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The Twenty-eighth Amendment of the Constitution of Ireland permitted the state to ratify the Lisbon Treaty of the European Union. It was effected by the Twenty-eighth Amendment of the Constitution (Treaty of Lisbon) Act 2009, which was approved by referendum on 2 October 2009 (sometimes known as the Lisbon II referendum).
Contents
The amendment was approved by the Irish electorate by 67.1% to 32.9%, on a turnout of 59%. The amendment's enactment followed the failure of a previous attempt which was rejected in the Lisbon I referendum, held in June 2008 (this failed proposal was also intended to be called the "Twenty-eighth Amendment"). The successful referendum in 2009 represented a swing of 20.5% to the "Yes" side, from the result in 2008.
Following the referendum, Dáil Éireann (the lower house of parliament) gave its approval to the Treaty on 8 October 2009. The President of Ireland Mary McAleese signed the amendment of the constitution into law on 15 October. These formalities having been conducted, the state ratified the treaty by depositing the instrument of ratification with the Italian government on 23 October. The Treaty of Lisbon entered into force on 1 December 2009.
Background
A 1987 decision of the Supreme Court established that ratification by Ireland of any significant amendment to the Treaties of the European Union requires an amendment to the Constitution of Ireland. All constitutional amendments require approval by 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. The Treaty of Lisbon represents the European-wide political compromise that was agreed upon in the wake of the rejection of the Constitution. It preserves most of the content of the Constitution, especially the new rules on the functioning of the European Institutions, but gives up any symbolic reference to a Constitution. (See Treaty of Lisbon compared to the European Constitution.)
Lisbon I referendum
The 'Twenty-eighth Amendment of the Constitution Bill 2008' was a proposal to amend the Constitution of Ireland to enable ratification of the Treaty of Lisbon (also known as the Reform Treaty) of the European Union, so it could be enacted as scheduled on 1 January 2009. As part of the enactment of the bill, a referendum was held on 12 June 2008. The proposal was defeated by 53.4% to 46.6%, with a turnout of 53.1%.
Ireland was the only EU member state that held public referendums on the Treaty. Ratification of the Treaty in all other member states is decided upon by the states' national parliaments. The referendum was part of the larger EU ratification of the Treaty, which required that all EU members and the European Parliament must ratify it. A "No" vote in the referendum could have blocked 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.
Accordingly, the Irish government renegotiated the terms of the Treaty, adding areas where Ireland would have specific exclusions, which could be presented in a second referendum.
Former wording
The former wording of Article 29.4 of the Constitution of Ireland was:
1. The executive power of the State in or in connection with its external relations shall in accordance with Article 28 of this Constitution be exercised by or on the authority of the Government.
2. For the purpose of the exercise of any executive function of the State in or in connection with its external relations, the Government may to such extent and subject to such conditions, if any, as may be determined by law, avail of or adopt any organ, instrument, or method of procedure used or adopted for the like purpose by the members of any group or league of nations with which the State is or becomes associated for the purpose of international co-operation in matters of common concern.
3. The State may become a member of the European Coal and Steel Community (established by Treaty signed at Paris on the 18th day of April 1951), the European Economic Community (established by Treaty signed at Rome on the 25th day of March 1957) and the European Atomic Energy Community (established by Treaty signed at Rome on the 25th day of March 1957). The State may ratify the Single European Act (signed on behalf of the Member States of the Communities at Luxembourg on the 17th day of February 1986, and at the Hague on the 28th day of February 1986).
4. The State may ratify the Treaty on European Union signed at Maastricht on the 7th day of February 1992, and may become a member of that Union.
5. The State may ratify the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts signed at Amsterdam on the 2nd day of October 1997.
6. The State may exercise the options or discretions provided by or under Articles 1.11, 2.5 and 2.15 of the Treaty referred to in subsection 5 of this section and the second and fourth Protocols set out in the said Treaty but any such exercise shall be subject to the prior approval of both Houses of the Oireachtas.
7. The State may ratify the Treaty of Nice amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts signed at Nice on the 26th day of February 2001.
8. The State may exercise the options or discretions provided by or under Articles 1.6, 1.9, 1.11, 1.12, 1.13 and 2.1 of the Treaty referred to in subsection 7 of this section but any such exercise shall be subject to the prior approval of both Houses of the Oireachtas.
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.
10. No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State which are necessitated by the obligations of membership of the European Union or of the Communities, or prevents laws enacted, acts done or measures adopted by the European Union or by the Communities or by institutions thereof, or by bodies competent under the Treaties establishing the Communities, from having the force of law in 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.
Changes
3. The State may become a member of the European Coal and Steel Community (established by Treaty signed at Paris on the 18th day of April 1951), the European Economic Community (established by Treaty signed at Rome on the 25th day of March 1957) and the European Atomic Energy Community (established by Treaty signed at Rome on the 25th day of March 1957). The State may ratify the Single European Act (signed on behalf of the Member States of the Communities at Luxembourg on the 17th day of February 1986, and at the Hague on the 28th day of February 1986).
Voting
There were 3,078,132 voters on the electoral register. With the exception of some outlying islands that went to the polls two days ahead of the rest of the country, official voting took place on Friday, 2 October 2009 between 07:00 and 22:00. Counting began the following morning at 09:00.
Reaction
Taoiseach Brian Cowen said Ireland had taken "a decisive step" by passing the referendum. Tánaiste Mary Coughlan said the No vote across her home county, Donegal, was apparent from around a fortnight previously because of "mixed messages". Fine Gael's leader Enda Kenny described it as "a mature, reflective decision". Eamon Gilmore, leader of the Labour Party, said it was both "sensible" and "necessary". President of the European Commission José Manuel Barroso said the vote ensured it was "a great day" for both Ireland and Europe. President of the European Parliament Jerzy Buzek stated that work would now get underway "to overcome the difficulties" that remained.
Declan Ganley, Libertas leader, said the unexpectedly high Yes vote demonstrated "how scared people are" of the state of the economy. This feeling was echoed by a certain proportion of voters, one of whose attitude was "I'm here because I have a vote and, basically, I've been told what to do with it". The Socialist Party's MEP Joe Higgins praised the performance of the No campaign. Sinn Féin's President Gerry Adams asked why the first referendum had been ignored. Sinn Féin Vice-President Mary Lou McDonald criticised the "dishonourable and depressing" Yes campaign. Richard Greene of Cóir promised the war against the Treaty would continue despite the second result, saying Cóir was "extremely disappointed that the voice of the people was not heard the first time around". Václav Klaus, President of the Czech Republic, described the vote as "tarnished since this is a repeated referendum". Nigel Farage, leader of the United Kingdom Independence Party, said the process had been no different from "a corrupt election in Zimbabwe or Afghanistan". Bruce Arnold, a columnist with the Irish Independent, said the damage done to the disenfranchised by the "tainted outcome" of the referendums would "not be easily fixed".
Final formalities
Subsequent to the referendum, the following formalities were observed: