1968 Irish constitutional referendums

Two referendums, related to the Third and Fourth Amendment of the Constitution Bills, were held in Ireland on 16 October 1968, each on a proposed amendment of the Irish constitution relating to the electoral system.^[1] Both proposals were rejected.

The Third Amendment of the Constitution of Ireland Bill 1968 define the apportionment of constituency boundaries in a manner which would have allowed a greater degree of divergence of the ratio between population and constituencies.^[2]

The Fourth Amendment of the Constitution of Ireland Bill 1968 proposed to alter the electoral system for elections to Dáil Éireann from proportional representation by means of the Single transferable vote to the First-past-the-post voting system.^[3]

Background

Elections to Dáil Éireann, the house of representatives in the Oireachtas, are governed by Article 16 of the Constitution.^[4]

In 1959, the Fianna Fáil government of Éamon de Valera put the Third Amendment of the Constitution Bill to a referendum, which proposed to replace the electoral system of proportional representation by means of the single transferable vote (PR-STV) with first-past-the-post (FPTP). The referendum was defeated by 51.8% to 48.8%, on the same day on which de Valera had won the presidential election.

John O'Donovan, a former Fine Gael TD, challenged the Electoral (Amendment) Act 1959, which had been proposed by a previous Fianna Fáil government, on the basis that there were "grave inequalities" with "no relevant circumstances to justify" them.^[5] In O'Donovan v. Attorney-General (1961), Gardner Budd held for the High Court that the Act was unconstitutional. The court, interpreting the "so far as it is practicable" condition of the Constitution, suggested a 5% variation as the limit without exceptional circumstances.^[6]

In 1968, the Fianna Fáil government of Jack Lynch proposed two constitutional amendments on the electoral system for election to Dáil Éireann: the Third Amendment of the Constitution Bill, which would have allowed for greater divergence in the ratio of population to constituencies, and the Fourth Amendment of the Constitution Bill, a second proposal to introduce FPTP voting in single-member constituencies. The opposition parties Fine Gael and Labour Party described the two bills in 1968 as a combined attempt by Fianna Fáil to rig the electoral system in its favour.

Oireachtas debate

The third bill was proposed in the Dáil by Taoiseach Jack Lynch on 21 February 1968.^[7] It passed its Second Reading on 3 April by 72 votes to 59.^[8] It passed final stages in the Dáil on 20 June.^[9] On 30 July 1968, it passed final stages in the Seanad by 26 votes to 17.^[10] Referendums on both the Third Amendment Bill and the Fourth Amendment Bill were held on 16 October 1968.

The fourth bill to amend the constitution was also Lynch on 21 February 1968.^[11] It was opposed by Fine Gael and the Labour Party. On 3 July, it passed final stages in the Dáil by 66 to 56.^[12] On 30 July 1968, it passed final stages in the Seanad by 25 to 18.^[13][14]

Proposed changes to the text

The third bill proposed to change the text of Article 16.2.3° from:^[15]

The ratio between the number of members to be elected at any time for each constituency and the population of each constituency, as ascertained at the last preceding census, shall, so far as it is practicable, be the same throughout the country.

to:^[16]

A determination of constituencies shall be so effected that if with respect to each of the constituencies, the number of members to be elected for it is divided into its population (as ascertained at the census immediately preceding the determination) none of the quotients shall be greater, or less, than the average obtained by dividing the total population, as ascertained at the immediately preceding census, by the total number of members of Dáil Éireann by more than one-sixth of that average.

A determination of constituencies shall not be effected during a period beginning on the date of a census and ending on the date of the publication of the relevant results (not being provisional results) thereof, and, if the latest time for effecting such a determination falls during such a period and the determination is not effected before the period begins, it shall, notwithstanding anything in this Article, be effected as soon as may be after the period ends.

Subject to the foregoing requirement of this sub-section, regard shall be had at a determination of constituencies to the extent and accessibility of constituencies and the need for securing convenient areas of representation and, subject to those considerations, to the desirability of avoiding the overlapping by constituencies of the boundaries of Administrative Counties (other than boundaries between those Counties and County Boroughs).

