List of failed amendments to the Constitution of Ireland

The Constitution of Ireland has been amended 28 times since its adoption in 1937. Numerous other amendment bills were introduced in the Oireachtas but never enacted.^[1][2] Some were government bills passed by the Dáil and Seanad but rejected at referendum; some were bills which the government introduced but later decided not to proceed with; the rest were private member's bills, usually introduced by opposition TDs. As is usual with private member's bills, none of the last group got past a second reading.

  Denotes amendment defeated by referendum

Title[n 1]	References
03.1941 Third	1941	private member's	Fine Gael	23 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]
03.1958 Third	1958	Government	Fianna Fáil	61.19590617 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]
03.1968 Third	1968	Government	Fianna Fáil	61.19681016.1 Referendum (defeated on 16 October 1968)	Elections to the Dáil: Specified a degree of malapportionment in favour of rural constituencies over urban constituencies.	[5]
04.1968 Fourth	1968	Government	Fianna Fáil	61.19681016.2 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.	[6]
04.1972 Fourth[n 2]	1972	private member's	Labour	13 First stage (defeated)	Elections: Lower voting age from 21 to 18. Accomplished by the government-sponsored Fourth Amendment of the Constitution Act, 1972.	[8]
06 Sixth	1978	private member's	Labour	23 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.[9]	[10]
08.1980 Eighth	1980	private member's	Socialist Labour Party	13 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]
08.1982 Eighth (Divorce)	1982	private member's	Workers' Party	11 First stage (lapsed)	Divorce: Relax ban. This was eventually lifted by the 15th amendment in 1996.	[12]
08.1983 Eighth (Divorce)	1983	private member's	Workers' Party	13 First stage (defeated)	Divorce: Relax ban. This was eventually lifted by the 15th amendment in 1996.	[13]
10.1984 Tenth (Divorce)	1984	private member's	Workers' Party	13 First stage (defeated)	Divorce: Relax ban. This was eventually lifted by the 15th amendment in 1996.	[14]
10.1985 Tenth	1985	private member's	Fine Gael (Michael O'Leary)	13 First stage (defeated)	Divorce: Relax ban. O'Leary was a government backbencher. His move prompted the government to introduce its own bill.	[15][16]
10.1985 Tenth (No. 2)	1985	private member's	Labour	23 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.	[17]
10 Tenth	1986	Government	Fine Gael–Labour	61.19860626 Referendum (defeated on 26 June 1986)	Divorce: Relax ban. This was eventually lifted by the 15th amendment in 1996.	[18]
11 Eleventh	1990	private member's	Workers' Party	23 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.	[19]
11 Eleventh (No. 2)[n 3]	1991	private member's	Workers' Party	21 Second stage (lapsed)		[20]
11 Eleventh (No. 2)[n 3]	1991	private member's	Fine Gael	21 Second stage (lapsed)	Elections: enable Irish emigrants to elect three members of the Seanad.	[21]
11 Eleventh (No. 3)	1991	private member's	Fine Gael	23 Second stage (defeated)	Rights of women; replace the reference in Article 40.1 to women's "life within the home" with a statement of equal rights.	[22]
11 Eleventh (No. 4)	1991	private member's	Fine Gael	21 Second stage (lapsed)	Bail laws	[23]
12 Twelfth	1992	Government	Fianna Fáil–Progressive Democrats	61.19921125 Referendum (defeated on 25 November 1992)	Abortion: Partially reverse the Attorney General v. X decision by removing risk of suicide as grounds for an abortion.	[24]
15 Fifteenth	1995	private member's	Fianna Fáil	23 Second stage (defeated)	Restrict right to bail. Accomplished by the government-sponsored Sixteenth Amendment in 1996.	[25]
17 Seventeenth	1997	private member's	Progressive Democrats	21 Second stage (lapsed)	Election of President: Allow nominating petitions	[26]
18 Eighteenth	1997	private member's	Fine Gael	21 Second stage (lapsed)	Election of President: Allow nominating petitions by 20,000 voters	[27]
20 Twentieth	1999	private member's	Democratic Left	21 Second stage (lapsed)	Lower the age of eligibility for TDs from 21 to 18.	[28]
21.1999.1 Twenty-first	1999	private member's	Greens	21 Second stage (lapsed)	Neutrality: Requiring a referendum before the state could join to join a military alliance	[29]
21.1999.2 Twenty-first (No. 2)	1999	private member's	Greens	21 Second stage (lapsed)	Allowing constitutional amendments by initiative	[30]
21.1999.3 Twenty-first (No. 3)	1999	private member's	Labour	23 Second stage (defeated)	Rights: Guarantee economic, social and cultural rights	[31]
21.1999.4 Twenty-first (No. 4)	1999	private member's	Labour	21 Second stage (lapsed)	Rights: Prohibits "unfair discrimination" and permits positive discrimination.	[32]
21.1999.5 Twenty-first (No. 5)	1999	private member's	Labour	21 Second stage (lapsed)	Rights of children, in particular the UN Convention on the Rights of the Child	[33]
22 Twenty-second	2001	Government	Fianna Fáil–Progressive Democrats	31 Committee stage (lapsed)	Judges: process for impeachment	[34]
24.2001 Twenty-fourth	2001	Government	Fianna Fáil–Progressive Democrats	61.20010607 Referendum (defeated on 7 June 2001.)	European Union: Ratify the Treaty of Nice. The Twenty-sixth Amendment in 2002 passed referendum and accomplished this.	[35]
