Twenty-eighth Amendment of the Constitution of Ireland Bill, 2008

The Twenty-eighth Amendment of the Constitution Bill, 2008 was 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 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. [cite news
url=http://www.breakingnews.ie/ireland/mhojojidojau/
title=12 June pencilled in as date for Lisbon Treaty vote
work=BreakingNews.ie
date=2008-04-02
accessdate=2008-04-02] The proposal was defeated by 53.4% of votes to 46.6%, with a turn out of 53.1%.cite web
url=http://www.referendum.ie/current/index.asp?ballotid=78
title=Results received at the Central Count Centre for the Referendum on The Lisbon Treaty
date=2008-06-13
accessdate=2008-06-13
publisher=Referendum Returning Officer, referendum.ie]

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. [Cite BAILII
country=ie
litigants=Raymond Crotty v An Taoiseach and Others
court=IESC
year=1987
num=4
date=1987-04-09] 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 or terminologic reference to a Constitution. (See Treaty of Lisbon compared to the European Constitution).

Ireland is the only EU member state that has held a public referendum on the Treaty. Ratification of the Treaty in all other member states is decided upon by the states' national parliaments. The referendum is part of the larger EU ratification of the Treaty, which requires that all EU members, and the European Parliament must ratify it. A "No" vote in the referendum 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.

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. [cite news
url=http://www.rte.ie/news/2008/0226/eulisbon.html
title=Cabinet approves text for Lisbon vote
work=RTÉ News
date=2008-02-26
accessdate=2008-02-26] The "Twenty-eighth Amendment of the Constitution Bill, 2008" was published on 6 March.cite news
url=http://www.oireachtas.ie/viewdoc.asp?DocID=8981
title=Twenty-eighth Amendment of the Constitution Bill 2008
work=Oireachtas
date=2008-03-06
accessdate=2008-03-06] 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; the text of the referendum was also approved on 29 April. [cite news|url=http://debates.oireachtas.ie/DDebate.aspx?F=DAL20080429.xml&Node=H13&Page=12
title=Statement for Information of Voters: Motion.|work=Oireachtas|accessdate=2008-05-22]

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.

Proposed changes to the text

* Deletion of entirety 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 entirety 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.

Referendum campaign

Participants

"See also: Irish Times articles on the [http://www.ireland.com/focus/thelisbontreaty/mainplayers/no.html "No"] and [http://www.ireland.com/focus/thelisbontreaty/mainplayers/yes.html "Yes"] factions, and the [http://www.ireland.com/focus/thelisbontreaty/mainplayers/refcom.html Referendum Commission] "

By constituency

giving percentage vote "Yes".
All figures rounded to nearest digit.
legend|#6633AA|Under 35% Yes]

French Europe Minister Jean-Pierre Jouyet blamed "American neoconservatives" for the Irish voter's rejection of the treaty. [citeweb|url=http://www.economist.com/blogs/certainideasofeurope/2008/06/frances_minister_sees_a_neocon.cfm|title=France's minister sees a neocon plot|accessdate=2008-07-06|publisher=The Economist]

Consequences of rejection

The consequences of the rejection remain unclear. The renegotiation of the Treaty by all 26 other EU states is possible, but highly unlikely given the past complexities and the difficulty in opening-up issues once again. It is more likely Ireland will be offered the possibility of another referendum, with clarification of the key issues that concerned the Irish electorate. A further rejection by the Irish electorate could result in Ireland becoming a "semi-detached" member of the EU. A knock-on effect of the Irish referendum is that anti-EU sentiment in the UK has been strengthened by the result, which may have serious consequences for the UK's relationship with the EU, particularly if the Conservative Party achieves power in the next UK election.

References

External links

Official websites
* [http://www.oireachtas.ie/viewdoc.asp?DocID=8981 Twenty-eighth Amendment of the Constitution Bill 2008] – Oireachtas site, showing the stages of the bill's passage.
* [http://www.lisbontreaty2008.ie/index.html The Lisbon Treaty] – Referendum Commission
* [http://www.dfa.ie/home/index.aspx?id=34239 Reform Treaty – An explanatory guide] – Government of Ireland
* [http://www.reformtreaty.ie Reform Treaty] – Department of Foreign Affairs
* [http://europa.eu/lisbon_treaty/index_en.htm Official Treaty website] – Europa:* [http://www.consilium.europa.eu/uedocs/cmsUpload/cg00014.en07.pdf Treaty of Lisbon text]
* [http://www.forumoneurope.ie/index.asp?locID=442&docID=-1 Treaty of Lisbon (EU Reform Treaty)] – National Forum on Europe

Unofficial consolidated treaties
* [http://www.iiea.com/publicationx.php?publication_id=33 Treaty of Lisbon 2007: Consolidated Treaties] – Institute of European Affairs

Media overviews
* [http://www.rte.ie/news/features/lisbontreaty/index.html Lisbon Treaty] – RTÉ
* [http://www.ireland.com/focus/thelisbontreaty/ The Lisbon Treaty] – The Irish Times
* [http://www.thehist.com/index.php?option=com_content&task=view&id=714&Itemid=680 Photos] & [http://www.thehist.com/index.php?option=com_docman&task=cat_view&gid=147&Itemid=681 Recordings] of the College Historical Society debate on the the Irish ratification of the Lisbon Treaty, featuring Garret FitzGerald, Joe Higgins, Declan Ganley and Maurice Hayes.

Political party campaigns
* [http://www.fiannafail.ie/reform_treaty.phpx Vote 4 Europe] – Fianna Fáil
* [http://www.heart-of-europe.ie Heart of Europe] – Fine Gael
* [http://www.greenparty.ie/en/policies/eu_reform_treaty EU Reform Treaty] – Green Party
* [http://www.labour.ie/lisbonreformtreaty/ YES to the Lisbon Reform Treaty...for a better Europe] – Labour Party
* [http://www.no2lisbon.ie No 2 Lisbon Treaty Website] – Sinn Féin
* [http://www.eirigi.org/campaigns/no_to_Lisbon.html No to Lisbon] – éirígí
* [http://workerspartyireland.net/lisbon.html Lisbon – A Treaty Too Far] – Worker's Party

Groups
* [http://www.yestolisbon.ie Yes to Lisbon] – Irish Alliance for Europe
* [http://www.libertas.org/content/view/191/110 No to Lisbon campaign] – Libertas
* [http://www.voteno.ie VoteNo.ie]
* [http://www.caeuc.org/ Campaign Against the EU Constitution]
* [http://www.lisbonvote.com Cóir – Lisbon Treaty No Campaign]
* [http://www.no2lisbon.wordpress.com Vote No to Lisbon Treaty – People Before Profit Alliance]
* [http://www.wsm.ie/voteno Vote No – Workers Solidarity Movement]

Articles
* [http://www.bertelsmann-stiftung.de/bst/de/media/xcms_bst_dms_24416_24417_2.pdf Green Light from the Emerald Isle? Ten Questions and Answers about Ireland] spotlight europe, Bertelsmann Stiftung, 15 May 2008