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60-688: The Twenty-eighth Amendment of the Constitution (Treaty of Lisbon) Act 2009 (previously bill no. 49 of 2009) is an amendment of the Constitution of Ireland which permitted the state to ratify the Treaty of Lisbon of the European Union . It was approved by referendum on 2 October 2009 (sometimes known as the second Lisbon referendum ). The amendment was approved by the Irish electorate by 67.1% to 32.9%, on

120-710: A statute . The word bill is mainly used in English-speaking nations formerly part of the British Empire whose legal systems originated in the common law of the United Kingdom , including the United States . The parts of a bill are known as clauses , until it has become an act of parliament, from which time the parts of the law are known as sections . In nations that have civil law systems (including France , Belgium , Luxembourg , Spain and Portugal ),

180-566: A public bill committee ; after that it became House of Lords Bill 33. Then it became House of Lords Bill 77, returned to the House of Commons as Bill 160, before finally being passed as Act 29. Parliament recommences numbering from one at the beginning of each session. This means that two different bills may have the same number. Sessions of parliament usually last a year. They begin with the State Opening of Parliament , and end with prorogation . In

240-512: A second referendum after the first vote rejected it by a narrow margin in 2001. EU member states later issued a set of guarantees to the Irish government, indicating that the Lisbon treaty would not effect changes regarding taxation, military activity, or abortion in Ireland, which led to a second referendum Before the amendment, the wording of Article 29.4 of the Constitution of Ireland was: 2° For

300-503: A law to be made it starts off as a bill and has to go through various stages: In the United Kingdom, a proposed new law starts off as a bill that goes through seven stages of the legislative process: first reading, second reading, committee stage, report stage, third reading, opposite house, and royal assent. A bill is introduced by a member of Parliament (MP) in the House of Commons or by

360-493: A member of the House of Lords . There will be a first reading of the bill, in which the proposition in the bill is read out, but there is minimal discussion and no voting. A second reading of the bill follows, in which the bill is presented in more detail and it is discussed between the MPs or Lords. The third stage is the committee stage , in which a committee is gathered. This may include MPs, Lords, professionals and experts in

420-543: A proposed law is known as a "law project" (Fr. projet de loi ) if introduced by the government, or a "law proposition" (Fr. proposition de loi ) if a private member's bill . Some legislatures do not make this terminological distinction (for example the Dutch parliament uses wetsontwerp and wetsvoorstel interchangeably). Bills generally include titles , enacting provisions , statements of intent , definitions , substantive provisions , transitional clauses , and dates which

480-470: A sequential number and are prefixed with "Republic Act" or "R.A." for short. They are also given a secondary sequential number by the chamber they are introduced in. Aforementioned numberings restart every three years after the formation of a new Congress. In the United Kingdom, for example, the Coroners and Justice Act in 2009 started as Bill 9 in the House of Commons. Then it became Bill 72 on consideration by

540-537: A turnout of 59%. The amendment's enactment followed the failure of a previous attempt which was rejected in the first Lisbon referendum , held in June 2008. The successful referendum in 2009 represented a swing of 20.5% to the "Yes" side, from the result in 2008. Following the referendum, Dáil Éireann (the lower house of parliament) gave its approval to the Treaty on 8 October 2009. The President of Ireland Mary McAleese signed

600-410: Is a proposal for a new law, or a proposal to substantially alter an existing law. A bill does not become law until it has been passed by the legislature and, in most cases, approved by the executive . Bills are introduced in the legislature and are there discussed, debated on, and voted upon. Once a bill has been enacted into law by the legislature, it is called an act of the legislature , or

660-471: Is divided into year-long periods called sessions . Referendum Commission In McKenna v. An Taoiseach (No. 2) (1995), the Supreme Court of Ireland upheld a challenge from Patricia McKenna to public expenditure to promote a Yes vote in the constitutional referendum on divorce . The Referendum Act 1998 provided for the establishment of a commission for each referendum to provide information about

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720-456: Is the third reading of the bill, in which the full bill is read out in the house along with all amendments and is given final approval by the House. The next stage is where the bill is handed over to the opposite house for approval. (If it started in the House of Commons it will be handed to the House of Lords and vice versa.) Here the bill will go through the same process as before, with amendments able to be brought. If amendments are brought,