24.2002 Twenty-fourth	2002	private member's	Labour	12 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.	[36]
25.2001 Twenty-fifth	2001	private member's	Sinn Féin	21 Second stage (lapsed)	Neutrality: forbid the state from joining any military alliance	[37]
25.2002 Twenty-fifth (Protection of Human Life in Pregnancy)	2001	Government	Fianna Fáil–Progressive Democrats	61.20020306 Referendum (defeated on 6 March 2002)	Abortion: Partially reverse the Attorney General v. X decision by removing risk of suicide as grounds for an abortion, and specify the legal grounds for abortion.	[38]
27.2003.1 Twenty-seventh	2003	private member's	Sinn Féin	23 Second stage (defeated)	Neutrality: affirms neutrality, forbids the state from joining any military alliance; war may only be declared by the Dáil.	[39]
27.2003.2 Twenty-seventh (No. 2)	2003	private member's	Sinn Féin	23 Second stage (defeated)	Rights: Guarantee the right to housing	[40]
28.2005 Twenty-eighth	2005	Government	Fianna Fáil–Progressive Democrats	21 Second stage (lapsed)	European Union: Ratify the proposed Treaty establishing a Constitution for Europe. The amendment was lapsed when the Treaty was abandoned after it was rejected by France and the Netherlands at referendums.	[41]
28.2006.1 Twenty-eighth	2006	private member's	Labour	21 Second stage (lapsed)	Preserve cultural heritage and commit to sustainable development	[42]
28.2006.2 Twenty-eighth (No. 2)	2006	private member's	Greens	21 Second stage (lapsed)	Elections: Votes for emigrants in all election.	[43]
28.2006.3 Twenty eighth (No. 3)	2006	private member's	Greens	21 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	[44]
28.2007 Twenty-eighth	2007	Government	Fianna Fáil–Progressive Democrats	21 Second stage (lapsed)	Rights of children, insertion of a new article. The 2012 31st amendment covers similar ground.	[45]
28.2008 Twenty-eighth	2008	Government	Fianna Fáil–Greens–Progressive Democrats	61.20080612 Referendum (defeated on 12 June 2008)	European Union: Ratify the Treaty of Lisbon. The Twenty-eighth Amendment of the Constitution Bill, 2009 passed referendum and accomplished this.	[46]
29.2008 Twenty-ninth	2008	private member's	Sinn Féin	21 Second stage (lapsed)	Rights relating to trade unions	[47]
29.2009 Twenty-ninth	2009	private member's	Fine Gael	21 Second stage (lapsed)	Judges: Ease the restriction on reducing judges' pay. The Twenty-Ninth Amendment of 2011 effected this.	[48]
29.2011.1 Twenty-ninth	2011	private member's	Greens	21 Second stage (lapsed)	Defines "economic treason".	[49]
29.2011.2 Twenty-ninth (No.2)	2011	private member's	Fianna Fáil	22 Second stage (defeated)	Allow only individual voters to make political donations.	[50]
30.2011 Thirtieth (Houses of the Oireachtas Inquiries)	2011	Government	Fine Gael–Labour	61.20111027 Referendum (defeated on 27 October 2011)	Oireachtas: overturn the 2002 John Carthy verdict limiting the power of Oireachtas inquiries.	[51][52][53]
31.2011 Thirty-first (The President)	2011	private member's	Technical group (Catherine Murphy)	23 Second stage (defeated)	Presidency: ease ballot access by reducing the qualifying number of Oireachtas members and allowing nominating petitions; remove illogical reference to "proportional representation"; reduce the term from seven to five years	[54][55]
32.2013 Thirty-second (Abolition of Seanad Éireann)	2013	Government	Fine Gael–Labour	61.20131004 Referendum (defeated on 4 October 2013)	Oireachtas: Abolish Seanad Éireann, the upper house of the Irish parliament.	[56][57]
34.2013.1 Thirty-fourth (Judicial Appointments)	2013	private member's	Technical group (Shane Ross)	23 Second stage (defeated)	Judges: establish a non-political body to nominate judges, subject to Oireachtas ratification	[58][59]
34.2013.2 Thirty-fourth (Neutrality)	2013	private member's	Sinn Féin	23 Second stage (defeated)	Neutrality: declaration of neutrality and forbidding the state from joining any military alliance	[60][61]
34.2014.1 Thirty-fourth (No. 3)	2014	private member's	Sinn Féin	23 Second stage (defeated)	Rights: Guarantee right to water, and mandating that Irish water supply remain in public ownership	[62][63]
34.2014.2 Thirty-fourth (Right to Personal Autonomy and Bodily Integrity)	2014	private member's	Technical group (Clare Daly)	23 Second stage (defeated)	Abortion: repeal the "Pro Life" Amendment, and guarantee rights to personal autonomy and bodily integrity	[64][65][66]
34.2014.3 Thirty-fourth (Members of the Houses of the Oireachtas)	2014	private member's	Technical group (Peter Mathews)	23 Second stage (defeated)	Oireachtas: loosen the party whip system	[67][68]
34.2014.4 Thirty-fourth (Peace and Neutrality)	2014	private member's	Technical group (Mick Wallace)	23 Second stage (defeated)	Neutrality: Adhere to Section V of the Hague Convention of 1907	[69][70]
34.2014.5 Thirty-fourth	2014	private member's	Technical group (Socialist Party)	23 Second stage (defeated)	Abortion: repeal the Eighth Amendment	[71][72]
34.2014.6 Thirty-fourth (Economic, Social and Cultural Rights)	2014	private member's	Technical group (Thomas Pringle)	23 Second stage (defeated)	Rights: Guarantee economic, social and cultural rights	[73][74]
35.2015 Thirty-fifth (Age of Eligibility for Election to the Office of President)	2015	Government	Fine Gael–Labour	61.20150522 Referendum (defeated on 22 May 2015)	Presidency: reduce age of candidacy from 35 to 21	[75][76][77]

