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. 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.
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.
Background
Elections to Dáil Éireann, the house of representatives in the Oireachtas, are governed by Article 16 of the Constitution.
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. 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.
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. It passed its Second Reading on 3 April by 72 votes to 59. It passed final stages in the Dáil on 20 June. On 30 July 1968, it passed final stages in the Seanad by 26 votes to 17. 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. It was opposed by Fine Gael and the Labour Party. On 3 July, it passed final stages in the Dáil by 66 to 56. On 30 July 1968, it passed final stages in the Seanad by 25 to 18.
Proposed changes to the text
The third bill proposed to change the text of Article 16.2.3° from:
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:
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).
In the information supplied to voters, the subject matter of the referendum was described as follows:
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 –
- To substitute for the present system of voting at Dáil elections the "straight vote" system in single-member constituencies;
- To establish a Commission to determine constituencies, subject to the right of the Dáil to amend the constituencies as so determined; and
- 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.