List of failed amendments to the Constitution of Ireland


The Constitution of Ireland has been amended 32 times since its adoption in 1937. Numerous other amendment bills have been introduced in Dáil Éireann but were not enacted. These include government bills passed by the Dáil and Seanad but rejected at referendum; bills which the government introduced but later decided not to proceed with; and the rest were private member's bills, usually introduced by opposition TDs. No amendment PMBs passed second stage until 2015.
TitleYearTypeProposerStage reachedSubject, notesReferences
Third1941PMBFine Gael Second stage 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
Third1958GovernmentFianna Fáil Referendum Elections to the Dáil: Replace single transferable vote system with single-member plurality voting. Also proposed an independent boundary commission for constituencies. The main proposal similar to the 1968 fourth-amendment bill.
Third1968GovernmentFianna Fáil Referendum Elections to the Dáil: Specified a degree of malapportionment in favour of rural constituencies over urban constituencies.
Fourth1968GovernmentFianna Fáil Referendum Elections to the Dáil: Replace STV with FPTP for Dáil elections. Similar to main proposal of the 1958 bill.
Fourth1972PMBLabour First stage Elections: Lower voting age from 21 to 18. Accomplished by the government-sponsored Fourth Amendment of the Constitution Act, 1972.
Sixth1978PMBLabour Second stage 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; the Thirty-first Amendment provided rights for children.
Eighth1980PMBSocialist Labour Party First stage Divorce: Permit by deleting Article 41.3.2º and 41.3.3º. Divorce was eventually permitted by the 15th amendment in 1996.
Eighth 1982PMBWorkers' Party First stage Divorce: Relax ban. This was eventually lifted by the 15th amendment in 1996.
Eighth 1983PMBWorkers' Party First stage Divorce: Relax ban. This was eventually lifted by the 15th amendment in 1996.
Tenth 1984PMBWorkers' Party First stage Divorce: Relax ban. This was eventually lifted by the 15th amendment in 1996.
Tenth1985PMBFine Gael First stage Divorce: Relax ban. O'Leary was a government backbencher. His move prompted the government to introduce its own bill.
Tenth 1985PMBLabour Second stage Divorce: Relax ban. Labour's coalition partner Fine Gael opposed the bill; a government-sponsored divorce amendment was rejected at referendum later in 1986.
Tenth1986GovernmentFine Gael–Labour Referendum Divorce: Relax ban. This was eventually lifted by the 15th amendment in 1996.
Eleventh1990PMBWorkers' Party Second stage 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.
Eleventh1991PMBFine Gael Second stage Elections: enable Irish emigrants to elect three members of the Seanad.
Eleventh 1991PMBWorkers' Party Second stage Allow abolition of ground rents.
Eleventh 1991PMBFine Gael Second stage Rights of women: affirmatively recognise rights of women in section on equality.
Eleventh 1991PMBFine Gael Second stage Bail laws
Eleventh1992PMBWorkers' Party Second stage Abortion: removal of provision inserted by Eighth Amendment
Eleventh1992PMBLabour Second stage Abortion: allow freedom to information and travel
Twelfth1992GovernmentFianna Fáil–Progressive Democrats Referendum Abortion: Partially reverse the X Case decision by removing risk of suicide as grounds for an abortion.
Fifteenth1995PMBFianna Fáil Second stage Restrict right to bail. Accomplished by the government-sponsored Sixteenth Amendment in 1996.
Seventeenth1997PMBProgressive Democrats Second stage Election of President: Allow nominating petitions
Eighteenth1997PMBFine Gael Second stage Election of President: Allow nominating petitions by 20,000 voters
Twentieth1999PMBDemocratic Left Second stage Lower the age of eligibility for TDs from 21 to 18.
Twenty-first1999PMBGreens Second stage Neutrality: Require a referendum before the state could join to join a military alliance
Twenty-first 1999PMBGreens Second stage Allowing constitutional amendments by initiative
Twenty-first 1999PMBLabour Second stage Rights: Guarantee economic, social and cultural rights
Twenty-first 1999PMBLabour Second stage Rights: Prohibits "unfair discrimination" and permits positive discrimination.
Twenty-first 1999PMBLabour Second stage Rights of children, in particular the UN Convention on the Rights of the Child
Twenty-second2001GovernmentFianna Fáil–Progressive Democrats Committee stage Judges: process for impeachment
Twenty-fourth2001GovernmentFianna Fáil–Progressive Democrats Referendum European Union: Ratify the Treaty of Nice. The Twenty-sixth Amendment in 2002 passed referendum and accomplished this.
Twenty-fourth2002PMBLabour First stage 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.
Twenty-fifth2001PMBSinn Féin Second stage Neutrality: forbid the state from joining any military alliance
Twenty-fifth 2001GovernmentFianna Fáil–Progressive Democrats Referendum Abortion: Partially reverse the X Case decision by removing risk of suicide as grounds for an abortion, and specify the legal grounds for abortion.
Twenty-seventh2003PMBSinn Féin Second stage Neutrality: affirms neutrality, forbids the state from joining any military alliance; war may only be declared by the Dáil.
Twenty-seventh 2003PMBSinn Féin Second stage Rights: Guarantee the right to housing
