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28th Amendment of the Constitution Bill 2008 Rejected by Irish Voters

The Twenty-eighth Amendment of the Constitution Bill 2008, a proposed amendment to the Constitution of Ireland, is rejected by voters on June 12, 2008, by a margin of 53.4% to 46.6%, with a turnout of 53.1%. The purpose of the proposed amendment is to allow the state to ratify the Treaty of Lisbon of the European Union.

The treaty had been intended to enter into force on January 1, 2009, but has to be delayed following the Irish rejection. However, the Lisbon treaty is approved by Irish voters when the Twenty-eighth Amendment of the Constitution of Ireland is approved in the second Lisbon referendum, held in October 2009.

The Treaty of Lisbon is signed by the member states of the European Union on December 13, 2007. It is in large part a revision of the text of the Treaty establishing a Constitution for Europe (TCE) after its rejection in referendums in France in May 2005 and in the Netherlands in June 2005. The Treaty of Lisbon 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.

Because of the decision of the Supreme Court of Ireland in Crotty v. An Taoiseach (1987), an amendment to the Constitution is required before it can be ratified by Ireland. Ireland is the only one of the then fifteen EU member states to put the Treaty to the people in a referendum. Ratification of the Treaty in all other member states is decided upon by national parliaments alone.

On February 26, 2008, the Government of Ireland approves the text of the changes to the constitution. The Twenty-eighth Amendment of the Constitution Bill is proposed in Dáil Éireann by Minister for Foreign Affairs Dermot Ahern on April 2, 2008. It passes final stages in the Dáil on April 29, with Sinn Féin TDs and Independent TD Tony Gregory rising against, but with insufficient numbers to call a vote. It passes final stages in the Seanad on May 7.

A Referendum Commission is established by Minister for the Environment, Heritage and Local Government John Gormley. It is chaired by former High Court judge Iarfhlaith O’Neill. Its role is to prepare one or more statements containing a general explanation of the subject matter of the proposal and of the text of the proposal in the amendment bill.

The government parties of Fianna Fáil and the Progressive Democrats are in favour of the treaty, but the other government party, the Green Party, is divided on the issue. At a special convention on January 19, 2008, the leadership of the Green Party fails to secure a two-thirds majority required to make support for the referendum official party policy. As a result, the Green Party itself does not participate in the referendum debate, although individual members are free to be involved in whatever side they chose. All Green Party members of the Oireachtas support the Treaty. The main opposition parties of Fine Gael and the Labour Party are also in favour. Only one party represented in the Oireachtas, Sinn Féin, is opposed to the treaty, while minor parties opposed to it include the Socialist Party, the Workers’ Party and the Socialist Workers Party. Independent TD’s Tony Gregory and Finian McGrath, Independent MEP Kathy Sinnott, and Independent members of the Seanad from the universities David Norris, Shane Ross and Rónán Mullen advocate a “No” vote as well.

The Government sends bilingual booklets written in English and Irish, explaining the Treaty, to all 2.5 million Irish households. However, compendiums of the two previous treaties, of which the Lisbon Treaty is intended to be a series of reforms and amendments, remain unavailable in Ireland. Some commentators argue that the treaty remains essentially incomprehensible in the absence of such a compendium.

On March 12, 2008, the Libertas Institute, a lobby group started by businessman Declan Ganley, launches a campaign called Facts, not politics which advocates a “No” vote in the referendum. A month later, the German Chancellor, Angela Merkel, appeals to Irish people to vote “Yes” in the referendum while on a visit to Ireland. The anti-Lisbon Treaty campaign group accuses the government and Fine Gael of a U-turn on their previous policy of discouraging foreign leaders from visiting Ireland during the referendum campaign. The European Commissioner for Internal Market Charlie McCreevy admits he had not read the Treaty from cover to cover and says, “he would not expect any sane person to do so.”

At the start of May, the Irish Alliance for Europe launches its campaign for a “Yes” vote in the referendum this consists of trade unionists, business people, academics and politicians. Its members include Garret FitzGerald, Ruairi Quinn, Pat Cox and Michael O’Kennedy. The Taoiseach Brian Cowen states that should any member of the Fianna Fáil parliamentary party campaign against the treaty, they will likely be expelled from the party.

On May 21, 2008, the executive council of the Irish Congress of Trade Unions votes to support a “Yes” vote in the referendum. Rank and file members of the individual unions are not balloted, and the Technical, Engineering and Electrical Union (TEEU) advises its 45,000 members to vote “No.” The Irish bishops conference states the Catholic Church‘s declaration that the treaty will not weaken Ireland’s constitutional ban on abortion, however the conference does not advocate either a “Yes” or “No” vote. By the start of June, Fianna Fáil, Fine Gael and the Labour Party have united in their push for a “Yes” vote despite earlier divisions. The two largest farming organisations, the Irish Creamery Milk Suppliers Association (ICMSA) and the Irish Farmers’ Association call for a “Yes” vote, the latter giving its support after assurances from Taoiseach Brian Cowen that Ireland will use its veto in Europe if a deal on World Trade reform is unacceptable.

There were 3,051,278 voters on the electoral register. The vast majority of voting takes place on Thursday, June 12, between 7:00 a.m. and 10:00 p.m. Counting begins at 9:00 a.m. the following morning. Several groups vote before the standard polling day, with some casting postal votes before June 9. These include members of the Irish Defence Forces serving in United Nations peacekeeping missions, Irish diplomats and their spouses abroad, members of the Garda Síochána, those unable to vote in person due to physical illness or disability, those who are unable to vote in person due to their employment (including students) and prisoners.

