty remains essentially incomprehensible in the absence of such a compendium.^[19]

On 12 March 2008, Libertas, a lobby group started by businessman Declan Ganley launched a campaign called Facts, not politics which advocates a No vote in the referendum.^[20]

On 14 April 2008, the German Chancellor, Angela Merkel appealed to Irish people to vote Yes in the referendum while 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.^[21]

On 2 May 2008, the Irish Alliance for Europe launched its campaign for a Yes vote in the referendum. The Alliance consists of trade unionists, business people, academics and politicians. Its members include Garret FitzGerald, Ruairi Quinn, Pat Cox and Michael O'Kennedy.^[22]

On 15 May 2008, the Taoiseach Brian Cowen stated that should any member of the Fianna Fáil parliamentary party feel uncomfortable in supporting the Lisbon Treaty and campaign against it, they would likely be expelled from the party.^[23]

On 21 May 2008, the executive council of the Irish Congress of Trade Unions voted to support a Yes vote in the referendum.^[24] Rank and file members of the individual unions were not balloted and the Technical, Engineering and Electrical Union (TEEU) is advising its 45,000 members to vote No.

On 23 May 2008, the European Commissioner for the Internal Market Charlie McCreevy has admitted that he has not read the Treaty from cover to cover, and said "he would not expect any sane person to do so".^[25]

On 29 May 2008, the Irish bishops conference stated that 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. Fianna Fáil, Fine Gael and the Labour Party united in their push for a Yes vote despite earlier divisions.^[26]

The two largest farming organisations have called for a Yes vote. On 1 June 2008 the Irish Creamery Milk Suppliers Association (ICMSA) announced its support for a Yes vote^[27] and on 3 June 2008 the Irish Farmers' Association called on a Yes vote after assurances from the Taoiseach Brian Cowen that Ireland would use its veto in Europe if a deal on World Trade reform was unacceptable.^[28]

[edit] Voting

The vast majority of voting will take place on Thursday, 12 June between 07:00 and 22:00; and counting will begin the following morning. There are currently 3,051,278 people registered to vote in Ireland.^[29]

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 eligable to vote on the islands did.^[30]

On 11 June, 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 people eligible to vote, while the Mayo islands had 197 registered voters eligible.^[31]

Certain Irish citizens at home and abroad; namely members of the Irish Defence Forces serving in peacekeeping, Irish diplomats and their spouses abroad, members of the Garda Síochána, those unable to vote in person due to physical illness or disablity, those who would be unable to vote in person due to their employment (including students); and prisoners were able to vote by postal vote before 9 June.^[32]

[edit] See also

• Amendments to the Constitution of Ireland
• Constitutional amendment
• Politics of the Republic of Ireland
• Lisbon Treaty - Irish Ratification

[edit] References

[edit] External links

[edit] Official websites

• Twenty-Eighth Amendment of the Constitution Bill 2008 – Oireachtas site, showing the stages of the bill's passage.
• The Lisbon Treaty – Referendum Commission
• Reform Treaty – An explanatory guide – Government of Ireland
• Reform Treaty – Department of Foreign Affairs
• Official Treaty website – Europa

• Treaty of Lisbon text

• Treaty of Lisbon (EU Reform Treaty) – National Forum on Europe

[edit] Unofficial consolidated treaties

• Treaty of Lisbon 2007: Consolidated Treaties – Institute of European Affairs

[edit] Media overviews

• Lisbon Treaty – RTÉ
• The Lisbon Treaty – The Irish Times

[edit] Political party campaigns

• Vote 4 Europe – Fianna Fáil
• Heart of Europe – Fine Gael
• EU Reform Treaty – Green Party
• YES to the Lisbon Reform Treaty...for a better Europe – Labour Party
• No 2 Lisbon Treaty Website – Sinn Féin
• No to Lisbon – éirígí
• Lisbon – A Treaty Too Far – Worker's Party

[edit] Groups

• Yes to Lisbon – Irish Alliance for Europe
• No to Lisbon campaign – Libertas
• VoteNo.ie
• Campaign Against the EU Constitution
• Cóir – Lisbon Treaty No Campaign
• Vote No to Lisbon Treaty – People Before Profit Alliance
• Vote No – Workers Solidarity Movement

[edit] Articles

• Green Light from the Emerald Isle? Ten Questions and Answers about Ireland spotlight europe, Bertelsmann Stiftung, 15 May 2008

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