List of failed amendments to the Constitution of Ireland
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The Constitution of Ireland has been amended 32 times since its adoption in 1937. Numerous other amendment bills have been introduced in Dáil Éireann but were not enacted.[1] These include government bills passed by the Dáil and Seanad but rejected at referendum; bills which the government introduced but later decided not to proceed with; and the rest were private member's bills (PMBs), usually introduced by opposition TDs. No amendment PMBs passed second stage until 2015.[2]
List of amendments
Denotes amendment defeated by referendum
| Title[a] | Year | Type[b] | Proposer | Stage reached | Subject, notes | Ref. |
|---|---|---|---|---|---|---|
| Third | 1941 | PMB | Fine Gael | Second stage (defeated) | Judges: process for impeachment; make more rigorous by requiring two-thirds majority resolution of each House; extend protection from Supreme Court and High Court to lower-court judges | [3] |
| Third | 1958 | Government | Fianna Fáil | Referendum (defeated on 17 June 1959) | Elections to the Dáil: Replace single transferable vote (STV) system with single-member plurality voting (first past the post, FPTP). Also proposed an independent boundary commission for constituencies. The main proposal similar to the 1968 fourth-amendment bill. | [4][5] |
| Third | 1968 | Government | Fianna Fáil | Referendum (defeated on 16 October 1968) | Elections to the Dáil: Specified a degree of malapportionment in favour of rural constituencies over urban constituencies. | [6][5] |
| Fourth | 1968 | Government | Fianna Fáil | Referendum (defeated on 16 October 1968) | Elections to the Dáil: Replace STV with FPTP for Dáil elections. Similar to main proposal of the 1958 bill. | [7][5] |
| Fourth[c] | 1972 | PMB | Labour | First stage (defeated) | Elections: Lower voting age from 21 to 18. Accomplished by the government-sponsored Fourth Amendment of the Constitution Act, 1972. | [9] |
| Sixth | 1978 | PMB | Labour | Second stage (defeated) | Rights of children: To facilitate adoptions whose legality had been questioned, and to abolish illegitimacy. The government-sponsored Sixth Amendment passed in 1979 addressed the adoption issue; the Status of Children Act 1987 addressed illegitimacy; the Thirty-first Amendment provided rights for children. | [10] |
| Eighth | 1980 | PMB | Socialist Labour Party | First stage (defeated) | Divorce: Permit by deleting Article 41.3.2° and 41.3.3°. Divorce was eventually permitted by the 15th amendment in 1996. | [11] |
| Eighth (Divorce) | 1982 | PMB | Workers' Party | First stage (lapsed) | Divorce: Relax ban. This was eventually lifted by the 15th amendment in 1996. | [12] |
| Eighth (Divorce) | 1983 | PMB | Workers' Party | First stage (defeated) | Divorce: Relax ban. This was eventually lifted by the 15th amendment in 1996. | [13] |
| Tenth (Divorce) | 1984 | PMB | Workers' Party | First stage (defeated) | Divorce: Relax ban. This was eventually lifted by the 15th amendment in 1996. | [14] |
| Tenth | 1985 | PMB[d] | Fine Gael (Michael O'Leary) | First stage (defeated) | Divorce: Relax ban. O'Leary was a government backbencher. His move prompted the government to introduce its own bill. | [15] |
| Tenth (No. 2) | 1985 | PMB[e] | Labour | Second stage (defeated) | Divorce: Relax ban. Labour's coalition partner Fine Gael opposed the bill; a government-sponsored divorce amendment was rejected at referendum later in 1986. | [16] |
| Tenth | 1986 | Government | Fine Gael–Labour | Referendum (defeated on 26 June 1986) | Divorce: Relax ban. This was eventually lifted by the 15th amendment in 1996. | [17][5] |
