There are 2 types of referendum in Ireland – a constitutional referendum and an ordinary referendum.
On Friday 24 May 2019, a referendum proposing a change in the Constitution in relation to divorce will be held. The proposal is about two issues relating to divorce:
- How long people must be living apart before applying for a divorce
- The recognition of foreign divorces
Up to 2019, thirty-seven constitutional referendums had been held. The last two referendums were held in 2018. The proposal of the Thirty-sixth Amendment of the Constitution Bill 2018 was approved by a majority of voters and the Bill to amend the Constitution was signed into law. A referendum, on the proposal to repeal the offence of blasphemy, was held in October 2018.
A referendum on the Thirty-sixth Amendment of the Constitution Bill 2018 was held on 25 May 2018. A majority of voters approved this proposal and the Bill to amend the Constitution has been signed into law. A second referendum, on the proposal to repeal the offence of blasphemy, was held on Friday 26 October 2018.
An ordinary referendum does not relate to amending the Constitution. An ordinary referendum would only be held if the President decided that a Bill contained a proposal of such national importance that the will of the people should be established. This would only happen following a a joint petition from both houses of the Oireachtas and consultation with the Council of State. To date, no ordinary referendum has been held. Read more in our document on ordinary referendums.
Article 46 of the Constitution sets out the rules for how the Constitution can be amended. Article 47 sets out the basic rules for referendums. A body of legislation, including a series of Referendum Acts, governs how they operate.
For a constitutional referendum, a Bill is first introduced in the Dáil, setting out the wording of the proposed amendment. The Bill’s title must include the text “An Act to amend the Constitution” and the Bill cannot contain any other proposal. If both the Dáil and the Seanad pass the Bill, the Minister for Housing, Planning and Local Government makes an order specifying the polling day for the referendum.
The Minister can then appoint a referendum commission, whose role is to explain what the proposed amendment means, promote awareness of the referendum and encourage people to vote. It does not put the arguments for and against the proposal.
All Irish citizens who are on the Register of Electors, the Postal Voters List or the Special Voters List can vote in a referendum. You can use checktheregister.ie to see if you are registered. If not, you can apply to be registered on the relevant supplement. When the polling date has been set, strict closing dates apply.
The referendum proposal is printed on the ballot paper and voters are asked to indicate “Yes” or “No”. There are various arrangements to facilitate voters with disabilities. In May 2018, for the first time, a tactile ballot paper template was available in each polling station for people who are visually impaired.
If more than 50% of the valid votes are cast for “Yes”, the proposed amendment is approved and the text of the Constitution is amended accordingly. Otherwise, the Constitution remains unchanged. Read more in our document on referendum results.
There is more information about referendums in general on referendum.ie, in the booklet The Referendum in Ireland (pdf) and on refcom.ie. You can get information on the divorce referendum including the present legal position, proposed changes and the legal effect on refcom.ie.