Poll on Eighth Amendment is most urgent of several referendums

Over the next two years a series of potential amendments to the Constitution will be put to voters for consideration.

The most significant and fundamental of these will be on whether the Eighth Amendment to the Constitution - which gives an equal right to life to the mother and the unborn child - should be retained, repealed or amended.

Others include whether the role of the woman in the home should be defined in the Constitution and whether blasphemy should still be considered an offence.

Some of the votes will be held alongside the presidential election next year should one take place, and others will be scheduled alongside the local and European elections in 2019.

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Each referendum will cost €12-€14 million to hold, with an additional €2 million for the Referendum Commission.

Here is a snapshot of the questions the electorate will be asked to consider.

Retain, repeal or amend the Eighth Amendment:

When? May/June 2018

Perhaps the most significant matter that voters will be asked to consider is whether Article 43.3 of the Constitution should be retained, removed or amended.

The decision to hold a referendum follows recommendations from the Citizens’ Assembly, which examined this issue and recommended that abortion be permitted in the State in a wide range of circumstances.

Its report has been forwarded to an Oireachtas committee which is due to compile a final report by December.

The recommendations of the committee will be legislated for by the Minister for Health and then put to the public by way of a referendum.

During the campaign, the Government or indeed Fianna Fáil is unlikely to take a firm position on either side.

Referendum to remove blasphemy as an offence:

When? October 2018

Voters will be asked whether Article 40.6.1 (i) should be retained in the Constitution. Blasphemy is defined as “matter that is grossly abusive or insulting in relation to matters held sacred by any religion, thereby causing outrage among a substantial number of the adherents of that religion”.

The Defamation Act 2009 made blasphemy a crime punishable by a €25,000 fine. As far back as 1991, the Law Reform Commission recommended that the offence of blasphemy be removed from the Constitution. The law came to prominence earlier this year when a Garda inquiry began after a complaint was made over British actor and comedian Stephen Fry making critical comments about God during an interview on RTÉ. No prosecution was brought in the case.

Voters will be asked whether it remains valid to retain such an offence in the Constitution.

Referendum on women’s place in the home:

When? October 2018

Article 41.2 of the Constitution prioritises a woman’s domestic role over work.

The Constitution says the State “recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved”. It continues: “The State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home.”

The Constitutional Convention examined this issue and reported to the Government in 2013. Some 88 per cent of members of the convention voted against its inclusion in the Constitution. Meanwhile, 98 per cent voted in favour of amending the wording to render it gender-neutral. It was also proposed to include other carers both “in the home” and “beyond the home”.

The Department of Justice established a working group to examine the convention’s findings and it put forward two options for amendment. It also proposed the department examine provisions on gender equality and gender-inclusive language in the Constitution.

What remains to be decided by the Government is the form and wording of the amendment.

Referendum to allow for directly elected mayors:

When? October 2018

The question to be posed is simple - should Irish people directly elect their mayors? This referendum will be held in October 2018.

What is unclear is whether this will be applicable solely to Dublin or whether this will be expanded to other cities including Waterford, Limerick and Cork.

It is not yet known whether a directly elected mayor would have delegated functions or executive powers. This is yet to be outlined by the Government.

Referendum on giving Oireachtas committee more powers:

When? Late 2018

The inclusion of this proposed referendum came as a surprise to many. A similar referendum was run in 2011 but was defeated.

The Oireachtas banking inquiry reported in 2014 and recommended strengthening the powers allocated to Oireachtas committees. The Attorney General has been consulting with the Department of Public Expenditure and Reform on the issue. It has yet to report and this is unlikely to be before early 2018.

The Government believes a referendum may be required, and if so it could be held in the second half of next year.

Referendum to reduce the divorce term:

When? 2019

This will ask voters whether the term after which divorce can be sought should remain at four years or be reduced to two. This was first proposed by former minister for justice Alan Shatter. The Government has accepted a Bill from Fine Gael TD Josepha Madigan and a referendum will now be held.

Referendum to extend voting rights to emigrants:

When? 2019

A question will be posed as to whether Irish citizens living abroad should be allowed to vote in presidential elections.

Referendum to reduce the voting age:

When? 2019

The Government will ask whether people aged 16 should become entitled to vote.