| Eleventh | 1990 | PMB | Workers' Party | Second stage (defeated) | Amend Articles 2 and 3 to weaken the irredentist claim to Northern Ireland. The Nineteenth Amendment in 1999 amended the articles in a similar manner as part of the Northern Ireland peace process. | [18] |
| Eleventh[f] | 1991 | PMB | Fine Gael | Second stage (lapsed) | Elections: enable Irish emigrants to elect three members of the Seanad. | [19][20][21] |
| Eleventh (No. 2) | 1991 | PMB | Workers' Party | Second stage (lapsed) | Allow abolition of ground rents | [22][23][24][21] |
| Eleventh (No. 3) | 1991 | PMB | Fine Gael | Second stage (defeated) | Rights of women: affirmatively recognise rights of women in section on equality. | [25] |
| Eleventh (No. 4) | 1991 | PMB | Fine Gael | Second stage (lapsed) | Bail laws | [26] |
| Eleventh[g] | 1992 | PMB | Workers' Party | Second stage (lapsed)[h] | Abortion: removal of provision inserted by Eighth Amendment | [29] |
| Eleventh[g] | 1992 | PMB | Labour | Second stage (defeated) | Abortion: allow freedom to information and travel | [30] |
| Twelfth | 1992 | Government | Fianna Fáil–Progressive Democrats | Referendum (defeated on 25 November 1992) | Abortion: Partially reverse the X Case decision by removing risk of suicide as grounds for an abortion. | [31][5] |
| Fifteenth | 1995 | PMB | Fianna Fáil | Second stage (defeated) | Restrict right to bail. Accomplished by the government-sponsored Sixteenth Amendment in 1996. | [32] |
| Seventeenth | 1997 | PMB | Progressive Democrats | Second stage (lapsed) | Election of President: Allow nominating petitions | [33] |
| Eighteenth | 1997 | PMB | Fine Gael | Second stage (lapsed) | Election of President: Allow nominating petitions by 20,000 voters | [34] |
| Twentieth | 1999 | PMB | Democratic Left | Second stage (lapsed) | Lower the age of eligibility for TDs from 21 to 18. | [35] |
| Twenty-first | 1999 | PMB | Greens | Second stage (lapsed) | Neutrality: Require a referendum before the state could join to join a military alliance | [36] |
| Twenty-first (No. 2) | 1999 | PMB | Greens | Second stage (lapsed) | Allowing constitutional amendments by initiative | [37] |
| Twenty-first (No. 3) | 1999 | PMB | Labour | Second stage (defeated) | Rights: Guarantee economic, social and cultural rights | [38] |
| Twenty-first (No. 4) | 1999 | PMB | Labour | Second stage (lapsed) | Rights: Prohibits "unfair discrimination" and permits positive discrimination. | [39] |
| Twenty-first (No. 5) | 1999 | PMB | Labour | Second stage (lapsed) | Rights of children, in particular the UN Convention on the Rights of the Child | [40] |
| Twenty-second | 2001 | Government | Fianna Fáil–Progressive Democrats | Committee stage (lapsed) | Judges: process for impeachment | [41] |
| Twenty-fourth | 2001 | Government | Fianna Fáil–Progressive Democrats | Referendum (defeated on 7 June 2001) | European Union: Ratify the Treaty of Nice. The Twenty-sixth Amendment in 2002 passed referendum and accomplished this. | [42][5] |
| Twenty-fourth | 2002 | PMB | Labour | First stage (withdrawn) | Neutrality: amend Article 29 to allow the state to participate in UN operations but not to join any military alliance. Withdrawn when the Twenty-sixth Amendment included an opt-out from the EU's Common Security and Defence Policy. | [43] |
| Twenty-fifth | 2001 | PMB | Sinn Féin | Second stage (lapsed) | Neutrality: forbid the state from joining any military alliance | [44] |
| Twenty-fifth (Protection of Human Life in Pregnancy) | 2001 | Government | Fianna Fáil–Progressive Democrats | Referendum (defeated on 6 March 2002) | Abortion: Partially reverse the X Case decision by removing risk of suicide as grounds for an abortion, and specify the legal grounds for abortion. | [45][5] |