Twenty-eighth2005GovernmentFianna Fáil–Progressive Democrats First stage European Union: Ratify the proposed Treaty establishing a Constitution for Europe. The government did not proceed with the amendment when the Treaty was abandoned after it was rejected by France and the Netherlands at referendums.
Twenty-eighth2006PMBLabour Second stage Preserve cultural heritage and commit to sustainable development
Twenty-eighth 2006PMBGreens Second stage Elections: Lower age of candidacy for Dáil and presidential elections
Twenty eighth 2006PMBGreens Second stage 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
Twenty-eighth2007GovernmentFianna Fáil–Progressive Democrats Second stage Rights of children, insertion of a new article. The 2012 31st amendment covers similar ground.
Twenty-eighth2008GovernmentFianna Fáil–Greens–Progressive Democrats Referendum European Union: Ratify the Treaty of Lisbon. This was achieved with the Twenty-eighth Amendment of the Constitution of Ireland which passed in a referendum the following year.
Twenty-ninth2008PMBSinn Féin Second stage Rights relating to trade unions
Twenty-ninth2009PMBFine Gael Second stage Judges: Ease the restriction on reducing judges' pay. This was achieved by the Twenty-ninth Amendment of the Constitution of Ireland which was passed in a referendum in 2011.
Twenty-ninth2011PMBGreens Second stage Defines "economic treason".
Twenty-ninth 2011PMBFianna Fáil Second stage Allow only individual voters to make political donations.
Twenty-ninth 2011PMBFianna Fáil Second stage Allow for the adoption of any child. Achieved by the Thirty-first Amendment of the Constitution of Ireland passed by referendum in 2012
Thirtieth 2011GovernmentFine Gael–Labour Referendum Oireachtas: overturn the 2002 John Carthy verdict limiting the power of Oireachtas inquiries.
Thirty-first 2011PMBTechnical group Second stage Presidency: ease ballot access by reducing the qualifying number of Oireachtas members and allowing nominating petitions; remove reference to "proportional representation"; reduce the term from seven to five years
Thirty-first 2012PMBLabour Second stage Rights: Guarantee economic, social and cultural rights
Thirty-second 2012PMBFine Gael Second stage Dáil Éireann: to comprise 100 single-member constituencies by instant-runoff voting
Thirty-second 2013GovernmentFine Gael–Labour Referendum Oireachtas: Abolish Seanad Éireann, the upper house of the Irish parliament.
Thirty-fourth 2013PMBTechnical group Second stage Judges: establish a non-political body to nominate judges, subject to Oireachtas ratification
Thirty-fourth 2013PMBSinn Féin Second stage Neutrality: declaration of neutrality and forbidding the state from joining any military alliance
Thirty-fourth 2014PMBSinn Féin Second stage Rights: Guarantee right to water, and mandating that Irish water supply remain in public ownership
Thirty-fourth 2014PMBTechnical group Second stage Abortion: repeal the Eighth Amendment, and guarantee rights to personal autonomy and bodily integrity
Thirty-fourth 2014PMBTechnical group Second stage Oireachtas: loosen the party whip system
Thirty-fourth 2014PMBTechnical group Second stage Neutrality: Adhere to Section V of the Hague Convention of 1907
Thirty-fourth2014PMBTechnical group Second stage Abortion: repeal the Eighth Amendment
Thirty-fourth 2014PMBTechnical Group Second stage Rights: Guarantee economic, social and cultural rights-
Thirty-fifth 2015GovernmentFine Gael–Labour Referendum Presidency: reduce age of candidacy from 35 to 21
Thirty-fourth 2014PMBSinn Féin Second stage Election of President: allow emigrants to vote
Thirty-fourth 2014PMBSinn Féin Committee stage Elections: Lower voting age from 18 to 16.
Thirty-fourth 2015PMBFine Gael Second stage Dáil Éireann: to comprise 158 single-member constituencies; eliminate single transferable vote requirement
Thirty-fifth 2015PMBTechnical group Second stage Dáil Éireann: fixed term of five years
Thirty-fifth 2016PMBAAA–PBP Second stage Abortion: repeal the Eighth Amendment, which guarantees the "right to life of the unborn". A motion was passed rejecting the bill, to allow the Citizens' Assembly to consider the issue.
Thirty-fifth 2016PMBSinn Féin Second stage Neutrality: prohibit assisting foreign preparations for war without the consent of the Dáil, and prohibit joining any military alliance. A motion was passed rejecting the bill "to protect the authority of the Executive to conduct external relations" and affirming existing neutrality provisions and policies.
Thirty-fifth 2016PMBSinn Féin Second stage Rights: Guarantee economic, social and cultural rights
Thirty-fifth 2017PMBSolidarity–PBP Second stage Rights: Guarantee the right to housing
Thirty-eighth 2018PMBSinn Féin Second stage Neutrality: prohibit involvement in any war unless "immediately necessary in defence of the State".
Thirty-fifth 2016PMBSinn Féin Second stage Rights: Guarantee the right to housing

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 decided 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.
;Thirty-fifth: The government's 35th bill was rejected at a referendum on 22 May 2015. Government amendments 36 and 37 were passed in 2018. The 38th Amendment is a private member's bill introduced in 2016 with number 35, which had its number changed to 38 in 2019 after being accepted by the government, which was passed in May 2019.

Citations