780-665: Is typically promulgated by being published in an official gazette . This may be required on enactment, coming into force, or both. Legislatures may give bills numbers as they progress. Bills are not given numbers in Australia and are typically cited by their short titles . They are only given an act number upon royal assent . In Brazil, bills originating in both the Senate and the Chamber of Deputies are numbered sequentially, prefixed with "PL" ( Projeto de Lei ) and optionally suffixed with

840-615: The Federal Constitutional Court has discretion to rule on bills. Some bills may require approval by referendum . In Ireland this is obligatory for bills to amend the constitution ; it is possible for other bills via a process that has never been used . A bill may come into force as soon as it becomes law, or it may specify a later date to come into force, or it may specify by whom and how it may be brought into force; for example, by ministerial order . Different parts of an act may come into force at different times. An act

900-404: The House of Commons of Canada , the pro forma bill is numbered C-1, Government Bills are numbered C-2 to C-200, numbered sequentially from the start of each parliamentary session , and Private member's bills are numbered C-201 to C-1000, numbered sequentially from the start of each Parliament. The numbering system is identical in the Senate of Canada , except that bills first introduced in

960-660: The Labour Party , said it was both "sensible" and "necessary". President of the European Commission José Manuel Barroso said the vote ensured it was "a great day" for both Ireland and Europe. President of the European Parliament Jerzy Buzek stated that work would now get underway "to overcome the difficulties" that remained. Declan Ganley , Libertas leader, said the unexpectedly high Yes vote demonstrated "how scared people are" of

1020-520: The Oireachtas and Knesset respectively became/become law immediately (though, in Israel's case, the laws are ceremonially signed after their passage by the president). In parliamentary systems , approval of the head of state is normally a formality since the head of state is a ceremonial figurehead. The exercise of the veto is considered a reserve power and is typically only used in rare circumstances, and

1080-717: The Ombudsman , the Clerk of Dáil Éireann and the Clerk of Seanad Éireann . In the event any of those offices were vacant, the 1998 Act provided that the following be appointed respectively instead: Secretary and Director of Audit of the Office of the Comptroller and Auditor General, Director of the Office of the Ombudsman, Clerk Assistant of Dáil Éireann, Clerk Assistant of Seanad Éireann. The members of

1140-530: The Privy Council of Ireland and Privy Council of England , so in practice each bill was substantively debated as "heads of a bill", then submitted to the privy councils for approval, and finally formally introduced as a bill and rejected or passed unamended. In the Westminster system , where the executive is drawn from the legislature and usually holds a majority in the lower house, most bills are introduced by

1200-601: The United Kingdom Independence Party , said the process had been no different from "a corrupt election in Zimbabwe or Afghanistan ". Bruce Arnold , a columnist with the Irish Independent , said the damage done to the disenfranchised by the "tainted outcome" of the referendums would "not be easily fixed". Subsequent to the referendum, the following formalities were observed: Bill (law) A bill

1260-463: The "dishonourable and depressing" Yes campaign. Richard Greene of Cóir promised the war against the Treaty would continue despite the second result, saying Cóir was "extremely disappointed that the voice of the people was not heard the first time around". Václav Klaus , President of the Czech Republic , described the vote as "tarnished since this is a repeated referendum". Nigel Farage , leader of

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1320-625: The 25th day of March 1957). The State may ratify the Single European Act (signed on behalf of the Member States of the Communities at Luxembourg on the 17th day of February 1986, and at the Hague on the 28th day of February 1986). 4° The State may ratify the Treaty on European Union signed at Maastricht on the 7th day of February 1992, and may become a member of that Union. 5° The State may ratify

1380-642: The European Union requires an amendment to the Constitution of Ireland . All constitutional amendments require approval by referendum. A referendum on the Treaty establishing a Constitution for Europe of the European Union was expected to be held in 2005 or 2006 but was cancelled following the rejection of the Constitution by voters in France in May 2005 and in the Netherlands in June 2005 . The Treaty of Lisbon represents

