Data

General Issues
Governance & Political Institutions
Human Rights & Civil Rights
Specific Topics
Constitutional Reform
LGBTQ Issues
Administration of Campaigns and Elections
Location
Ireland
Scope of Influence
National
Parent of this Case
Irish Constitutional Convention (2012-2014)
Links
Dáil Éireann debate - Report of the Convention on the Constitution: Statements
OpenGov Partnership - Hold Referenda Arising from the Recommendations of the Constitutional Convention
Start Date
End Date
Ongoing
No
Time Limited or Repeated?
A single, defined period of time
Purpose/Goal
Make, influence, or challenge decisions of government and public bodies
Approach
Direct decision making
Spectrum of Public Participation
Empower
Open to All or Limited to Some?
Open to All
General Types of Methods
Direct democracy
General Types of Tools/Techniques
Facilitate decision-making
Inform, educate and/or raise awareness
Specific Methods, Tools & Techniques
Referendum
Legality
Yes
Face-to-Face, Online, or Both
Face-to-Face
Types of Interaction Among Participants
Express Opinions/Preferences Only
Information & Learning Resources
Written Briefing Materials
Decision Methods
Voting
If Voting
Majoritarian Voting
Communication of Insights & Outcomes
Traditional Media
New Media
Protests/Public Demonstrations
Type of Organizer/Manager
National Government
Type of Funder
National Government
Staff
No
Volunteers
Yes
Evidence of Impact
Yes
Types of Change
Changes in public policy
Implementers of Change
Elected Public Officials

CASE

2015 Irish Constitutional Referendums

General Issues
Governance & Political Institutions
Human Rights & Civil Rights
Specific Topics
Constitutional Reform
LGBTQ Issues
Administration of Campaigns and Elections
Location
Ireland
Scope of Influence
National
Parent of this Case
Irish Constitutional Convention (2012-2014)
Links
Dáil Éireann debate - Report of the Convention on the Constitution: Statements
OpenGov Partnership - Hold Referenda Arising from the Recommendations of the Constitutional Convention
Start Date
End Date
Ongoing
No
Time Limited or Repeated?
A single, defined period of time
Purpose/Goal
Make, influence, or challenge decisions of government and public bodies
Approach
Direct decision making
Spectrum of Public Participation
Empower
Open to All or Limited to Some?
Open to All
General Types of Methods
Direct democracy
General Types of Tools/Techniques
Facilitate decision-making
Inform, educate and/or raise awareness
Specific Methods, Tools & Techniques
Referendum
Legality
Yes
Face-to-Face, Online, or Both
Face-to-Face
Types of Interaction Among Participants
Express Opinions/Preferences Only
Information & Learning Resources
Written Briefing Materials
Decision Methods
Voting
If Voting
Majoritarian Voting
Communication of Insights & Outcomes
Traditional Media
New Media
Protests/Public Demonstrations
Type of Organizer/Manager
National Government
Type of Funder
National Government
Staff
No
Volunteers
Yes
Evidence of Impact
Yes
Types of Change
Changes in public policy
Implementers of Change
Elected Public Officials

The government of Ireland held two referendums in May 2015 on proposed constitutional amendments. The amendment permitting same-sex marriage was successful while the amendment to reduce the age of candidacy for Presidential elections failed to receive the necessary support to pass.

Problems and Purpose

Arising from the recommendations of the Irish Constitutional Convention, the Government committed to holding three referenda in 2015 in relation to:

  1. Reduce age of candidacy for Presidential elections (from 35 to 21)
  2. Same sex marriage
  3. Reduce voting age (from 18 to 16) [1]

Ultimately, only the first two were held.

Background History and Context

The Constitutional Convention was a deliberative forum established in 2012 for discussing constitutional amendments; it consisted of just over 100 participants: 66 randomly selected Irish citizens, 33 parliamentarians and an elected representative from each political party in the Northern Ireland Assembly. [2] Based on its recommendations, the government committed to holding three referenda in 2015 on marriage equality, the age of candidacy for presidential elections, and the voting age.

Organizing, Supporting, and Funding Entities

This initiative was led by the Irish Department of Environment, Community and Local Government (DEC&LG) and Department of Justice and Equality (DJ&E). [1]

Participant Recruitment and Selection

The referendums were open to all eligible Irish voters.

Methods and Tools Used

Referendums in Ireland require a simple majority of the votes cast in order to pass.

What Went On: Process, Interaction, and Participation

Only two of the three referendums in the original action plan were held. Irish voters voted in favour of extending civil marriage rights to same-sex couples, but rejected reducing the age of candidacy for the presidency. The third referendum outlined to reduce the voting age from 18 to 16 was not held. Interviews with the government suggest that the reason for this decision was the belief that it would be premature to proceed with this referendum with the other two in mind for May.[2]

Amending the Irish constitution to allow same-sex marriage was approved by referendum on May 22, 2015 by 62% of voters, with a turnout of 61%. The bill to reduce the age of candidacy for presidency was rejected on May 22, 2015 by 73.1% against 26.9% in favour with a voter turnout of 60.5%.[3]

Influence, Outcomes, and Effects

The Constitutional Convention and subsequent referendums have promoted the participation of citizens on constitutional matters, fundamentally changing the precedent of citizen participation in national debates.[1]

The new constitutional status permitted an amendment to the Marriage Act which came into force on November 16, 2015; the first same-sex marriage ceremony was held the following day.[4]

Analysis and Lessons Learned

The effect of this commitment has been transformative. In addition to promoting the participation of citizens on constitutional matters, a referendum on marriage equality in a traditionally “Catholic country (in which divorce was only legalized in the 1990s), and then see[ing] same-sex and opposite-sex couples have the right to civil marriage as a result of the referendum, is an important step for Ireland.”[2]

Experiences of deliberative democracy and the use of referenda “strengthen the confidence of citizens in public institutions,” thereby representing useful tools to promote progress and reform. Similar experiences could be used in forthcoming action plans.

See Also

Irish Constitutional Convention (2012-2014)

Referendum on the Thirty-sixth Amendment of the Constitution of Ireland

References

[1] Open Government Partnership. (n.d.). Hold Referenda Arising from the Recommendations of the Constitutional Convention (IE0010). Retrieved from https://www.opengovpartnership.org/members/ireland/commitments/IE0010/

[2] Chari, R. (2017). Independent Reporting Mechanism: Ireland Progress Report 2014-2015. Retrieved from https://www.opengovpartnership.org/wp-content/uploads/2017/05/Ireland_2014-15_Final_0.pdf

[3] Government of Ireland. (n.d.). Plebiscite on the Draft Constitution 1937-2015. Retrieved from https://www.housing.gov.ie/sites/default/files/migrated-files/en/Publications/LocalGovernment/Voting/referendum_results_1937-2015.pdf [BROKEN LINK]

[4] McGarry, P. (2015, Oct 31). Same-sex marriage will be possible from November. The Irish Times. Retrieved from https://www.irishtimes.com/news/social-affairs/same-sex-marriage-will-be-possible-from-november-1.2411959

External Links

Wikipedia - Thirty-fourth Amendment of the Constitution of Ireland

Wikipedia - Thirty-fifth Amendment of the Constitution Bill 2015

https://www.oireachtas.ie/en/debates/debate/dail/2013-07-18/23/

BBC - Why Ireland's holding a same-sex marriage referendum

Notes