Irish referendum on the European Constitution
Encyclopedia
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, which prescribes the extent to which Irish law can be superseded by other laws, including EU law.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.
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.
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." 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".
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%.
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%.
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
was expected to take place in 2005 or 2006 to decide whether Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
should ratify
Ratification
Ratification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada.- Private law :In contract law, the...
the proposed EU Constitution
Treaty establishing a Constitution for Europe
The Treaty establishing a Constitution for Europe , , was an unratified international treaty intended to create a consolidated constitution for the European Union...
. 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
Single European Act
The Single European Act was the first major revision of the 1957 Treaty of Rome. The Act set the European Community an objective of establishing a Single Market by 31 December 1992, and codified European Political Cooperation, the forerunner of the European Union's Common Foreign and Security Policy...
of 1986, requires the amendment of Article 29 of the Constitution of Ireland
Constitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
, 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
The Irish Times
The Irish Times is an Irish daily broadsheet newspaper launched on 29 March 1859. The editor is Kevin O'Sullivan who succeeded Geraldine Kennedy in 2011; the deputy editor is Paul O'Neill. The Irish Times is considered to be Ireland's newspaper of record, and is published every day except Sundays...
opinion poll
Opinion poll
An opinion poll, sometimes simply referred to as a poll is a survey of public opinion from a particular sample. Opinion polls are usually designed to represent the opinions of a population by conducting a series of questions and then extrapolating generalities in ratio or within confidence...
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.
The then government parties of Fianna Fáil
Fianna Fáil
Fianna Fáil – The Republican Party , more commonly known as Fianna Fáil is a centrist political party in the Republic of Ireland, founded on 23 March 1926. Fianna Fáil's name is traditionally translated into English as Soldiers of Destiny, although a more accurate rendition would be Warriors of Fál...
and the Progressive Democrat were in favour of a yes vote. Fine Gael
Fine Gael
Fine Gael is a centre-right to centrist political party in the Republic of Ireland. It is the single largest party in Ireland in the Oireachtas, in local government, and in terms of Members of the European Parliament. The party has a membership of over 35,000...
, the main opposition party was also in favour of a yes vote. The Labour Party
Labour Party (Ireland)
The Labour Party is a social-democratic political party in the Republic of Ireland. The Labour Party was founded in 1912 in Clonmel, County Tipperary, by James Connolly, James Larkin and William X. O'Brien as the political wing of the Irish Trade Union Congress. Unlike the other main Irish...
, 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
Sinn Féin
Sinn Féin is a left wing, Irish republican political party in Ireland. The name is Irish for "ourselves" or "we ourselves", although it is frequently mistranslated as "ourselves alone". Originating in the Sinn Féin organisation founded in 1905 by Arthur Griffith, it took its current form in 1970...
, the Socialist Party
Socialist Party (Ireland)
The Socialist Party is a socialist political party active in Ireland. It is a member of the Committee for a Workers' International .Formerly known as Militant Tendency, then Militant Labour, it adopted the name The Socialist Party in 1996. From their foundation in 1972 until the 1980s, members of...
and the Socialist Workers Party
Socialist Workers Party (Ireland)
The Socialist Workers Party is an Irish Trotskyist political party.-Foundation and growth:The SWP was originally founded in 1971 as the Socialist Workers Movement by supporters of the International Socialists of Britain living in Northern Ireland, who had previously been members of People's...
. The Green Party
Green Party (Ireland)
The Green Party is a green political party in Ireland. It was founded as the Ecology Party of Ireland in 1981 by Dublin teacher Christopher Fettes. The party became the Green Alliance in 1983 and in 1987 was renamed to its current title in English...
, 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 CouncilEuropean Council
The European Council is an institution of the European Union. It comprises the heads of state or government of the EU member states, along with the President of the European Commission and the President of the European Council, currently Herman Van Rompuy...
agreed upon the foundation of a new treaty to replace the rejected Constitution.
Valery Giscard D'Estaing
Valéry Giscard d'Estaing
Valéry Marie René Georges Giscard d'Estaing is a French centre-right politician who was President of the French Republic from 1974 until 1981...
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." This quote was used by anti Lisbon Treaty campaigners like Declan Ganley
Declan Ganley
Declan James Ganley is a British-born Irish citizen, entrepreneur, businessman and political activist. He is founder and chairman of a political party, Libertas with pan-European ambitions...
and Patricia McKenna
Patricia McKenna
Patricia McKenna is an Irish independent politician. She served as a Green Party Member of the European Parliament for the Dublin constituency from 1994 to 2004.-Background:...
. 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".
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
Treaty of Lisbon
The Treaty of Lisbon of 1668 was a peace treaty between Portugal and Spain, concluded at Lisbon on 13 February 1668, through the mediation of England, in which Spain recognized the sovereignty of Portugal's new ruling dynasty, the House of Braganza....
. 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%.
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%.