1. 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".
2. Introduced as the Third Amendment of the Constitution Bill 1968, the government renumbered it the Fourth Amendment when introducing its own its own Third Amendment bill^[7]
3. The Dáil record lists two bills named Eleventh Amendment of the Constitution (No. 2) Bill, 1991.

Missing numbers

A new bill to amend the constitution is usually named with the ordinal number next after that of the last amendment passed. Multiple pending bills will often use the same number, and be distinguished by year of introduction and/or a parenthetical number or description. However, if the government introduces multiple bills, these are numbered consecutively. There are several gaps in the numbering of passed amendments, corresponding to government bills which did not pass:

Twelfth

amendments 12, 13, and 14, all relating to abortion, were put to referendums on the same day. The 12th was rejected while the 13th and 14th passed.

Twenty-second

amendments 21, 22, 23, and 24 were introduced in the Dáil on the same day, with a view to being passed quickly through the Oireachtas. Three proved uncontroversial, but the 22nd was delayed after complaints from opposition parties. By the time the government decided not to proceed with the 22nd bill, the 23rd had passed at referendum.

Twenty-fourth and Twenty-fifth

after the 24th bill was rejected at referendum in 2001, the government elected not to re-use the number when introducing the 25th bill later that year. Similarly, after the 25th was rejected in 2002, the government's next amendment bill was numbered 26 rather than 25 or 24. By contrast, when the 28th amendment bill of 2008 was rejected at referendum, the government chose to re-use the number 28 for the amendment bill passed the following year.

