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Nineteenth Amendment of the Constitution
To permit the state to be bound by the British–Irish Agreement
Date 22 May 1998 (1998-05-22)
Quick facts for kids
Results
Votes  %
Yes 1,442,583 94.39%
No 85,748 5.61%
Valid votes 1,528,331 98.90%
Invalid or blank votes 17,064 1.10%
Total votes 1,545,395 100.00%
Registered voters/turnout 2,747,088 56.26%

The Nineteenth Amendment of the Constitution was a big change to Ireland's rulebook. It allowed the country to agree to the British–Irish Agreement. This agreement was a key part of the Good Friday Agreement.

This amendment also helped set up shared political groups between Ireland and Northern Ireland. It changed parts of the Constitution, especially Articles 2 and 3. These articles used to claim the whole island of Ireland. After the change, they talked about wanting a united Ireland peacefully. This would happen only if most people in both parts of the island agreed.

The change became law through the Nineteenth Amendment of the Constitution Act 1998. People voted for it in a referendum on May 22, 1998. It was signed into law on June 3, 1998. This vote happened on the same day as another vote in Northern Ireland about the Good Friday Agreement. There was also a vote in Ireland to approve the Amsterdam Treaty.

The new rules for Articles 2 and 3 started on December 2, 1999. This happened after the Irish government officially said the Agreement was in effect.

Why the Change Was Needed

The Good Friday Agreement in 1998 was a major step in the Northern Ireland peace process. This agreement recognized that people in Northern Ireland had different ideas about their future. Some wanted to stay part of the United Kingdom (unionism). Others wanted to join Ireland (nationalism). The agreement said both ideas were fair.

The Good Friday Agreement had two main parts. One was between the political groups in Northern Ireland. The other was the British-Irish Agreement. This part was between the government of Ireland and the UK government. Ireland's Constitution needed to change so the country could follow this agreement.

Ireland's government also agreed to change Articles 2 and 3 of its Constitution. These changes would only happen if the government was sure the Agreement was working. The changes removed Ireland's claim over the whole island. They also created a way for people to vote on a united Ireland. The UK government also agreed to make changes to its laws for a similar vote in Northern Ireland.

What Changed in the Constitution

First Changes After the Vote (1998)

The Nineteenth Amendment added a new section to the Constitution called Article 29.7. This new section allowed Ireland to agree to the British-Irish Agreement. It also said that new groups set up by the Agreement could work across the whole island of Ireland. This was allowed even if other parts of the Constitution said something different.

A special part of this new section (subsection 3º) explained how Articles 2 and 3 would change later. These changes would happen once the government declared the Agreement was fully working.

Later Changes After Government Declaration (1999)

On December 2, 1999, the Irish government made its declaration. This meant the big changes to Articles 2 and 3 happened.

Before the change, Articles 2 and 3 said:

Article 2

The national territory consists of the whole island of Ireland, its islands and the territorial seas.

Article 3

Pending the re-integration of the national territory, and without prejudice to the right of the Parliament and Government established by this Constitution to exercise jurisdiction over the whole of that territory, the laws enacted by that Parliament shall have the like area and extent of application as the laws of Saorstát Éireann and the like extra-territorial effect.

After the change, they said:

Article 2

It is the entitlement and birthright of every person born in the island of Ireland, which includes its islands and seas, to be part of the Irish nation. That is also the entitlement of all persons otherwise qualified in accordance with law to be citizens of Ireland. Furthermore, the Irish nation cherishes its special affinity with people of Irish ancestry living abroad who share its cultural identity and heritage.

Article 3

  1. It is the firm will of the Irish nation, in harmony and friendship, to unite all the people who share the territory of the island of Ireland, in all the diversity of their identities and traditions, recognising that a united Ireland shall be brought about only by peaceful means with the consent of a majority of the people, democratically expressed, in both jurisdictions in the island. Until then, the laws enacted by the Parliament established by this Constitution shall have the like area and extent of application as the laws enacted by the Parliament that existed immediately before the coming into operation of this Constitution.
  2. Institutions with executive powers and functions that are shared between those jurisdictions may be established by their respective responsible authorities for stated purposes and may exercise powers and functions in respect of all or any part of the island.

Also, a new Article 29.8 was added. It said that Ireland could use its laws outside its borders when international law allowed it.

The Referendum Vote

People in Ireland voted on the Nineteenth Amendment on May 22, 1998. The results showed strong support for the changes.

