Eighteenth Amendment of the Constitution of Ireland
   HOME

TheInfoList



OR:

The Eighteenth Amendment of the Constitution Act 1998 (previously
bill Bill(s) may refer to: Common meanings * Banknote, paper cash (especially in the United States) * Bill (law), a proposed law put before a legislature * Invoice, commercial document issued by a seller to a buyer * Bill, a bird or animal's beak Pla ...
no. 1 of 1998) is an
amendment An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change for better. Amendments can add, remove, or update parts of these agreements. The ...
of the
Constitution of Ireland The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the fundamental law of Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democracy, is broadly within the traditi ...
which permitted the state to ratify the
Treaty of Amsterdam The Treaty of Amsterdam, officially the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts, was signed on 2 October 1997, and entered into force on 1 May 1999; i ...
. It was approved by
referendum A referendum (plural: referendums or less commonly referenda) is a Direct democracy, direct vote by the Constituency, electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a Representative democr ...
on 22 May 1998 and signed into law on the 3 June of the same year. The referendum was held on the same day as the referendum on Nineteenth Amendment, which related to approval of the
Good Friday Agreement The Good Friday Agreement (GFA), or Belfast Agreement ( ga, Comhaontú Aoine an Chéasta or ; Ulster-Scots: or ), is a pair of agreements signed on 10 April 1998 that ended most of the violence of The Troubles, a political conflict in No ...
.


Background

The Amsterdam Treaty was signed on 2 October 1997 by the member states of the European Union, amending provisions of the
Maastricht Treaty The Treaty on European Union, commonly known as the Maastricht Treaty, is the foundation treaty of the European Union (EU). Concluded in 1992 between the then-twelve member states of the European Communities, it announced "a new stage in the ...
(which had been approved by the Eleventh Amendment in 1992) and the
Rome Treaty The Treaty of Rome, or EEC Treaty (officially the Treaty establishing the European Economic Community), brought about the creation of the European Economic Community (EEC), the best known of the European Communities (EC). The treaty was signe ...
(which had been approved by the Third Amendment in 1972). Following the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
decision of ''
Crotty v. An Taoiseach ''Crotty v. An Taoiseach''987IESC 4, 987IR 713, 987ILRM 400, 9872 CMLR 666, (1987) 93 ILR 480. was a landmark 1987 decision of the Irish Supreme Court which found that Ireland could not ratify the Single European Act unless the Irish Constitut ...
'' (1987), a constitutional amendment was required before the state could ratify the Treaty. The Treaty of Amsterdam contained a number of optional protocols that member-states could activate at a later time after its adoption. The Eighteenth Amendment permitted the Republic to choose to exercise these options, provided it had the support of the
Oireachtas The Oireachtas (, ), sometimes referred to as Oireachtas Éireann, is the bicameral parliament of Ireland. The Oireachtas consists of: *The President of Ireland *The two houses of the Oireachtas ( ga, Tithe an Oireachtais): ** Dáil Éireann ...
(parliament).


Changes to the text

The following subsections were inserted after Article 29.4.4º: The existing subsections 5º and 6º of Article 29.4 were renumbered as subsections 7º and 8º respectively.


Oireachtas debates

The Eighteenth Amendment was proposed by
Minister for Foreign Affairs A foreign affairs minister or minister of foreign affairs (less commonly minister for foreign affairs) is generally a cabinet minister in charge of a state's foreign policy and relations. The formal title of the top official varies between cou ...
David Andrews on behalf of the
Fianna Fáil Fianna Fáil (, ; meaning 'Soldiers of Destiny' or 'Warriors of Fál'), officially Fianna Fáil – The Republican Party ( ga, audio=ga-Fianna Fáil.ogg, Fianna Fáil – An Páirtí Poblachtánach), is a conservative and Christia ...
Progressive Democrats The Progressive Democrats ( ga, An Páirtí Daonlathach, literally "The Democratic Party" ), commonly referred to as the PDs, was a conservative-liberal political party in the Republic of Ireland. Launched on 21 December 1985 by Desmond O'Ma ...
coalition government led by
Taoiseach The Taoiseach is the head of government, or prime minister, of Ireland. The office is appointed by the president of Ireland upon the nomination of Dáil Éireann (the lower house of the Oireachtas, Ireland's national legislature) and the of ...
Bertie Ahern Bartholomew Patrick "Bertie" Ahern (born 12 September 1951) is an Irish former Fianna Fáil politician who served as Taoiseach from 1997 to 2008, Leader of Fianna Fáil from 1994 to 2008, Leader of the Opposition from 1994 to 1997, Tánaiste a ...
. It was also supported by
Fine Gael Fine Gael (, ; English: "Family (or Tribe) of the Irish") is a liberal-conservative and Christian-democratic political party in Ireland. Fine Gael is currently the third-largest party in the Republic of Ireland in terms of members of Dáil É ...
, the Labour Party and Democratic Left, while it was opposed by the
Green Party A green party is a formally organized political party based on the principles of green politics, such as social justice, environmentalism and nonviolence. Greens believe that these issues are inherently related to one another as a foundation f ...
,
Sinn Féin Sinn Féin ( , ; en, " eOurselves") is an Irish republican and democratic socialist political party active throughout both the Republic of Ireland and Northern Ireland. The original Sinn Féin organisation was founded in 1905 by Arthur Gr ...
and the
Socialist Party Socialist Party is the name of many different political parties around the world. All of these parties claim to uphold some form of socialism, though they may have very different interpretations of what "socialism" means. Statistically, most of ...
. It passed final stages in the Dáil on 26 March 1998. It passed final stages in the Seanad on and proceeded to a referendum on 22 May 1998.


Campaign

A
Referendum Commission A Referendum Commission ( ga, An Coimisiún Reifrinn) is an independent statutory body in Ireland which is set up in advance of any referendum. The Referendum Act 1998 as amended by the Referendum Act 2001 provides for the establishment of the bod ...
was established by Minister for the Environment and Local Government Noel Dempsey. This was the first referendum at which a Referendum Commission was established. It was chaired by former Chief Justice Thomas Finlay. At the time, its role included setting out the arguments for and against the proposal.


Result


Aftermath

The European Communities (Amendment) Act 1998 amended the European Communities Act 1972 to provide a statutory basis for decisions under the Amsterdam Treaty. The Treaty took effect across the European Union on 1 May 1999.


References


External links


Eighteenth Amendment of the Constitution Act 1998European Communities (Amendment) Act 1998
{{Amendments of the Constitution of Ireland 1998 in international relations 1998 in Irish law 1998 in Irish politics 1998 referendums 18 Ireland Amendments of the Constitution Ireland and the European Union 18 Ireland, 18 May 1998 events in Europe Amendment, 18