1440-662: The European-wide political compromise that was agreed upon in the wake of the rejection of the Constitution. It preserves most of the content of the Constitution, especially the new rules on the functioning of the European Institutions, but gives up any symbolic reference to a Constitution. (See Treaty of Lisbon compared to the European Constitution .) The 'Twenty-eighth Amendment of the Constitution Bill 2008'

1500-581: The Senate of Canada begin with "S" instead of "C". In the Irish Oireachtas , bills are numbered sequentially from the start of each calendar year. Bills originating in the Dáil and Seanad share a common sequence. There are separate sequences for public and private bills, the latter prefixed with "P". Although acts to amend the constitution are outside the annual sequence used for other public acts, bills to amend

1560-566: The State which are necessitated by the obligations of membership of the European Union or of the Communities, or prevents laws enacted, acts done or measures adopted by the European Union or by the Communities or by institutions thereof, or by bodies competent under the Treaties establishing the Communities, from having the force of law in the State. The Twenty-eighth Amendment amended the text of subsection 3° to read: Subsections 4° to 11° were deleted and

1620-521: The State, before, on or after the entry into force of the Treaty of Lisbon, that are necessitated by the obligations of membership of the European Union referred to in subsection 5 of this section or of the European Atomic Energy Community, or prevents laws enacted, acts done or measures adopted by— from having the force of law in the State. 7° The State may exercise the options or discretions— but any such exercise shall be subject to

1680-462: The Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts signed at Amsterdam on the 2nd day of October 1997. 6° The State may exercise the options or discretions provided by or under Articles 1.11, 2.5 and 2.15 of the Treaty referred to in subsection 5 of this section and the second and fourth Protocols set out in

1740-595: The Treaty referred to in subsection 7 of this section but any such exercise shall be subject to the prior approval of both Houses of the Oireachtas. 9° The State shall not adopt a decision taken by the European Council to establish a common defence pursuant to Article 1.2 of the Treaty referred to in subsection 7 of this section where that common defence would include the State. 10° No provision of this Constitution invalidates laws enacted, acts done or measures adopted by

1800-521: The Treaty. Ratification of the Treaty in all other member states is decided upon by the states' national parliaments. The referendum was part of the larger EU ratification of the Treaty, which required that all EU members and the European Parliament must ratify it. A "No" vote in the referendum could have blocked the treaty in the EU altogether. However, the Treaty of Nice was ratified by Ireland in 2002 in

1860-509: The United States, all bills originating in the House of Representatives are numbered sequentially and prefixed with "H.R." and all bills originating from the Senate begin with an "S.". Every two years, at the start of odd-numbered years, the Congress recommences numbering from 1, though for bills the House has an order reserving the first 20 bill numbers and the Senate has similar measures for

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1920-509: The amendment of the constitution into law on 15 October. These formalities having been conducted, the state ratified the treaty by depositing the instrument of ratification with the Italian government on 23 October. The Treaty of Lisbon entered into force on 1 December 2009. A 1987 decision of the Supreme Court established that ratification by Ireland of any significant amendment to the Treaties of

1980-516: The approval of the head of state such as the monarch, president, or governor to become law. The refusal of such an approval is typically known as a veto . Exceptions are the Irish Free State from the abolition of the governor-general in December 1936 to the creation of the office of president in December 1937, and Israel from its formation until today, during which period bills approved by

2040-468: The arguments for and against referendum proposals. The 2001 Act also removed from the commission the statutory function of fostering and promoting debate or discussion on referendum proposals. A new referendum commission was set up in advance for each new referendum that took place, if the Minister for Housing, Planning and Local Government made a ministerial order to appoint a commission. The primary role of

2100-402: The bill will again be handed to the opposite house, going through the same process, which repeats until both houses arrive at an agreement on the bill. (In the rare circumstance that the two houses cannot agree, the House of Commons has the final say since it is an elected body, whereas the House of Lords is not). Once the bill is finalised, it will move to the final stage, royal assent , when

2160-492: The bill will be put into effect. The preparation of a bill may involve the production of a draft bill prior to the introduction of the bill into the legislature. In the United Kingdom, draft bills are frequently considered to be confidential. Pre-legislative scrutiny is a formal process carried out by a parliamentary committee on a draft bill. In the Parliament of India , the draft bill is sent to individual ministry relating to

