The fifth session of the Irish Constitutional Convention took place on September 28-29, 2013, and focused on the right of citizens resident outside the State to vote in Presidential elections.
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 Parliament (Oireachtas) 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 Parliament (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 first meeting (Sept 28, 2013) focused on voting rights for citizens abroad, beginning with expert presentations on key principles, international comparisons, emigration trends, and statistical data. A global panel discussion featured insights from Irish communities worldwide, followed by roundtable discussions to identify emerging themes. Advocacy groups presented arguments for and against extending voting rights, while discussions also explored the legal and constitutional implications for Northern Ireland and international case studies on voting systems. The day concluded with a final roundtable discussion.
The second meeting (Sept 29, 2013) reviewed key themes and finalized the ballot paper. Reflections on the discussions were provided before a final Q&A session. The session concluded with a private discussion on Convention business and the announcement of results.
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 Fifth 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 of extending voting rights in Presidential elections to citizens residing outside the State (78%) and to citizens in Northern Ireland (73%).
On voting rights for citizens beyond the island of Ireland, opinions varied: 36% supported granting the vote to all Irish citizens abroad, while 26% favored restricting it to those who had lived in the Republic of Ireland, and 27% preferred limiting it to those who had lived in the Republic as adults and left for a period of time.
Regarding a time limit on voting rights for citizens abroad, 38% supported no restriction, while others favored limits ranging from 5 years (14%) to 25 years (4%), with 15 years (20%) being the most popular option among those who supported a restriction.
The detailed results of the ballot results can be found in the Convention’s Fifth Report here.
Recommendations and Government response
Based on the deliberations and voting results, the Convention made the following key recommendation:
- Citizens resident outside the State should have the right to vote in Presidential elections.
These recommendations were compiled in the Fifth Report (here), published in November 2013, 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
The Government has committed to holding a referendum on this issue. However, the referendum has not yet taken place.
A full overview of the Government's response is available here.
