November 1992 Irish constitutional referendums

Three referendums were held in Ireland on 25 November 1992, the same day as the 1992 general election. Each was on a proposed amendment of the Irish constitution relating to the law on abortion. They were enumerated as the Twelfth, Thirteenth and Fourteenth Amendments. The proposed Twelfth Amendment was rejected by voters while both the Thirteenth and Fourteenth were approved.

Background

The Eighth Amendment of the Constitution was approved in a referendum in 1983. It inserted a new sub-section in section 3 of Article 40. The resulting Article 40.3.3° read:

The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.

The Society for the Protection of Unborn Children obtained two injunctions affecting the availability of information on abortion services outside of the state. In Attorney General (Society for the Protection of Unborn Children (Ireland) Ltd.) v Open Door Counselling Ltd. and Dublin Wellwoman Centre Ltd. (1988), an injunction was granted restraining two counseling agencies from assisting women to travel abroad to obtain abortions or informing them of the methods of communications with such clinics, and in Society for the Protection of Unborn Children (Ireland) Ltd. v Grogan (1989), an injunction was granted restraining three students' unions from distributing information on abortion available outside the state. The Fourteenth Amendment allowed for information on abortion under terms regulated by law.

In March 1992, the Supreme Court held in the X Case that a 14-year-old girl who had become pregnant as a result of rape could obtain an abortion in circumstances where there was a threat to her life from suicide. The proposed Twelfth and Thirteenth Amendments were held to reverse differing elements of the Supreme Court's judgment in the X Case in which it held that a risk of suicide by a pregnant woman could constitute a risk to her health which would justify an abortion, and that the courts had to power to grant an injunction preventing a pregnant woman from travelling abroad for an abortion. The Fourteenth Amendment also related to abortion and was introduced to reverse decision by the courts in the abortion information cases. In these cases — beginning with Attorney-General (Society for the Protection of the Unborn Child) v Open Door Counselling Ltd. — the courts had granted injunctions preventing individuals from distributing contact information for foreign abortion clinics.

Wording

Twelfth Amendment Bill

The Twelfth Amendment of the Constitution Bill 1992 proposed that the possibility of suicide was not a sufficient threat to justify an abortion. The wording of the proposed amendment was:

It shall be unlawful to terminate the life of an unborn unless such termination is necessary to save the life, as distinct from the health, of the mother where there is an illness or disorder of the mother giving rise to a real and substantial risk to her life, not being a risk of self-destruction.

Thirteenth Amendment

The Thirteenth Amendment of the Constitution provided that the prohibition of abortion would not limit freedom of travel from Ireland to other countries where a person might legally obtain an abortion. The wording of the proposed amendment was:

This subsection shall not limit freedom to travel between the State and another state.

Fourteenth Amendment

The Fourteenth Amendment of the Constitution proposed:

This subsection shall not limit freedom to obtain or make available, in the State, subject to such conditions as may be laid down by law, information relating to services lawfully available in another state.

Accepted amendments

With the approval of the Thirteenth Amendment and the Fourteenth Amendment, the full text of Article 40.3.3° read as the follows:

The State acknowledges the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate that right.

This subsection shall not limit freedom to travel between the State and another state.

This subsection shall not limit freedom to obtain or make available, in the State, subject to such conditions as may be laid down by law, information relating to services lawfully available in another state.

Passage through the Oireachtas

12th

The Twelfth Amendment Bill was proposed in the Dáil by Minister for Justice Pádraig Flynn. The Amendment was approved by the Dáil on 27 October 1992:

Twelfth Amendment of the Constitution Bill 1992: Final Stages. Absolute majority: 83/166
Vote	Parties	Votes
Y Yes	Fianna Fáil (63), Progressive Democrats (5)	68 / 166
No	Fine Gael (35), Labour Party (13), Democratic Left (6), Green Party (1), Independent (2)	57 / 166

Fianna Fáil Senator Des Hanafin, a member of the Pro Life Campaign (PLC), did not vote for the government wording. He proposed an amendment at committee stage proposing the wording supported by the PLC:

It shall be unlawful to act in such a way as to bring about the termination of the life of an unborn unless such termination arises indirectly as a side-effect of treatment designed to protect the life of the mother.