| Twenty-seventh | 2003 | PMB | Sinn Féin | Second stage (defeated) | Neutrality: affirms neutrality, forbids the state from joining any military alliance; war may only be declared by the Dáil. | [46] |
| Twenty-seventh (No. 2) | 2003 | PMB | Sinn Féin | Second stage (defeated) | Rights: Guarantee the right to housing | [47] |
| Twenty-eighth | 2005 | Government | Fianna Fáil–Progressive Democrats | First stage (lapsed) | European Union: Ratify the proposed Treaty establishing a Constitution for Europe. The government did not proceed with the amendment when the Treaty was abandoned after it was rejected by France and the Netherlands at referendums. | [48] |
| Twenty-eighth | 2006 | PMB | Labour | Second stage (lapsed) | Preserve cultural heritage and commit to sustainable development | [49] |
| Twenty-eighth (No. 2) | 2006 | PMB | Greens | Second stage (lapsed) | Elections: Lower age of candidacy for Dáil and presidential elections | [50] |
| Twenty eighth (No. 3) | 2006 | PMB | Greens | Second stage (lapsed) | Presidency: ease ballot access by reducing the qualifying number of Oireachtas members and allowing nominating petitions; reduce the term from seven to five years; mandate annual address to the Oireachtas; mandate meetings of the Council of State | [51] |
| Twenty-eighth | 2007 | Government | Fianna Fáil–Progressive Democrats | Second stage (lapsed) | Rights of children, insertion of a new article. The 2012 31st amendment covers similar ground. | [52] |
| Twenty-eighth | 2008 | Government | Fianna Fáil–Greens–Progressive Democrats | Referendum (defeated on 12 June 2008) | European Union: Ratify the Treaty of Lisbon. This was achieved with the Twenty-eighth Amendment of the Constitution of Ireland which passed in a referendum the following year. | [53][5] |
| Twenty-ninth | 2008 | PMB | Sinn Féin | Second stage (lapsed) | Rights relating to trade unions | [54] |
| Twenty-ninth | 2009 | PMB | Fine Gael | Second stage (lapsed) | Judges: Ease the restriction on reducing judges' pay. This was achieved by the Twenty-ninth Amendment of the Constitution of Ireland which was passed in a referendum in 2011. | [55] |
| Twenty-ninth | 2011 | PMB[i] | Greens | Second stage (lapsed) | Defines "economic treason". | [56] |
| Twenty-ninth (No.2) | 2011 | PMB | Fianna Fáil | Second stage (defeated) | Allow only individual voters to make political donations. | [57] |
| Twenty-ninth (No.3) | 2011 | PMB | Fianna Fáil | Second stage (defeated) | Allow for the adoption of any child. Achieved by the Thirty-first Amendment of the Constitution of Ireland passed by referendum in 2012 | [58] |
| Thirtieth (Houses of the Oireachtas Inquiries) | 2011 | Government | Fine Gael–Labour | Referendum (defeated on 27 October 2011) | Oireachtas: overturn the 2002 John Carthy verdict limiting the power of Oireachtas inquiries. | [59][5] |
| Thirty-first (The President) | 2011 | PMB | Technical group (Catherine Murphy) | Second stage (defeated) | Presidency: ease ballot access by reducing the qualifying number of Oireachtas members and allowing nominating petitions; remove reference to "proportional representation"; reduce the term from seven to five years | [60] |
| Thirty-first (Economic, Social and Cultural Rights) | 2012 | PMB[d] | Labour (Kevin Humphreys) | Second stage (lapsed)[j] | Rights: Guarantee economic, social and cultural rights | [61] |
| Thirty-second (Dáil Éireann) | 2012 | PMB[d] | Fine Gael (Brendan Griffin) | Second stage (lapsed)[j] | Dáil Éireann: to comprise 100 single-member constituencies by instant-runoff voting (plus the Ceann Comhairle) | [62] |