2220-657: The commission was to explain the subject matter of referendum proposals, to promote public awareness of the referendum and to encourage the electorate to vote. It could use television, radio, press, outdoor and cinema advertising and any other media over the weeks in advance of the referendum to give general information about the issues involved. It could help citizens find out some basic information about how to register to vote. The commission's information booklets were also produced in braille and audiotape for persons with visual impairments. A publication in Irish Sign Language

2280-511: The constitution are within the annual sequence of public bills. In the Philippines , all bills passed into law, regardless of whether they were introduced in the House of Representatives or the Senate , are numbered sequentially beginning with the first Republic Act that became law on July 15, 1946. There have been 11,646 Republic Acts as of January 21, 2022. All laws passed by Congress, once given presidential assent, become law and are given

2340-743: The contents of amendment. The first Referendum Commission was set up for the Amsterdam Treaty referendum . The 1998 Act, as amended, provided that the Chairperson of the commission should be a former judge of the Supreme Court or Court of Appeal or a serving or former judge of the High Court nominated by the Chief Justice . The other members of the commission were the Comptroller and Auditor General ,

2400-502: The executive ( government bill ). In principle, the legislature meets to consider the demands of the executive, as set out in the King's Speech or speech from the throne . Mechanisms exist to allow other members of the legislature to introduce bills, but they are subject to strict timetables and usually fail unless a consensus is reached. In the US system, where the executive is formally separated from

2460-458: The field, and other people who the bill may affect. The purpose of this stage is to go into more detail on the bill and gather expert opinions on it (e.g. teachers may be present in a committee about a bill that would affect the education system) and amendments may be brought. After this is the report stage , in which the entire house reviews any and all changes made to the bill since its conception and may bring further amendments. The fifth stage

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2520-430: The first 10 bills. Joint resolutions also have the same effect as bills, and are titled as "H. J. Res." or "S. J. Res." depending on whether they originated in the House or Senate, respectively. This means that two different bills can have the same number. Each two-year span is called a congress , tracking the terms of Representatives elected in the nationwide biennial House of Representatives elections, and each congress

2580-646: The following morning at 09:00. The '± Yes 2008' column shows the percentage point change in the Yes vote compared to the first Lisbon referendum which was rejected in a referendum in 2008. Taoiseach Brian Cowen said Ireland had taken "a decisive step" by passing the referendum. Tánaiste Mary Coughlan said the No vote across her home county, Donegal , was apparent from around a fortnight previously because of "mixed messages". Fine Gael 's leader Enda Kenny described it as "a mature, reflective decision". Eamon Gilmore , leader of

2640-499: The following were inserted as subsections 4° to 9° 5° The State may ratify the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon on the 13th day of December 2007 ("Treaty of Lisbon"), and may be a member of the European Union established by virtue of that Treaty. 6° No provision of this Constitution invalidates laws enacted, acts done or measures adopted by

2700-533: The last Referendum Commission, established for the Thirty-eighth Amendment held in 2019, were: Under the Referendum Act 1998 the commission initially had the role of setting out the arguments for and against referendum proposals, having regard to submissions received from the public. Following the passing of the Referendum Act 2001 the commission no longer had a statutory function in relation to putting

2760-403: The legislature can usually override the veto by a simple majority vote. However, in most cases, the executive – a cabinet of ministers responsible to parliament – takes a veto by the head of state into account. In presidential systems , the head of state is also the chief executive, and the need to receive approval can be used as a political tool by them. The legislature is only able to override

2820-420: The legislature, all bills must originate from the legislature. Bills can be introduced using the following procedures: Bills are generally considered through a number of readings. This refers to the historic practice of the clerical officers of the legislature reading the contents of a bill to the legislature. While the bill is no longer read, the motions on the bill still refer to this practice. In India , for

2880-589: The matter. From there the bill goes to the Ministry of Law and Justice and then is passed on to the Cabinet committee which the prime minister heads. Pre-legislative scrutiny is required in much of Scandinavia, occurs in Ireland at the discretion of the Oireachtas (parliament) and occurs in the UK at the government's discretion. In the Parliament of Ireland under Poynings' Law (1494–1782) legislation had to be pre-approved by