This wording was not voted on, and the bill was approved by the Seanad on 30 October 1992.

Twelfth Amendment of the Constitution Bill 1992: Final Stages. Absolute majority: 31/60
Vote	Parties	Votes
Y Yes	Fianna Fáil (26)	26 / 60
No	Fine Gael (11), Labour Party (2), Independent (3)	17 / 60

13th

A previous amendment to the constitution had been proposed in a private member's bill by Labour Party TD Brendan Howlin on 12 May 1992. This proposed to insert the following subsection after Article 40.3.3°:

4° Sub-section 3 of this section shall not be invoked to prohibit or interfere with the exercise of the right—

i.to travel to and from the State for the purpose of receiving services lawfully available in other jurisdictions, or

ii. to obtain, within the State, information and counselling relating to such services.

The provision of such information and counselling may be regulated by law.

This was defeated at Second Stage the following day by 62 votes to 67.

The Thirteenth Amendment was proposed in the Dáil by Minister for Justice Pádraig Flynn on 21 October 1992. It was passed in the Dáil on 22 October and in the Seanad on 30 October. It proceeded to a referendum on 25 November.

14th

A previous amendment to the constitution had been proposed as a private member's bill by Labour Party TD Brendan Howlin on 12 May 1992. This proposed to insert the following subsection after Article 40.3.3°:

4° Sub-section 3 of this section shall not be invoked to prohibit or interfere with the exercise of the right—

i.to travel to and from the State for the purpose of receiving services lawfully available in other jurisdictions, or

ii. to obtain, within the State, information and counselling relating to such services.

The provision of such information and counselling may be regulated by law.

This was defeated at Second Stage the following day by 62 votes to 67.

The Fourteenth Amendment was proposed in the Dáil by Minister for Justice Pádraig Flynn on 21 October 1992. It was passed in the Dáil on 22 October and in the Seanad on 30 October. It proceeded to a referendum on 25 November.

Result

12th

Twelfth Amendment of the Constitution of Ireland Bill, 1992

Choice	Votes	%
No	1,079,297	65.35
Yes	572,177	34.65
Valid votes	1,651,474	95.28
Invalid or blank votes	81,835	4.72
Total votes	1,733,309	100.00
Registered voters/turnout	2,542,841	68.16