| Thirty-second (Abolition of Seanad Éireann) | 2013 | Government | Fine Gael–Labour | Referendum (defeated on 4 October 2013) | Oireachtas: Abolish Seanad Éireann. | [63][5] |
| Thirty-fourth (Judicial Appointments) | 2013 | PMB | Technical group (Shane Ross) | Second stage (defeated) | Judges: establish a non-political body to nominate judges, subject to Oireachtas ratification | [64] |
| Thirty-fourth (Neutrality) | 2013 | PMB | Sinn Féin | Second stage (defeated) | Neutrality: declaration of neutrality and forbidding the state from joining any military alliance | [65] |
| Thirty-fourth (No. 3) | 2014 | PMB | Sinn Féin | Second stage (defeated) | Rights: Guarantee right to water; and Public ownership mandated for the Irish water supply | [66] |
| Thirty-fourth (Right to Personal Autonomy and Bodily Integrity) | 2014 | PMB | Technical group (Clare Daly) | Second stage (defeated) | Abortion: repeal the Eighth Amendment, and guarantee rights to personal autonomy and bodily integrity | [67] |
| Thirty-fourth (Members of the Houses of the Oireachtas) | 2014 | PMB | Technical group (Peter Mathews) | Second stage (defeated) | Oireachtas: loosen the party whip system | [68] |
| Thirty-fourth (Peace and Neutrality) | 2014 | PMB | Technical group (Mick Wallace) | Second stage (defeated) | Neutrality: Adhere to Section V of the Hague Convention of 1907 | [69] |
| Thirty-fourth | 2014 | PMB | Technical group (Socialist Party) | Second stage (defeated) | Abortion: repeal the Eighth Amendment | [70] |
| Thirty-fourth (Economic, Social and Cultural Rights) | 2014 | PMB | Technical Group (Thomas Pringle) | Second stage (defeated) | Rights: Guarantee economic, social and cultural rights[71] | |
| Thirty-fifth (Age of Eligibility for Election to the Office of President) | 2015 | Government | Fine Gael–Labour | Referendum (defeated on 22 May 2015) | Presidency: reduce age of candidacy from 35 to 21 | [72][5] |
| Thirty-fourth (Voting Rights in Referenda) | 2014 | PMB | Sinn Féin | Second stage (lapsed)[j] | Election of President: allow emigrants to vote | [74] |
| Thirty-fourth (No. 2) | 2014 | PMB | Sinn Féin | Committee stage (lapsed)[j] | Elections: Lower voting age from 18 to 16. | [75] |
| Thirty-fourth (Dáil Éireann) | 2015 | PMB[d] | Fine Gael (Brendan Griffin) | Second stage (lapsed)[j] | Dáil Éireann: to comprise 158 single-member constituencies; eliminate single transferable vote requirement | [76] |
| Thirty-fifth (Fixed Period for the Duration of Dáil Éireann) | 2015 | PMB | Technical group (Shane Ross) | Second stage (lapsed)[j] | Dáil Éireann: fixed term of five years | [77] |
| Thirty-fifth (Repeal of the Eighth Amendment) | 2016 | PMB | AAA–PBP | Second stage (defeated) | Abortion: repeal the Eighth Amendment, which guarantees the "right to life of the unborn". A motion was passed rejecting the bill, to allow the Citizens' Assembly to consider the issue. | [78] |
| Thirty-fifth (Neutrality) | 2016 | PMB | Sinn Féin | Second stage (defeated) | Neutrality: prohibit assisting foreign preparations for war without the consent of the Dáil, and prohibit joining any military alliance. A motion was passed rejecting the bill "to protect the authority of the Executive to conduct external relations" and affirming existing neutrality provisions and policies. | [79] |
| Thirty-fifth (Economic, Social and Cultural Rights) | 2016 | PMB | Sinn Féin | Second stage (defeated) | Rights: Guarantee economic, social and cultural rights | [80] |
| Thirty-fifth (Right to Housing) | 2017 | PMB | Solidarity–PBP | Second stage (defeated) | Rights: Guarantee the right to housing | [81] |
