Irish European Constitution referendum

The Irish referendum on the Treaty establishing a Constitution for Europe was a vote that was planned but did not occur. The referendum was expected to take place in 2005 or 2006 to decide whether Ireland should ratify the proposed EU Constitution. Following the rejection of the Constitution by voters in the French referendum of May 2005 and the Dutch referendum of June 2005, the planned Irish referendum was postponed indefinitely.

The government of Ireland signed the "Treaty establishing a Constitution for Europe" on 29 October 2004. However the ratification of major EU treaties, starting with the Single European Act of 1986, requires the amendment of Article 29 of the Constitution of Ireland, which prescribes the extent to which Irish law can be superseded by other laws, including EU law. Amendments of the Constitution of Ireland can only be approved by referendum.

A TNS/MRBI Irish Times opinion poll on 14 June 2005 showed that while 45% of voters wished to see a referendum, only 30% would vote yes in the constitutional referendum, with 35% voting no and 35% unsure.^[1]

The then government parties of Fianna Fáil and the Progressive Democrat were in favour of a yes vote. Fine Gael, the main opposition party was also in favour of a yes vote. The Labour Party, like the French Socialist Party, was divided, with its parliamentary leadership supporting ratification but its youth wing calling for a rejection. The other left-wing parties were calling for a no vote, including Sinn Féin, the Socialist Party and the Socialist Workers Party. The Green Party, was split on the text and a special convention to determine its position was called off after the Dutch and French 'no' votes.

Lisbon Treaty drafted

Following the rejection of the Constitution by French and Dutch voters, the ratification process was halted. As support by all members was required the Constitution was dropped and in July 2007 the European Council agreed upon the foundation of a new treaty to replace the rejected Constitution.

Valery Giscard D'Estaing commented on the old and new texts: "Public opinion will be led to adopt, without knowing it, the proposals that we dare not present to them directly" ... "All the earlier proposals will be in the new text, but will be hidden and disguised in some way."^[2] This quote was used by anti Lisbon Treaty campaigners like Declan Ganley and Patricia McKenna. However, according to the Irish Times, this misuse of the quote angered D'Estaing. The full quote should have read: "The latest brainwave is to preserve part of the innovations of the constitutional treaty, but hide them by breaking them up into several texts. The most innovative provisions would become simple amendments to the treaties of Maastricht and Nice. The technical improvements would be regrouped in a colourless, harmless treaty. The texts would be sent to national parliaments, which would vote separately. Thus public opinion would be led to adopt, without knowing it, the provisions that we dare not present directly. This process of 'dividing to ratify' is obviously unworthy of the challenge at stake. It may be a good magician's act. But it will confirm European citizens in the idea that the construction of Europe is organised behind their backs by lawyers and diplomats".^[3]

The text agreed on 19 October 2007 contained many of the changes of the Constitution but would not replace the existing treaties, as the Constitution would have done, but amended them. This new treaty became known as the Reform Treaty or the Treaty of Lisbon. The first referendum on the Treaty of Lisbon held on 12 June 2008 was rejected by the Irish electorate, by a margin of 53.4% to 46.6%, with a turnout of 53%.^[4]

The second referendum on the Treaty of Lisbon held on 2 October 2009 and the proposal was approved by 67.1% to 32.9%, with a turnout of 59%.^[5]

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