Twenty-third Amendment of the Constitution of Ireland

The Twenty-third Amendment of the Constitution Act 2001 of the Constitution of Ireland permitted the state to become a party to the International Criminal Court (ICC). It was approved by referendum on 7 June 2001 and signed into law on the 27 March 2002. The referendum was held on the same day as referendums on the prohibition of the death penalty, which was also approved, and on the ratification of the Nice Treaty, which was rejected.

For the Irish Free State constitutional amendment, see Constitution (Amendment No. 23) Act 1936.
Twenty-third Amendment of the Constitution of Ireland
7 June 2001 (2001-06-07)
To permit the state to become a party to the International Criminal Court
Location Ireland
Results
Response
 Votes %
Yes 629,234 64.22%
No 350,512 35.78%
Valid votes 979,746 98.21%
Invalid or blank votes 17,819 1.79%
Total votes 997,565 100.00%
Registered voters/turnout 2,867,960 34.78%

Background

The Statute of the International Criminal Court established the International Criminal Court. As its ratification would affect Ireland's sovereignty and powers and functions elsewhere in the Constitution, under the decision of the Supreme Court in Crotty v. An Taoiseach (1987), an amendment was required before it could be ratified.

Changes to the text

Insertion of new Article 29.9:

The State may ratify the Rome Statute of the International Criminal Court done at Rome on the 17th day of July, 1998.

Oireachtas debate

The Twenty-third Amendment was proposed in Dáil Éireann by Minister for Foreign Affairs Brian Cowen on behalf of the Fianna Fáil–Progressive Democrats coalition government led by Taoiseach Bertie Ahern.[1] It had the support of all parties and it passed final stages in the Dáil on 12 April.[2] It passed final stages in the Seanad on 2 May and proceeded to a referendum on 11 June 2001.[3]

Result
Twenty-third Amendment of the Constitution of Ireland referendum[4]
Choice Votes %
Yes 629,234 64.22
No 350,512 35.78
Valid votes 979,746 98.21
Invalid or blank votes 17,819 1.79
Total votes 997,565 100.00
Registered voters and turnout 2,867,960 34.78
Results by constituency[4]
Constituency Electorate Turnout (%) Votes Proportion of votes
Yes No Yes No
Carlow–Kilkenny 92,470 34.1% 19,747 11,094 64.1% 35.9%
Cavan–Monaghan 85,803 34.6% 18,803 10,184 64.9% 35.1%
Clare 76,227 30.8% 15,251 7,767 66.3% 33.7%
Cork East 68,707 35.6% 14,420 9,555 60.2% 39.8%
Cork North-Central 75,038 33.4% 14,817 9,817 60.2% 39.8%
Cork North-West 49,749 37.4% 10,890 7,206 60.2% 39.8%
Cork South-Central 90,790 37.2% 22,112 11,144 66.5% 33.5%
Cork South-West 50,677 37.0% 11,869 6,422 64.9% 35.1%
Donegal North-East 55,035 27.6% 8,446 6,428 56.8% 43.2%
Donegal South-West 52,671 28.6% 8,175 6,572 55.5% 44.5%
Dublin Central 61,290 33.7% 11,377 8,926 56.1% 43.9%
Dublin North 70,321 37.8% 18,262 8,039 69.5% 30.5%
Dublin North-Central 64,007 43.1% 17,490 9,897 63.9% 36.1%
Dublin North-East 59,877 39.8% 15,419 8,181 65.4% 34.6%
Dublin North-West 57,284 38.3% 13,552 8,106 62.6% 37.4%
Dublin South 93,038 42.5% 28,195 10,929 72.1% 27.9%
Dublin South-Central 65,542 39.1% 15,551 9,638 61.8% 38.2%
Dublin South-East 58,820 39.6% 15,777 7,066 69.1% 30.9%
Dublin South-West 81,266 31.9% 15,613 9,996 61.0% 39.0%
Dublin West 77,760 34.4% 17,956 8,601 67.7% 32.3%
Dún Laoghaire 86,549 42.8% 26,443 10,164 72.3% 27.7%
Galway East 65,633 29.6% 12,023 6,951 63.4% 36.6%
Galway West 83,176 29.5% 15,536 8,503 64.7% 35.3%
Kerry North 53,366 32.8% 9,902 7,178 58.0% 42.0%
Kerry South 48,992 32.0% 9,585 5,690 62.8% 37.2%
Kildare North 59,035 34.4% 14,099 5,985 70.3% 29.7%
Kildare South 51,142 32.3% 10,690 5,556 65.9% 34.1%
Laois–Offaly 90,987 32.2% 18,221 10,378 63.8% 36.2%
Limerick East 80,339 34.5% 17,281 10,014 63.4% 36.6%
Limerick West 49,160 34.8% 10,426 6,178 62.8% 37.2%
Longford–Roscommon 67,305 32.0% 12,954 8,083 61.6% 38.4%
Louth 78,007 34.0% 16,428 9,667 63.0% 37.0%
Mayo 90,336 30.1% 15,840 10,694 59.7% 40.3%
Meath 101,888 32.6% 21,817 10,880 66.8% 33.2%
Sligo–Leitrim 66,748 35.2% 14,000 8,930 61.1% 38.9%
Tipperary North 56,278 34.0% 12,062 6,585 64.7% 35.3%
Tipperary South 53,463 37.1% 12,098 7,205 62.7% 37.3%
Waterford 71,946 35.0% 15,845 8,797 64.4% 35.6%
Westmeath 51,664 31.6% 9,538 6,474 59.6% 40.4%
Wexford 90,507 33.4% 19,156 10,467 64.7% 35.3%
Wicklow 85,067 38.3% 21,029 11,016 65.7% 34.3%
Total 2,867,960 34.8% 628,695 350,963 64.2% 35.8%

Aftermath

The International Criminal Court came into force on 1 July 2002.

Note on numbering

The Twenty-third Amendment Bill was put to the people with the Twenty-first and Twenty-fourth Amendment Bills. This is because the Twenty-second Amendment of the Constitution Bill was withdrawn by the government during the course of debate in the Oireachtas. There was therefore no Twenty-second Amendment of the Constitution of Ireland, as the title of legislation is not changed on its enactment.

See also

References
  1. "Twenty-third Amendment to the Constitution Bill, 2001: Second Stage". Houses of the Oireachtas. 11 April 2001. Retrieved 24 May 2018.
  2. "Twenty-third Amendment of the Constitution Bill, 2001: Committee and Remaining Stages". Houses of the Oireachtas. 12 April 2001. Retrieved 24 May 2018.
  3. "Twenty-third Amendment of the Constitution Bill, 2001: Committee Stage and Remaining Stages". Houses of the Oireachtas. 2 May 2001. Retrieved 24 May 2018.
  4. "Referendum Results 1937–2015" (PDF). Department of Housing, Planning and Local Government. 23 August 2016. p. 66. Retrieved 24 May 2018.
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