Results by constituency

Results by constituency Constituency Electorate Turnout (%) Votes Proportion of votes Yes No Yes No Carlow–Kilkenny 81,192 69.2% 20,130 32,900 38.0% 62.0% Cavan–Monaghan 79,004 70.3% 20,494 31,290 39.6% 60.4% Clare 65,579 67.9% 15,504 26,251 37.1% 62.9% Cork East 58,160 71.9% 12,684 27,210 31.8% 68.2% Cork North-Central 68,209 66.6% 13,876 30,024 31.6% 68.4% Cork North-West 44,578 75.4% 9,346 22,225 29.6% 70.4% Cork South-Central 75,747 71.1% 16,862 35,224 32.4% 67.6% Cork South-West 44,627 73.8% 9,954 20,638 32.5% 67.5% Donegal North-East 46,934 67.3% 8,313 21,496 27.9% 72.1% Donegal South-West 48,494 62.2% 8,623 19,666 30.5% 69.5% Dublin Central 59,941 61.3% 11,557 23,922 32.6% 67.4% Dublin North 62,917 69.0% 16,037 26,309 37.9% 62.1% Dublin North-Central 64,349 71.8% 14,302 30,815 31.7% 68.3% Dublin North-East 57,888 69.7% 14,329 25,220 36.2% 63.8% Dublin North-West 57,951 65.3% 12,485 24,251 34.0% 66.0% Dublin South 84,767 70.5% 15,976 42,424 27.4% 72.6% Dublin South-Central 63,316 64.4% 12,656 27,164 31.8% 68.2% Dublin South-East 68,366 58.9% 10,361 29,097 26.3% 73.7% Dublin South-West 69,654 61.9% 16,832 25,330 39.9% 60.1% Dublin West 57,755 65.0% 14,461 22,258 39.4% 60.6% Dún Laoghaire 85,924 68.7% 17,284 40,503 29.9% 70.1% Galway East 42,604 68.8% 10,364 16,832 38.1% 61.9% Galway West 78,539 63.7% 15,557 31,337 33.2% 66.8% Kerry North 48,606 69.6% 9,885 21,464 31.5% 68.5% Kerry South 44,034 70.1% 10,370 17,861 36.7% 63.3% Kildare 77,798 65.3% 19,187 29,873 39.1% 60.9% Laois–Offaly 77,226 70.2% 18,915 31,947 37.2% 62.8% Limerick East 71,004 68.6% 14,799 31,800 31.8% 68.2% Limerick West 44,768 71.3% 9,086 20,581 30.6% 69.4% Longford–Roscommon 60,452 74.9% 16,155 25,701 38.6% 61.4% Louth 65,666 67.3% 16,509 25,999 38.8% 61.2% Mayo East 43,392 68.0% 10,055 17,044 37.1% 62.9% Mayo West 43,407 68.4% 11,009 16,165 40.5% 59.5% Meath 77,900 66.0% 19,570 29,688 39.7% 60.3% Sligo–Leitrim 60,675 70.5% 14,817 24,887 37.3% 62.7% Tipperary North 42,633 74.9% 10,102 19,693 33.9% 66.1% Tipperary South 56,705 70.3% 12,713 24,952 33.7% 66.3% Waterford 63,692 67.7% 13,372 27,852 32.4% 67.6% Westmeath 46,128 67.0% 10,901 18,340 37.3% 62.7% Wexford 75,553 69.6% 18,421 31,371 37.0% 63.0% Wicklow 76,707 67.8% 18,324 31,693 36.6% 63.4% Total 2,542,841 68.2% 572,177 1,079,297 34.7% 65.3%

13th

Thirteenth Amendment of the Constitution of Ireland referendum

Choice	Votes	%
Yes	1,035,308	62.39
No	624,059	37.61
Valid votes	1,659,367	95.71
Invalid or blank votes	74,454	4.29
Total votes	1,733,821	100.00
Registered voters/turnout	2,542,841	68.18