Results by constituency
Constituency Electorate
Turnout
(%)
Votes Proportion of votes
Yes No Yes No
Carlow–Kilkenny 86,584 56.2% 45,362 2,531 94.8% 5.2%
Cavan–Monaghan 83,141 60.8% 46,612 3,194 93.6% 6.4%
Clare 71,060 51.6% 34,089 2,023 94.4% 5.6%
Cork East 63,881 55.3% 33,582 1,275 96.4% 3.6%
Cork North-Central 72,802 53.4% 35,703 2,773 92.8% 7.2%
Cork North-West 47,402 59.1% 25,878 1,689 93.9% 6.1%
Cork South-Central 85,752 58.2% 46,596 3,001 94.0% 6.0%
Cork South-West 47,988 57.5% 25,591 1,604 94.2% 5.8%
Donegal North-East 52,188 56.0% 26,923 2,012 93.1% 6.9%
Donegal South-West 51,097 54.7% 25,919 1,693 93.9% 6.1%
Dublin Central 63,483 52.9% 31,232 1,998 94.0% 6.0%
Dublin North 65,312 60.7% 37,756 1,689 95.8% 4.2%
Dublin North-Central 65,737 65.1% 40,196 2,322 94.6% 5.4%
Dublin North-East 59,398 61.4% 34,347 1,985 94.6% 5.4%
Dublin North-West 59,332 59.3% 32,731 2,171 93.8% 6.2%
Dublin South 90,536 63.4% 54,727 2,431 95.8% 4.2%
Dublin South-Central 66,994 59.4% 36,945 2,515 93.7% 6.3%
Dublin South-East 62,663 59.7% 35,375 1,760 95.3% 4.7%
Dublin South-West 76,748 52.3% 37,475 2,382 94.1% 5.9%
Dublin West 68,773 56.2% 36,378 2,043 94.7% 5.3%
Dún Laoghaire 86,311 62.2% 51,161 2,244 95.8% 4.2%
Galway East 61,703 52.8% 30,577 1,465 95.5% 4.5%
Galway West 79,180 48.9% 36,302 2,014 94.8% 5.2%
Kerry North 51,641 50.8% 24,048 1,869 92.8% 7.2%
Kerry South 47,677 53.5% 23,540 1,550 93.9% 6.1%
Kildare North 54,104 54.4% 27,925 1,333 95.5% 4.5%
Kildare South 47,904 51.3% 22,958 1,359 94.5% 5.5%
Laois–Offaly 84,530 55.1% 43,176 2,773 94.0% 6.0%
Limerick East 77,884 54.3% 39,458 2,432 94.2% 5.8%
Limerick West 48,454 52.6% 23,634 1,422 94.4% 5.6%
Longford–Roscommon 63,968 56.2% 33,297 2,004 94.4% 5.6%
Louth 72,116 60.5% 40,664 2,607 94.0% 6.0%
Mayo 86,785 52.2% 42,264 2,248 95.0% 5.0%
Meath 92,053 54.2% 46,859 2,507 95.0% 5.0%
Sligo–Leitrim 64,538 57.1% 34,237 2,030 94.5% 5.5%
Tipperary North 53,368 57.4% 28,322 1,833 94.0% 6.0%
Tipperary South 51,439 58.0% 27,636 1,696 94.3% 5.7%
Waterford 69,793 54.2% 35,282 2,140 94.3% 5.7%
Westmeath 48,289 54.7% 24,488 1,529 94.2% 5.8%
Wexford 84,228 52.6% 40,810 2,938 93.3% 6.7%
Wicklow 80,252 57.0% 42,528 2,664 94.2% 5.8%
Total 2,747,088 56.2% 1,442,583 85,748 94.4% 5.6%

What Happened After the Vote

After the vote, the Nineteenth Amendment of the Constitution Act 1998 became law on June 3, 1998. This immediately added Article 28.7 to the Constitution. It also started a 12-month countdown for the British-Irish Agreement to be officially approved.

The British-Irish Agreement Act 1999 was passed in Ireland to approve the treaty. It also set up the new groups that would work across the border. This act became law on March 22, 1999. However, it would only start working when the Taoiseach (Ireland's Prime Minister) announced it. This had to happen at the same time as a similar British law.

There were some political disagreements in Northern Ireland. This meant the new groups could not be set up by the original deadline of June 2, 1999. So, the Irish Parliament (the Oireachtas) quickly passed a law to extend the deadline by 12 months.

Finally, the new groups were set up on December 2, 1999. On that day, the Irish government started the British-Irish Agreement Act 1999. The UK government also started its related law. This allowed the Irish government to declare that the Agreement was fully working. This declaration then triggered the big changes to Articles 2 and 3 of the Constitution. It also added Article 29.8.

See also

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