Thirty-second

the 32nd and 33rd bills were put to referendum on 4 October 2013; the 32nd was rejected while the 33rd was approved.

References

• "Referendum results, 1937–2013" (PDF). Department of the Environment, Community and Local Government. November 2013. Retrieved 18 December 2014.

Notes

1. Bills Initiated in Dáil Éireann and Seanad Éireann (1997 -2002): T Oireachtas
2. Bills Initiated in Dáil Éireann and Seanad Éireann (2003 – —): T Oireachtas
3. Dáil debates Vol.83 No.14 p.13
4. Referendum results, 1937–2011, pp.16–17
5. Referendum results, 1937–2011, pp.18–19
6. Referendum results, 1937–2011, pp.20–21
7. Dáil debates Vol.257 No.1 p.25
8. Dáil debates Vol.259 No.2 p.46
9. Status of Children Act, 1987 Irish Statute Book
10. Dáil debates Vol.308 No.6 p.28 No.7 p.58
11. Dáil debates Vol.321 No.9 p.33
12. Dáil debates Vol.338 No.3 p.26
13. Dáil debates Vol.340 No.1 p.29
14. Dáil debates Vol.350 No.4 p.15
15. Dáil debates Vol.361 No.5 p.19
16. "Former Tánaiste Michael O'Leary dies in France". RTÉ.ie. 12 June 2006. Retrieved 23 October 2011.
17. Dáil debates Vol.363 No.13 p.28, No.14 p.22; Vol.364 No.1 p.23, No.2 p.16
18. Referendum results, 1937–2011, pp.36–37
19. Dáil debates Vol.403 No.4 p.23, p.28; No.9 p.22
20. Dáil debates Vol.405 No.5 p.4
21. Dáil debates Vol.405 No.6 p.18
22. Dáil debates Vol.407 No.3 p.28, No.4 p.26, No.6 p.21, No.7 p.19
23. Dáil debates Vol.409 No.9 p.21
24. Referendum results, 1937–2011, pp.42–43
25. Dáil debates Vol.454 No.2 p.4; Vol.456 No.1 p.18, No.2 p.9, No.3 p.17, No.4 p.19
26. Seventeenth Amendment of the Constitution Bill, 1997 (PMB) Oireachtas
27. Eighteenth Amendment of the Constitution Bill, 1997 (PMB) Oireachtas
28. Twentieth Amendment of the Constitution Bill, 1999 (PMB) Oireachtas
29. Twenty-First Amendment of the Constitution Bill, 1999 (PMB) Oireachtas
30. Twenty-First Amendment of the Constitution (No. 2) Bill, 1999 (PMB) Oireachtas
31. Twenty-First Amendment of the Constitution (No. 3) Bill, 1999 (PMB) Oireachtas
32. Twenty-First Amendment of the Constitution (No. 4) Bill, 1999 (PMB) Oireachtas
33. Twenty-First Amendment of the Constitution (No. 5) Bill, 1999 (PMB) Oireachtas
34. Twenty-second Amendment of the Constitution Bill, 2001 Oireachtas
35. Referendum results, 1937–2011, pp.64–65
36. Twenty-fourth Amendment of the Constitution Bill, 2002 (PMB) Oireachtas
37. Twenty-fifth Amendment of the Constitution Bill, 2001 (PMB) Oireachtas
38. Referendum results, 1937–2011, pp.66–67
39. Twenty-seventh Amendment of the Constitution Bill 2003 (PMB) Oireachtas
40. Twenty-seventh Amendment of the Constitution (No. 2) Bill 2003 (PMB) Oireachtas
41. Twenty-eight Amendment of Constitution Bill 2005 Oireachtas
42. Twenty-eighth Amendment of the Constitution Bill 2006 (PMB) Oireachtas
43. Twenty-eighth Amendment of the Constitution (No. 2) Bill 2006 (PMB) Oireachtas
44. Twenty Eighth Amendment of the Constitution (No. 3) Bill 2006 (PMB) Oireachtas
45. Twenty-eighth Amendment of the Constitution Bill 2007 Oireachtas
46. Referendum results, 1937–2011, pp.72–73
47. Twenty-Ninth Amendment of the Constitution Bill 2008 (PMB) Oireachtas
48. Twenty-ninth Amendment of the Constitution Bill 2009 (PMB) Oireachtas
49. Twenty-Ninth Amendment of the Constitution Bill 2011 (PMB) Oireachtas
50. Twenty-Ninth Amendment of the Constitution (No. 2) Bill 2011 Oireachtas
51. Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011