On June 9, several islands off the coast of County Donegal vote: Tory Island, Inishfree, Gola, Inishbofin and Arranmore. These islands are all part of the Donegal South-West constituency. Around 37% of the 745 eligible votes. Two days later, several islands off the coast of counties Galway and Mayo vote: the Aran Islands (Inis Mór, Inis Meáin and Inis Oírr) and Inishboffin form part of Galway West constituency, while Inishturk, Inishbiggle and Clare Island form part of the Mayo constituency. The Galway islands have 1,169 eligible voters, while the Mayo islands have 197.

Votes are counted separately in each Dáil constituency. The overall verdict is formally announced by the Referendum Returning officer in Dublin Castle by accumulating the constituency totals.

(Pictured: Campaign posters in St. Stephen’s Green, Dublin)


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Enactment of the Parliament (Qualification of Women) Act 1918

parliament-qualifications-of-women-act-1918

The Parliament (Qualification of Women) Act 1918, an Act of the Parliament of the United Kingdom, is given royal assent on November 21, 1918. It gives women over the age of 21 the right to stand for election as a Member of Parliament (MP). At 27 words, it is the shortest UK statute.

The Representation of the People Act 1918, passed on February 6, 1918, extends the franchise in parliamentary elections, also known as the right to vote, to women aged 30 and over who reside in the constituency or occupied land or premises with a rateable value above £5, or whose husbands do.

In March 1918, the Liberal Party MP for Keighley dies, causing a by-election on April 26. There is doubt as to whether women are eligible to stand for parliament. Nina Boyle makes known her intention to stand as a candidate for the Women’s Freedom League at Keighley and, if refused, to take the matter to the courts for a definitive ruling. After some consideration, the returning officer states that he is prepared to accept her nomination, thus establishing a precedent for women candidates. However, he rules her nomination papers invalid on other grounds: one of the signatories to her nomination is not on the electoral roll and another lives outside the constituency. The Lords of Appeal in Ordinary are asked to consider the matter and conclude that the Great Reform Act 1832 had specifically banned women from standing as parliamentary candidates and the Representation of the People Act had not changed that.

Parliament hurriedly passes the Parliament (Qualification of Women) Act in time to enable women to stand in the general election of December 1918. The act consists of only 27 operative words: “A woman shall not be disqualified by sex or marriage for being elected to or sitting or voting as a Member of the Commons House of Parliament.”

In the December 14, 1918, election to the House of Commons, seventeen women candidates stand, among them well-known suffragette Christabel Pankhurst, representing the Women’s Party in Smethwick. The only woman elected is the Sinn Féin candidate for Dublin St. Patrick’s, Constance Markievicz. However, in line with Sinn Féin abstentionist policy, she does not take her seat.

The first woman to take her seat in the House of Commons is Nancy Astor on December 1, 1919. She is elected as a Coalition Conservative MP for Plymouth Sutton on November 28, 1919, taking the seat her husband had vacated.

As Members of Parliament, women also gain the right to become government ministers. The first woman to become a cabinet minister and Privy Council member is Margaret Bondfield who is Minister of Labour in the second MacDonald ministry (1929–1931).


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Ireland Approves Same-Sex Marriage by Popular Vote

Ireland becomes the first nation in the world to approve same-sex marriage by a popular vote on May 23, 2015, sweeping aside the opposition of the Roman Catholic Church in a resounding victory for the gay rights movement and placing the country at the vanguard of social change.

With the final ballots counted, the vote is 62.1% in favor of legalizing same-sex marriage, and 37.9% opposed. The turnout is large with more than 60% of the 3.2 million eligible voters casting ballots. Only one of the 43 districts, Roscommon-South Leitrim, votes the measure down.

With early vote counts suggesting a comfortable victory, crowds begin to fill the courtyard of Dublin Castle, a government complex that was once the center of British rule. By late morning, the leader of the opposition, David Quinn, director of the Iona Institute, concedes the outcome on Twitter: “Congratulations to the Yes side. Well done.”

Cheers break out among the crowd of supporters in the courtyard of Dublin Castle when Returning Officer Riona Ni Fhlanghaile announces in the evening that the ballot has passed.

In recent history a vote such as this would have been unthinkable. Ireland decriminalizes homosexuality only in 1993, the church dominates the education system, and abortion remains illegal except when a mother’s life is at risk. But the influence of the church has waned amid scandals in recent years, while attitudes, particularly among the young, have shifted.

“Today Ireland made history,” Taoiseach Enda Kenny says at a news conference, adding that “in the privacy of the ballot box, the people made a public statement.” He also adds, “This decision makes every citizen equal, and I believe it will strengthen the institution of marriage.”

Alex White, the government’s Minister for Communications, Climate Action and Environment, says, “This didn’t change Ireland — it confirmed the change. We can no longer be regarded as the authoritarian state we once might have been perceived to be. This marks the true separation of church and state.”

Gerry Adams, president of Sinn Féin, says, “There are two Irelands, the elite Ireland and the hidden Ireland. And today the hidden Ireland spoke.”

Nick O’Connell, who is from a rural area in County Kilkenny, cradles a celebratory drink in a Dublin pub. He says he had been too afraid to come out as gay until his mid-20s. “Today I’m thinking of all those young people over the years who were bullied and committed suicide because of their sexuality. This vote was for them, too.” He adds, “This is different from other countries because it was the people who gave it to us, not a legislature.”