Voter information

In the information supplied to voters, the subject matter of the referendum was described as follows:^[17]

The Third Amendment of the Constitution Bill, 1968, proposes – that in forming Dáil constituencies, the population per deputy in any case may not be greater or less than the national average by more than one-sixth and that regard must be had to the extent and accessibility of constituencies, the need for having convenient areas of representation and the desirability of avoiding the over-lapping of county boundaries.

The Fourth Amendment of the Constitution Bill, 1968, proposes –

1. To substitute for the present system of voting at Dáil elections the "straight vote" system in single-member constituencies;
2. To establish a Commission to determine constituencies, subject to the right of the Dáil to amend the constituencies as so determined; and
3. To provide that whenever the Dáil is dissolved the outgoing Ceann Comhairle may be returned, without a contest, as a second deputy for a constituency chosen by him which consists of, or includes a part of, the constituency he represented before the dissolution.

Result

Third amendment bill

Third Amendment of the Constitution of Ireland Bill 1968^[18][19]

Choice	Votes	%
No	656,803	60.76
Yes	424,185	39.24
Valid votes	1,080,988	95.71
Invalid or blank votes	48,489	4.29
Total votes	1,129,477	100.00
Registered voters/turnout	1,717,389	65.77

Results by constituency

Results by constituency[18] Constituency Electorate Turnout (%) Votes Proportion of votes Yes No Yes No Carlow–Kilkenny 58,039 71.4% 15,552 23,397 39.9% 60.1% Cavan 33,996 70.8% 9,706 13,225 42.3% 57.7% Clare 48,008 62.7% 14,323 13,996 50.6% 49.4% Cork Borough 59,607 66.2% 14,954 23,229 39.2% 60.8% Cork Mid 51,423 72.2% 14,446 21,326 40.4% 59.6% Cork North-East 59,515 70.9% 16,789 23,649 41.5% 58.5% Cork South-West 34,625 69.9% 8,823 14,121 38.5% 61.5% Donegal North-East 34,698 66.6% 11,440 10,658 51.8% 48.2% Donegal South-West 35,596 62.2% 10,744 10,340 51.0% 49.0% Dublin County 77,837 63.4% 15,755 32,073 32.9% 67.1% Dublin North-Central 37,771 57.9% 5,804 15,353 27.4% 72.6% Dublin North-East 80,453 65.9% 15,888 36,150 30.5% 69.5% Dublin North-West 41,984 61.0% 7,429 17,656 29.6% 70.4% Dublin South-Central 52,371 57.6% 8,407 20,696 28.9% 71.1% Dublin South-East 41,190 63.9% 7,557 18,240 29.3% 70.7% Dublin South-West 57,590 59.6% 9,726 23,633 29.2% 70.8% Dún Laoghaire and Rathdown 62,723 63.4% 11,677 27,349 29.9% 70.1% Galway East 53,105 62.6% 14,716 16,643 46.9% 53.1% Galway West 33,722 52.7% 8,652 8,477 50.5% 49.5% Kerry North 34,785 64.1% 9,264 11,880 43.8% 56.2% Kerry South 35,323 66.1% 10,706 11,535 48.1% 51.9% Kildare 46,099 66.9% 11,607 17,906 39.3% 60.7% Laois–Offaly 55,879 66.9% 14,163 21,345 39.9% 60.1% Limerick East 46,883 67.2% 11,245 18,701 37.6% 62.4% Limerick West 33,546 72.4% 11,253 11,905 48.6% 51.4% Longford–Westmeath 43,795 67.8% 10,714 17,309 38.2% 61.8% Louth 37,781 66.9% 9,738 14,495 40.2% 59.8% Mayo North 30,802 53.8% 7,220 8,497 45.9% 54.1% Mayo South 41,324 62.2% 10,604 13,963 43.2% 56.8% Meath 36,192 68.5% 9,499 14,037 40.4% 59.6% Monaghan 32,580 69.8% 8,744 12,862 40.5% 59.5% Roscommon 42,971 69.2% 11,637 16,243 41.7% 58.3% Sligo–Leitrim 42,362 65.8% 11,101 15,000 42.5% 57.5% Tipperary North 34,076 70.9% 9,606 13,179 42.2% 57.8% Tipperary South 46,045 74.0% 14,803 17,534 45.8% 54.2% Waterford 37,519 69.7% 10,360 14,551 41.6% 58.4% Wexford 48,050 69.6% 11,433 20,542 35.8% 64.2% Wicklow 37,124 65.3% 8,100 15,108 34.9% 65.1% Total 1,717,389 65.8% 424,185 656,803 39.2% 60.8%