52. Carroll, Steven (29 October 2011). "Inquiries referendum defeated". The Irish Times. Retrieved 29 October 2011.
53. Referendum results, 1937–2011, pp.78–79
54. Thirty-First Amendment of the Constitution (The President) Bill 2011 Oireachtas
55. Dáil debates Vol.748 No.7 p.5
56. "Thirty-second Amendment of the Constitution (Abolition of Seanad Éireann) Bill 2013". Bills 1992–2013. Oireachtas. Retrieved 6 October 2013.
57. "Referendum to abolish Seanad is defeated". RTE News. 5 October 2013. Retrieved 6 October 2013.
58. Thirty-Fourth Amendment of the Constitution (Judicial Appointments) Bill 2013 [PMB] Oireachtas
59. Dáil debates 25 February 2014 p.30
60. "Thirty-Fourth Amendment of the Constitution (Neutrality) Bill 2013 [PMB]". Bills. Oireachtas. Retrieved 11 March 2015.
61. Dáil Éireann debates 10 March 2015 p.30
62. Thirty-Fourth Amendment of the Constitution (No. 3) Bill 2014 [PMB] Oireachtas
63. Dáil debates 20 November 2014 p.13
64. Thirty-fourth Amendment of the Constitution (Right to Personal Autonomy and Bodily Integrity) Bill 2014 [PMB] Oireachtas
65. "Thirty-fourth Amendment of the Constitution (Right to Personal Autonomy and Bodily Integrity) Bill 2014: Second Stage [Private Members]". Dáil Éireann debates. 16 December 2014. Retrieved 18 December 2014. This Bill seeks to repeal the Eighth Amendment of the Constitution Act 1983 to protect women’s lives, health and choices.
66. Dáil debates 12 December 2014 p.75
67. "Thirty-fourth Amendment of the Constitution (Members of the Houses of the Oireachtas) Bill 2014 [PMB] (Number 10 of 2014)". Bills 1997-2015. Oireachtas. Retrieved 27 January 2015.
68. "Thirty-fourth Amendment of the Constitution (Members of the Houses of the Oireachtas) Bill 2014: Second Stage (Resumed) [Private Members]". Dáil Éireann debates. 27 January 2015. p. 31. Retrieved 27 January 2015.
69. "Thirty-fourth Amendment of the Constitution (Peace and Neutrality) Bill 2014 [PMB]". Bills 1997-2015. Oireachtas. Retrieved 1 April 2015.
70. "Thirty-fourth Amendment of the Constitution (Peace and Neutrality) Bill 2014: Second Stage (Resumed) [Private Members]". Dáil Éireann debates. 31 March 2015. p. 31. Retrieved 1 April 2015.
71. "Thirty-fourth Amendment of the Constitution Bill 2014 [PMB] (Number 90 of 2014)". Bills. Oireachtas. Retrieved 13 May 2015.
72. "Thirty-fourth Amendment of the Constitution Bill 2014: Second Stage (Resumed) [Private Members]". Dáil Éireann debates. 12 May 2015. p. 32. Retrieved 13 May 2015.
73. "Thirty-fourth Amendment of the Constitution (Economic, Social and Cultural Rights) Bill 2014: Second Stage [Private Members] (Continued)". Dáil Éireann debates. Oireachtas. 19 May 2015. Retrieved 20 May 2015.
74. "Thirty-fourth Amendment of the Constitution (Economic, Social and Cultural Rights) Bill 2014 [PMB] (Number 115 of 2014)". Bills. Oireachtas. Retrieved 20 May 2015.
75. Ní Fhlanghaile, Ríona (26 May 2015). "Referendum Act 1994: Constitutional Referendum" (PDF). Iris Oifigiúil (in Irish and English) (Dublin: Stationery Office) (42): 1070–72.
76. "Thirty-fifth Amendment of the Constitution (Age of Eligibility for Election to the Office of President) Bill 2015". Referendum Commission. May 2015. Retrieved 29 May 2015.
77. "Thirty-fifth Amendment of the Constitution (Age of Eligibility for Election to the Office of President) Bill 2015". Bills. Oireachtas. Retrieved 29 May 2015.