The eighth and final session of the Irish Constitutional Convention took place on February 22-23, 2014, and focused on Economic, Social, and Cultural Rights (ESC Rights).
Background of the Convention
The Irish Constitutional Convention emerged in a unique political context following the 2011 general election, which was often described as an "electoral earthquake." The economic downturn of 2008 significantly reshaped voter preferences, leading to a coalition government between Fine Gael and Labour.
While not the first process of its kind globally, the Convention was heavily influenced by prior deliberative democratic initiatives, particularly the citizens' assemblies of British Columbia, Ontario, and the Netherlands (Farrell et al., 2020). It also built upon Ireland’s own experience with deliberative democracy, including the 2011 We the Citizens pilot assembly, which demonstrated the potential of direct citizen participation in constitutional reform.
In June 2012, both houses of the Oireachtas (Parliament)passed resolutions establishing the Convention. It was mandated to convene for at least eight Saturdays over a year, with its first working sessions beginning in early 2013. The Convention concluded its work in February 2014 (Farrell et al., 2018).
Despite some criticism (Carolan, 2015), academic assessments of the Convention have generally been positive (Flinders et al., 2016; Suteu, 2015; White, 2017). It was widely regarded as a successful deliberative process (Suiter et al., 2016), and many of its recommendations were implemented or considered in subsequent government initiatives (Farrell, 2018). It also paved the way for future experiments with citizens’ assemblies in Ireland.
Structure of the Convention
Membership selection
The Convention comprised 100 members:
- 66 randomly selected citizens,
- 33 politicians (selected by their parties from both Ireland and Northern Ireland),
- 1 independent Chairperson.
The random selection process was conducted by Behaviours and Attitudes (see more here).
Political parties and groups in Dáil Éireann and Seanad Éireann nominated representatives on the basis of their relative strengths in the Oireachtas. Political parties represented in the Northern Ireland Assembly were invited to nominate one representative each.
Governance
Chairperson
The Chairperson was responsible for running the Convention and engaging necessary support services for its effective administration. As the main moderator, the Chairperson was selected by the Prime Minister and was independent. They had direction and control over the staff of the secretariat and other resources available, subject to the wishes of the Convention. The Chairperson also made recommendations on the management of business as needed.
Secretary and Secretariat
The Secretary and Secretariat were responsible for handling the logistics of the assembly, ensuring the smooth operation of the Convention.
Advisory Panel
At the outset of the process, the Chair and Secretary appointed an advisory panel of experts. This panel advised on the selection of experts who would present information to the Convention members. The advisory panel consisted of political scientists with expertise in deliberative democracy and a legal scholar.
Steering Group
A Steering Group was established to support the Convention in efficiently and effectively discharging its role and functions. The group assisted with planning and operational issues related to the work program. It was composed of the Chairperson, representatives from political parties, public members, and any other representatives deemed necessary by the Convention.
Structure of plenary session
Proceedings
The Saturday meeting (Feb 22, 2014) focused on Economic, Social, and Cultural (ESC) rights, beginning with expert presentations on their background, their status in Irish constitutional law, and international comparisons. These discussions were followed by Q&A sessions and roundtable deliberations, allowing participants to engage with key themes.
The afternoon session featured arguments for and against the inclusion of ESC rights in the Constitution, with perspectives from human rights advocates and legal experts. A panel discussion explored the broader implications of constitutional recognition, followed by a summary and further roundtable discussions. The day concluded with the drafting of the ballot paper.
The second meeting (Feb 23, 2014) reviewed key themes and finalized the ballot paper. Reflections from Youthwork Ireland and a summary of public submissions on additional constitutional amendments were presented. A plenary discussion and Q&A session provided further deliberation on outstanding issues. The weekend concluded with the announcement of the ESC ballot results and closing remarks.
The programme included:
- Expert presentations: Academic experts in law and social science (family therapy/psychology) provided insights on same-sex marriage and its legal and societal implications.
- Advocacy and civil society groups: Representatives from various advocacy organizations presented their perspectives.
- Small group deliberations: Members engaged in roundtable discussions to explore the issues in depth.
- Plenary sessions: The key themes emerging from the small group discussions were shared and debated.
- Q&A with advisory panel: Members had an opportunity to clarify outstanding questions before voting.
- Final deliberations and voting: Members voted on recommendations based on their deliberations.
A more detailed overview of the programme can be found in the Eighth Report here.
Voting and ballots
When a vote was required, it was conducted by secret ballot among the members present. The Chairperson, supported by at least two other members of the Convention, oversaw the voting process.
To facilitate structured decision-making, the voting process was divided into three stages. First, members determined whether to recommend reform on the issue at hand. If a majority supported reform, the second stage involved considering the specific details of the proposed changes. Finally, the third stage allowed members to vote on additional prominent themes that had arisen during deliberations.
The Convention voted in favor (85%) of amending the Constitution to strengthen the protection of Economic, Social, and Cultural (ESC) rights. Among those supporting reform, 56% opted to make immediate recommendations, while 43% preferred further review. The most favored approach (59%) was to insert a provision requiring the State to progressively realize ESC rights, subject to available resources, with a legally cognizable duty.
On the inclusion of specific rights, there was strong support for enshrining housing (84%), social security (78%), essential healthcare (87%), disability rights (90%), linguistic and cultural rights (75%), and the broader rights outlined in the International Covenant on ESC Rights (80%).
The detailed results of the ballot results can be found in the Convention’s Seventh Report here.
Recommendations and Government response
The Convention made the following recommendations:
- The Constitution should be amended to provide enhanced protection for economic, social, and cultural rights.
- These rights should be progressively realised, subject to maximum available resources, and should be justiciable in the courts.
- Specific rights, including housing, social security, healthcare, rights of people with disabilities, and linguistic and cultural rights, should be explicitly enumerated in the Constitution.
These recommendations were compiled in the Eighth Report (here), published in March 2014, and are available on the Citizens’ Assembly website (here).
The Government was required to respond within four months. A parliamentary debate took place on January 14, 2016.
Government Response
A Private Member’s Bill on this issue was debated in the Oireachtas, but it did not proceed. The issue was revisited in parliamentary debate on January 27, 2021.
More details on the Government’s response to the recommendations can be found here.