Fourth amendment bill

Fourth Amendment of the Constitution of Ireland Bill 1968^[20][21]

Choice	Votes	%
No	657,898	60.84
Yes	423,496	39.16
Valid votes	1,081,394	95.73
Invalid or blank votes	48,212	4.27
Total votes	1,129,606	100.00
Registered voters/turnout	1,717,389	65.77

Results by constituency

Results by constituency[20] Constituency Electorate Turnout (%) Votes Proportion of votes Yes No Yes No Carlow–Kilkenny 58,039 71.4% 15,253 23,174 39.7% 60.3% Cavan 33,996 70.7% 9,710 13,318 42.2% 57.8% Clare 48,008 62.6% 14,193 14,131 50.1% 49.9% Cork Borough 59,607 66.3% 14,784 23,448 38.7% 61.3% Cork Mid 51,423 72.2% 14,337 21,440 40.1% 59.9% Cork North-East 59,515 70.9% 16,784 23,659 41.5% 58.5% Cork South-West 34,625 69.9% 8,691 14,281 37.8% 62.2% Donegal North-East 34,698 66.7% 11,414 10,701 51.6% 48.4% Donegal South-West 35,596 62.2% 10,692 10,397 50.7% 49.3% Dublin County 77,837 63.3% 15,820 31,999 33.1% 66.9% Dublin North-Central 37,771 57.9% 5,877 15,187 27.9% 72.1% Dublin North-East 80,453 65.9% 16,147 36,010 31.0% 69.0% Dublin North-West 41,984 61.1% 7,467 17,633 29.7% 70.3% Dublin South-Central 52,371 57.6% 8,449 20,790 28.9% 71.1% Dublin South-East 41,190 63.9% 7,726 18,044 30.0% 70.0% Dublin South-West 57,590 59.6% 9,667 23,780 28.9% 71.1% Dún Laoghaire and Rathdown 62,723 63.4% 11,875 27,135 30.4% 69.6% Galway East 53,105 62.6% 14,713 16,708 46.8% 53.2% Galway West 33,722 52.7% 8,606 8,574 50.1% 49.9% Kerry North 34,785 64.1% 9,246 11,887 43.8% 56.2% Kerry South 35,323 66.1% 10,698 11,605 48.0% 52.0% Kildare 46,099 66.9% 11,560 17,883 39.3% 60.7% Laois–Offaly 55,879 66.9% 14,128 21,433 39.7% 60.3% Limerick East 46,883 67.3% 11,190 18,793 37.3% 62.7% Limerick West 33,546 72.4% 11,272 11,908 48.6% 51.4% Longford–Westmeath 43,795 67.8% 10,674 17,414 38.0% 62.0% Louth 37,781 66.9% 9,785 14,453 40.4% 59.6% Mayo North 30,802 53.8% 7,167 8,556 45.6% 54.4% Mayo South 41,324 62.2% 10,513 14,025 42.8% 57.2% Meath 36,192 68.5% 9,500 14,084 40.3% 59.7% Monaghan 32,580 69.8% 8,645 12,925 40.1% 59.9% Roscommon 42,971 69.2% 11,635 16,299 41.7% 58.3% Sligo–Leitrim 42,362 65.8% 11,034 15,097 42.2% 57.8% Tipperary North 34,076 71.0% 9,600 13,217 42.1% 57.9% Tipperary South 46,045 74.0% 14,749 17,712 45.4% 54.6% Waterford 37,519 69.8% 10,353 14,555 41.6% 58.4% Wexford 48,050 69.6% 11,411 20,588 35.7% 64.3% Wicklow 37,124 65.3% 8,131 15,055 35.1% 64.9% Total 1,717,389 65.8% 423,496 657,898 39.2% 60.8%