Results by constituency

Results by constituency Constituency Electorate Turnout (%) Votes Proportion of votes Yes No Yes No Carlow–Kilkenny 81,192 69.2% 32,818 20,479 61.6% 38.4% Cavan–Monaghan 79,004 70.3% 28,116 23,680 54.3% 45.7% Clare 65,579 67.9% 25,918 16,171 61.6% 38.4% Cork East 58,160 71.9% 21,345 18,823 53.1% 46.9% Cork North-Central 68,209 66.6% 25,456 18,440 58.0% 42.0% Cork North-West 44,578 75.4% 15,524 16,171 49.0% 51.0% Cork South-Central 75,747 71.1% 33,876 18,437 64.8% 35.2% Cork South-West 44,627 73.8% 16,381 14,460 53.1% 46.9% Donegal North-East 46,934 67.2% 12,253 17,537 41.1% 58.9% Donegal South-West 48,494 62.1% 10,933 17,382 38.6% 61.4% Dublin Central 59,941 61.3% 21,957 13,617 61.7% 38.3% Dublin North 62,917 69.0% 32,687 9,758 77.0% 23.0% Dublin North-Central 64,349 71.7% 30,826 14,316 68.3% 31.7% Dublin North-East 57,888 69.6% 29,742 9,947 74.9% 25.1% Dublin North-West 57,951 65.3% 25,640 11,374 69.3% 30.7% Dublin South 84,767 70.4% 45,734 12,888 78.0% 22.0% Dublin South-Central 63,316 64.5% 27,987 12,015 70.0% 30.0% Dublin South-East 68,366 58.9% 27,966 11,417 71.0% 29.0% Dublin South-West 69,654 61.9% 32,154 10,077 76.1% 23.9% Dublin West 57,755 65.0% 26,112 10,682 71.0% 29.0% Dún Laoghaire 85,924 68.8% 46,769 11,269 80.6% 19.4% Galway East 42,604 68.9% 15,459 11,847 56.6% 43.4% Galway West 78,539 63.8% 30,048 17,308 63.4% 36.6% Kerry North 48,606 69.7% 16,732 14,951 52.8% 47.2% Kerry South 44,034 70.2% 16,028 12,464 56.3% 43.7% Kildare 77,798 65.3% 35,503 13,907 71.8% 28.2% Laois–Offaly 77,226 70.2% 28,903 22,213 56.5% 43.5% Limerick East 71,004 68.6% 28,774 18,143 61.3% 38.7% Limerick West 44,768 71.4% 15,289 14,508 51.3% 48.7% Longford–Roscommon 60,452 74.8% 23,079 18,953 54.9% 45.1% Louth 65,666 67.3% 25,330 17,335 59.4% 40.6% Mayo East 43,392 68.0% 15,094 12,232 55.2% 44.8% Mayo West 43,407 68.4% 16,332 11,140 59.4% 40.6% Meath 77,900 66.0% 32,099 17,434 64.8% 35.2% Sligo–Leitrim 60,675 70.5% 22,573 17,314 56.6% 43.4% Tipperary North 42,633 75.0% 16,103 13,872 53.7% 46.3% Tipperary South 56,705 70.3% 20,064 18,000 52.7% 47.3% Waterford 63,692 67.8% 25,879 15,589 62.4% 37.6% Westmeath 46,128 67.1% 16,494 12,892 56.1% 43.9% Wexford 75,553 69.6% 30,644 19,331 61.3% 38.7% Wicklow 76,707 67.9% 34,687 15,686 68.9% 31.1% Total 2,542,841 68.2% 1,035,308 624,059 62.4% 37.6%

14th

Fourteenth Amendment of the Constitution of Ireland referendum

Choice	Votes	%
Yes	992,833	59.88
No	665,106	40.12
Valid votes	1,657,939	95.70
Invalid or blank votes	74,494	4.30
Total votes	1,732,433	100.00
Registered voters/turnout	2,542,841	68.13

Results by constituency

Results by constituency Constituency Electorate Turnout (%) Votes Proportion of votes Yes No Yes No Carlow–Kilkenny 81,192 69.2% 31,463 21,684 59.2% 40.8% Cavan–Monaghan 79,004 70.2% 26,934 24,919 51.9% 48.1% Clare 65,579 67.9% 25,092 16,964 59.7% 40.3% Cork East 58,160 71.8% 20,924 19,102 52.3% 47.7% Cork North-Central 68,209 66.6% 24,266 19,689 55.2% 44.8% Cork North-West 44,578 75.4% 14,674 16,910 46.5% 53.5% Cork South-Central 75,747 71.1% 32,218 20,050 61.6% 38.4% Cork South-West 44,627 73.8% 15,562 15,197 50.6% 49.4% Donegal North-East 46,934 67.2% 12,395 17,538 41.4% 58.6% Donegal South-West 48,494 62.1% 11,797 16,446 41.8% 58.2% Dublin Central 59,941 61.3% 20,812 14,784 58.5% 41.5% Dublin North 62,917 69.0% 31,534 10,983 74.2% 25.8% Dublin North-Central 64,349 71.6% 29,253 15,815 64.9% 35.1% Dublin North-East 57,888 69.6% 28,623 11,036 72.2% 27.8% Dublin North-West 57,951 65.3% 24,485 12,474 66.3% 33.7% Dublin South 84,767 70.4% 43,613 15,018 74.4% 25.6% Dublin South-Central 63,316 64.1% 25,825 13,949 64.9% 35.1% Dublin South-East 68,366 58.8% 26,557 12,573 67.9% 32.1% Dublin South-West 69,654 61.9% 31,009 11,173 73.5% 26.5% Dublin West 57,755 64.9% 26,235 10,478 71.5% 28.5% Dún Laoghaire 85,924 68.8% 44,009 14,001 75.9% 24.1% Galway East 42,604 66.5% 14,885 12,487 54.4% 45.6% Galway West 78,539 63.8% 28,761 18,515 60.8% 39.2% Kerry North 48,606 69.6% 15,875 15,683 50.3% 49.7% Kerry South 44,034 70.1% 15,389 13,058 54.1% 45.9% Kildare 77,798 65.3% 33,425 15,935 67.7% 32.3% Laois–Offaly 77,226 70.2% 27,552 23,624 53.8% 46.2% Limerick East 71,004 68.6% 27,100 19,823 57.7% 42.3% Limerick West 44,768 71.3% 14,629 15,165 49.1% 50.9% Longford–Roscommon 60,452 75.1% 22,402 19,686 53.2% 46.8% Louth 65,666 67.3% 24,356 18,260 57.2% 42.8% Mayo East 43,392 68.0% 14,434 12,857 52.9% 47.1% Mayo West 43,407 68.4% 15,838 11,544 57.8% 42.2% Meath 77,900 66.0% 30,493 18,978 61.6% 38.4% Sligo–Leitrim 60,675 70.4% 21,659 18,164 54.4% 45.6% Tipperary North 42,633 75.1% 15,403 14,614 51.3% 48.7% Tipperary South 56,705 70.3% 20,144 17,878 53.0% 47.0% Waterford 63,692 68.1% 25,661 15,971 61.6% 38.4% Westmeath 46,128 67.0% 15,874 13,447 54.1% 45.9% Wexford 75,553 69.6% 28,384 21,530 56.9% 43.1% Wicklow 76,707 67.8% 33,289 17,104 66.1% 33.9% Total 2,542,841 68.1% 992,833 665,106 59.9% 40.1%

