Fourteenth_Amendment_of_the_Constitution_of_Ireland
The Fourteenth Amendment of the Constitution Act 1992 (previously bill no. 26 of 1992) is an amendment to the Constitution of Ireland which specified that the protection of the right to life of the unborn did not limit the right to distribute information about services in foreign countries. It was one of three referendums on abortion held on 25 November 1992. It was approved and signed into law on 23 December of the same year.
 | It has been suggested that this article be merged with Twelfth Amendment of the Constitution Bill 1992 and Thirteenth Amendment of the Constitution of Ireland to November 1992 Irish constitutional referendums. (Discuss) Proposed since February 2024. |
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To specify that the prohibition of abortion would not limit the right to distribute information about abortion services in foreign countries | ||||||||||||||||||||||
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On 25 May 2018, a referendum was passed to replace the provision on the right to life of the unborn with a clause allowing legislation on the termination of pregnancy.
In 1983, the Eighth Amendment of the Constitution was approved in a referendum, inserting Article 40.3.3°:
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.
On the same day, two referendums were held in response to aspects of the Supreme Court decision in the X Case decided in March 1992: the Twelfth Amendment which would have excluded the risk of suicide as grounds for an abortion, which was defeated, and the Thirteenth Amendment, to permit travel outside of the state to obtain an abortion, which was approved. These three referendums were held on the same day as the 1992 general election.
Insertion of a new paragraph in Article 40.3.3°:
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.
The subsection relating to abortion had originally been added with the Eighth Amendment in 1983. With the approval of the Thirteenth Amendment and the Fourteenth Amendment, the full text of Article 40.3.3° was:
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.
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.[1] 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—The provision of such information and counselling may be regulated by law.
- 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.
This was defeated at Second Stage the following day by 62 votes to 67.[2]
The Fourteenth Amendment was proposed in the Dáil by Minister for Justice Pádraig Flynn on 21 October 1992.[3] It was passed in the Dáil on 22 October and in the Seanad on 30 October.[4][5] It proceeded to a referendum on 25 November.
| 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 |
| 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% |
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.
On 25 May 2018, the Thirty-sixth Amendment of the Constitution was passed by referendum.[8] It was enacted on 18 September 2018, replacing the previous text of Article 40.3.3° with:[9]
3° Provision may be made by law for the regulation of termination of pregnancy.
- "Private Members' Business. - Eleventh Amendment of the Constitution Bill, 1992: Second Stage". Houses of the Oireachtas. 12 May 1992. Archived from the original on 30 May 2018. Retrieved 29 May 2018.
- "Eleventh Amendment of the Constitution Bill, 1992: Second Stage (Resumed)". Houses of the Oireachtas. 13 May 1992. Archived from the original on 29 May 2018. Retrieved 29 May 2018.
- "Fourteenth Amendment of the Constitution Bill, 1992: Second Stage". Houses of the Oireachtas. 21 October 1992. Archived from the original on 29 May 2018. Retrieved 29 May 2018.
- "Fourteenth Amendment of the Constitution Bill, 1992: Committee Stage (Resumed) and Final Stages". Houses of the Oireachtas. 22 October 1992. Archived from the original on 30 May 2018. Retrieved 29 May 2018.
- "Fourteenth Amendment of the Constitution Bill, 1992: Committee and Final Stages". Houses of the Oireachtas. 30 October 1992. Archived from the original on 29 May 2018. Retrieved 29 May 2018.
- "Referendum Results" (PDF). Department of Housing, Planning and Local Government. p. 50. Archived (PDF) from the original on 22 January 2023. Retrieved 5 February 2024.
- "Referendum on the Fourteenth Amendment of the Constitution Bill, 1992 – Information". Referendum Returning Officer. Retrieved 5 February 2024.
- "Referendum on the Thirty-sixth Amendment of the Constitution Bill 2018 – regulation of termination of pregnancy". Referendum Returning Officer. Retrieved 5 February 2024.
- Thirty-sixth Amendment of the Constitution, Schedule (, Schedule). Enacted on 18 September 2018. Amendment to the Constitution of Ireland. Retrieved from Irish Statute Book.