See also

• Constitutional amendment
• Politics of the Republic of Ireland
• History of the Republic of Ireland

References

1. "Referendum On Proportional Representation". RTÉ Archives. Retrieved 2 February 2024.
2. "Referendum on the Third Amendment of the Constitution Bill, 1968 - Formation of Dáil Constituencies". referendum.ie. Retrieved 2 February 2024.
3. "Referendum on the Fourth Amendment of the Constitution Bill, 1968 - Voting System". referendum.ie. Retrieved 2 February 2024.
4. "Constitution of Ireland, Article 16". Archived from the original on 23 April 2022. Retrieved 21 April 2018.
5. Coakley, John. "Constituency boundary revision and seat redistribution in the Irish parliamentary tradition" (PDF). Administration. 28 (3). Dublin: Institute of Public Administration: 305–7.^{[permanent dead link‍]}
6. "O'Donovan v. Attorney General". Irish Reports: 114. 1961.
7. "Third Amendment of the Constitution Bill, 1968: First Stage". 21 February 1968. Archived from the original on 11 August 2022. Retrieved 21 April 2018.
8. "Third Amendment of the Constitution Bill, 1968: Second Stage (Resumed)". 3 April 1968. Archived from the original on 24 May 2018. Retrieved 21 April 2018.
9. "Third Amendment of the Constitution Bill, 1968: Report Stage (resumed) and Final Stage". 20 June 1968. Archived from the original on 4 November 2019. Retrieved 21 April 2018.
10. "Third Amendment of the Constitution Bill, 1968: Final Stage". 30 July 1968. Archived from the original on 22 October 2019. Retrieved 21 April 2018.
11. "Fourth Amendment of the Constitution Bill, 1968: First Stage". 21 February 1968. Archived from the original on 20 May 2018. Retrieved 21 April 2018.
12. "Fourth Amendment of the Constitution Bill, 1968: Fifth Stage (Resumed)". 3 July 1968. Archived from the original on 4 November 2019. Retrieved 21 April 2018.
13. "Fourth Amendment of the Constitution Bill, 1968: Final Stage". 30 July 1968. Archived from the original on 22 October 2019. Retrieved 21 April 2018.
14. "Fourth Amendment of the Constitution Bill, 1968: Passed by both Houses of the Oireachtas" (PDF). Oireachtas. 30 July 1968. Retrieved 4 February 2024.
15. "Constitution of Ireland". Irish Statute Book. pp. Article 16.2.3°. Archived from the original on 23 April 2022. Retrieved 15 April 2015.
16. "Third Amendment of the Constitution Bill, 1968: Passed by both Houses of the Oireachtas" (PDF). Oireachtas. 30 July 1968. Archived (PDF) from the original on 3 February 2024. Retrieved 3 February 2024.
17. Referendum (Amendment) Act 1968, s. 1: Constitutional referenda in relation to Third Amendment of the Constitution Bill, 1968, and Fourth Amendment of the Constitution Bill, 1968 (Appendix) (No. 34 of 1968, s. 1). Enacted on 6 August 1968. Act of the Oireachtas. Retrieved from Irish Statute Book.
18. "Referendum Results" (PDF). Department of Housing, Planning and Local Government. p. 22. Archived (PDF) from the original on 22 January 2023. Retrieved 3 February 2024.
19. "Referendum on the Third Amendment of the Constitution Bill, 1968 – Formation of Dáil Constituencies". Referendum Returning Officer. Archived from the original on 2 February 2024. Retrieved 3 February 2024.
20. "Referendum Results" (PDF). Department of Housing, Planning and Local Government. p. 24. Archived (PDF) from the original on 22 January 2023. Retrieved 4 February 2024.
21. "Referendum on the Fourth Amendment of the Constitution Bill, 1968 – Voting System". Referendum Returning Officer. Archived from the original on 2 February 2024. Retrieved 3 February 2024.

Sources

• "Third Amendment of the Constitution Bill 1968 (Bill 5 of 1968)". Oireachtas debates. Retrieved 1 February 2020.
• "Fourth Amendment of the Constitution Bill 1968 (Bill 6 of 1968)". Oireachtas. Retrieved 1 February 2020.