Later developments

The legislation anticipated by the Fourteenth Amendment was provided for in the Regulation of Information (Services Outside the State For Termination of Pregnancies) Act 1995. This bill was referred by the President to the Supreme Court prior to its enactment, which upheld it as constitutional, having assigned counsel to argue that it provided inadequate protection to the life of the unborn, and counsel to argue that it provided inadequate protection to the rights of a woman. It was found to be constitutional and signed into law on 12 May 1995.

No legislation was enacted in the aftermath of the defeated 12th referendum. In 2002, the proposed Twenty-fifth Amendment would have similarly excluded the risk of suicide as grounds for an abortion. On this occasion, the government proposal did have the support of the Pro Life Campaign. This too was rejected in a referendum, but by a much narrower margin.

The European Court of Human Rights found against the state in A, B and C v Ireland (2010). The government responded to this with the enactment of the Protection of Life During Pregnancy Act 2013, which provided for abortion in the cases where there was a risk to the life of the woman, including from a risk of suicide.

Repeal

On 25 May 2018, the Thirty-sixth Amendment of the Constitution was passed by referendum. It was enacted on 18 September 2018, replacing the previous text of Article 40.3.3° with:

3° Provision may be made by law for the regulation of termination of pregnancy.

See also

• C Case

Further reading

• Mercereau, Jean (2007). "Public Representations of a Private Choice: Irish Daily Newspapers and the Referenda on Abortion of 1992 and 2002" (PDF). Irish Studies in Europe. 1: 151–159.
• Cacciaguidi-Fahy, Sophie (2005). "The substantive Issue and the Rhetoric of the Abortion Debate in Ireland". In Wagner, Anne; Summerfield, Tracey; Benavides Vanegas, Farid Samir (eds.). Contemporary Issues of the Semiotics of Law. Oxford: Hart Publishing. p. 154. ISBN 1841135453. Retrieved 26 May 2018.

External links

• Referendum (Amendment) (No. 2) Act, 1992
• Full text of the Constitution of Ireland
• Thirteenth Amendment of the Constitution Act 1992
• Oireachtas Debate: Thirteenth Amendment of the Constitution Bill 1992
• Fourteenth Amendment of the Constitution Act 1992
• Regulation of Information (Services Outside the State For Termination of Pregnancies) Act 1995
• Oireachtas Debates: Fourteenth Amendment of the Constitution Bill 1992