Amendment 19

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Nineteenth Amendment

Signed 3rd Jun, 1998

Allowed the State to consent to be bound by the British-Irish Agreement done at Belfast on 10 April 1998 and provided that certain further amendments to the Constitution, notably to Articles 2 and 3, would come into effect when that agreement entered into force.

Article 2 After

The text of Article 2 after enacting the Nineteenth Amendment

Article 2.

…

It is the entitlement and birthright of every person born in the island of Ireland, which includes its islands and seas, to be part of the Irish nation. That is also the entitlement of all persons otherwise qualified in accordance with law to be citizens of Ireland. Furthermore, the Irish nation cherishes its special affinity with people of Irish ancestry living abroad who share its cultural identity and heritage.

Article 3 After

The text of Article 3 after enacting the Nineteenth Amendment

Article 3.

…

1:
It is the firm will of the Irish nation, in harmony and friendship, to unite all the people who share the territory of the island of Ireland, in all the diversity of their identities and traditions, recognising that a united Ireland shall be brought about only by peaceful means with the consent of a majority of the people, democratically expressed, in both jurisdictions in the island. Until then, the laws enacted by the Parliament established by this Constitution shall have the like area and extent of application as the laws enacted by the Parliament that existed immediately before the coming into operation of this Constitution.
2:
Institutions with executive powers and functions that are shared between those jurisdictions may be established by their respective responsible authorities for stated purposes and may exercise powers and functions in respect of all or any part of the island.

Article 29 After

The text of Article 29 after enacting the Nineteenth Amendment

Article 29.

…

1:
Ireland affirms its devotion to the ideal of peace and friendly co-operation amongst nations founded on international justice and morality.
2:
Ireland affirms its adherence to the principle of the pacific settlement of international disputes by international arbitration or judicial determination.
3:
Ireland accepts the generally recognised principles of international law as its rule of conduct in its relations with other States.
4:
1. 1°:
  The executive power of the State in or in connection with its external relations shall in accordance with Article 28 of this Constitution be exercised by or on the authority of the Government.
2. 2°:
  For 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 the purpose of international co-operation in matters of common concern.
3. 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 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. 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. 5°:
  The State may ratify 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. 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 the said Treaty but any such exercise shall be subject to the prior approval of both Houses of the Oireachtas.
7. 7°:
  No provision of this Constitution invalidates laws enacted, acts done or measures adopted by 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.
8. 8°:
  The State may ratify the Agreement relating to Community Patents drawn up between the Member States of the Communities and done at Luxembourg on the 15th day of December, 1989.
5:
1. 1°:
  Every international agreement to which the State becomes a party shall be laid before Dáil Éireann.
2. 2°:
  The State shall not be bound by any international agreement involving a charge upon public funds unless the terms of the agreement shall have been approved by Dáil Éireann.
3. 3°:
  This section shall not apply to agreements or conventions of a technical and administrative character.
6:
No international agreement shall be part of the domestic law of the State save as may be determined by the Oireachtas.
7:
1. 1°:
  The State may consent to be bound by the British-Irish Agreement done at Belfast on the 10th day of April, 1998, hereinafter called the Agreement.
2. 2°:
  Any institution established by or under the Agreement may exercise the powers and functions thereby conferred on it in respect of all or any part of the island of Ireland notwithstanding any other provision of this Constitution conferring a like power or function on any person or any organ of State appointed under or created or established by or under this Constitution. Any power or function conferred on such an institution in relation to the settlement or resolution of disputes or controversies may be in addition to or in substitution for any like power or function conferred by this Constitution on any such person or organ of State as aforesaid.
8:
The State may exercise extra-territorial jurisdiction in accordance with the generally recognised principles of international law.