| Thirty-eighth (Neutrality) | 2018 | PMB | Sinn Féin | Second stage (defeated) | Neutrality: prohibit involvement in any war unless "immediately necessary in defence of the State". | [82] |
| Thirty-fifth (Right to a Home) | 2016 | PMB | Sinn Féin | Second stage (defeated) | Rights: Guarantee the right to housing | [83] |
| Thirty-fifth (Common Ownership of Water Resources) | 2016 | PMB | Greens | Second stage (lapsed) | Public ownership mandated for the Irish water supply | [84] |
| Thirty-fifth (Public Ownership of Certain Assets) | 2016 | PMB | Labour (Willie Penrose) | Second stage (lapsed) | Public ownership mandated for the Irish water supply, gas network, and electricity grid | [85] |
| Thirty-fifth (Protection of Pension Property Rights) | 2017 | PMB | Fianna Fáil (Willie O'Dea) | Second stage (lapsed) | Prohibit taxing of private pension savings (such as had been done from 2011 to 2016 during the post-2008 austerity). | [86] |
| Thirty-fifth (Blasphemy) | 2017 | PMB | Social Democrats | Second stage (lapsed) | Religion: remove the constitution's requirement to criminalise blasphemy. Effected by the 37th amendment in 2018 | [87] |
| Thirty-fifth (Separation of Church and State) | 2017 | PMB | Solidarity–PBP | Second stage (lapsed) | Religion: mandate separation of church and state | [88] |
| Thirty-ninth (Right to Housing) | 2019 | PMB | Independent (Tommy Broughan) | Second stage (lapsed) | Rights: Guarantee the right to housing | [89] |
| Thirty-Ninth (Right to Health) | 2019 | PMB | Rural Independents (Michael Harty) | Second stage (defeated) | Rights: Guarantee the right to health | [90] |
| Thirty-fourth (Inclusive Budget Reform) | 2014 | PMB | Sinn Féin | Second stage (defeated) | Repeal the requirement that measures incurring public spending can only be proposed by the government | [91] |
| Thirty-Ninth (Neutrality) | 2022 | PMB | Solidarity–PBP | Second stage (defeated) | Neutrality: "non-membership of military alliances" and no transit to warzones of foreign "material or personnel" | [92] |
| Thirty-ninth (The Family) | 2023 | Government | Fine Gael–Fianna Fáil–Green | Referendum (defeated on 8 March 2024) | Family: extend protection to non-marital families | [93][94] |
| Fortieth (Care) | 2023 | Government | Fine Gael–Fianna Fáil–Green | Referendum (defeated on 8 March 2024) | Family: replace reference to "woman['s] ... duties in the home" with reference to "the provision of care, by members of a family to one another" | [95][96] |
- Notes
- Where "Nth" is listed, the title of the bill was "Nth Amendment of the Constitution Bill Year"; Where "Nth (Qualifier)" is listed, the title of the bill was "Nth Amendment of the Constitution (Qualifier) Bill Year".
- PMBs were proposed by opposition TDs unless otherwise noted.
- Introduced as the Third Amendment of the Constitution Bill 1968, the government renumbered it the Fourth Amendment when introducing its own Third Amendment bill[8]
- PMB by government backbencher
- PMB by a member of the smaller party in the Fine Gael-Labour coalition.
- This bill was titled Eleventh Amendment of the Constitution 1991 but appears in the Dáil Debates as Eleventh Amendment of the Constitution (No. 2) Bill 1991.
- There were three bills named Eleventh Amendment of the Constitution Bill 1992: No. 2 of 1992 was a WP PMB, No. 11 of 1992 was a Labour PMB, and No. 12 of 1992 was a government bill which was enacted.
- On 26 February 1992 the bill was introduced (first stage) by Proinsias De Rossa.[27] De Rossa lost speaking time when he and five other Workers' Party TDs left to form Democratic Left.[28]
- The Greens were the smaller party in a Fianna Fáil-led government when they introduced the bill in December 2010; they left government in January 2011.