2940-409: The monarch signs or otherwise signifies approval for the bill to become law. Theoretically, the monarch could refuse assent to a bill, but no monarch has done so since Queen Anne in 1708, and the royal veto has fallen into disuse. Once the assent is granted, the law comes into effect at the date and time specified within the act; if this is not specified within the act, it comes into effect at midnight on

3000-496: The prior approval of both Houses of the Oireachtas. 8° The State may agree to the decisions, regulations or other acts— but the agreement to any such decision, regulation or act shall be subject to the prior approval of both Houses of the Oireachtas. A Referendum Commission was established by Minister for the Environment, Heritage and Local Government John Gormley . It was chaired by High Court judge Frank Clarke . Its role

3060-527: The purpose of international co-operation in matters of common concern. 3° The State may become a member of the European Coal and Steel Community (established by Treaty signed at Paris on the 18th day of April 1951), the European Economic Community (established by Treaty signed at Rome on the 25th day of March 1957) and the European Atomic Energy Community (established by Treaty signed at Rome on

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3120-471: The purpose of the exercise of any executive function of the State in or in connection with its external relations, the Government may to such extent and subject to such conditions, if any, as may be determined by law, avail of or adopt any organ, instrument, or method of procedure used or adopted for the like purpose by the members of any group or league of nations with which the State is or becomes associated for

3180-442: The said Treaty but any such exercise shall be subject to the prior approval of both Houses of the Oireachtas. 7° The State may ratify the Treaty of Nice amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts signed at Nice on the 26th day of February 2001. 8° The State may exercise the options or discretions provided by or under Articles 1.6, 1.9, 1.11, 1.12, 1.13 and 2.1 of

3240-413: The same day it is granted royal assent. Where a piece of primary legislation is termed an act , the process of a bill becoming law may be termed enactment . Once a bill is passed by the legislature, it may automatically become law, or it may need further approval, in which case enactment may be effected by the approver's signature or proclamation . Bills passed by the legislature usually require

3300-500: The state of the economy. This feeling was echoed by a certain proportion of voters, one of whose attitude was "I'm here because I have a vote and, basically, I've been told what to do with it". The Socialist Party 's MEP Joe Higgins praised the performance of the No campaign. Sinn Féin 's President Gerry Adams asked why the first referendum had been ignored. Sinn Féin Vice-president Mary Lou McDonald criticised

3360-416: The veto by means of a supermajority vote. In some jurisdictions, a bill passed by the legislature may also require approval by a constitutional court . If the court finds the bill would violate the constitution it may annul it or send it back to the legislature for correction. In Ireland, the president has discretion under Article 26 of the Constitution to refer bills to the Supreme Court . In Germany,

3420-549: The year they were proposed, separated by a slash, as in PL 1234/1988. Until 2019, each house used a different numbering and naming system, but the system was unified by a 2018 joint act by the secretaries of both houses. Before the 2019 unification, the Senate numbered bills starting at the beginning of each year, while the lower house numbered bills starting at the beginning of each legislature. This meant that bills sent from one house to another could adopt two or more different names. In

3480-500: Was a proposal to amend the Constitution of Ireland to enable ratification of the Treaty of Lisbon (also known as the Reform Treaty) of the European Union , so it could be enacted as scheduled on 1 January 2009. As part of the enactment of the bill, a referendum was held on 12 June 2008. The proposal was defeated by 53.4% to 46.6%, with a turnout of 53.1%. Ireland was the only EU member state that held public referendums on

3540-461: Was also produced. A dedicated website was created for the referendum. Once the commission completed its functions it furnished a report to the Minister, within six months. The report detailed the carrying out of its functions, and the commission then dissolved one month after its submission. The Electoral Reform Act 2022 repealed the Referendum Act 1998. The Electoral Commission established under

3600-425: Was to prepare one or more statements containing a general explanation of the subject matter of the proposal and of the text of the proposal in the amendment bill. There were 3,078,132 voters on the electoral register . With the exception of some outlying islands that went to the polls two days ahead of the rest of the country, official voting took place on Friday, 2 October 2009 between 07:00 and 22:00. Counting began

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