Council of State (Ireland)
Encyclopedia
The Council of State is a body established by the Constitution of Ireland
to advise the President of Ireland
in the exercise of many of his or her discretionary, reserve power
s. The Council of State also has authority to provide for the temporary exercise of the duties of the president in the event that these cannot be exercised by either the president or the Presidential Commission
(an eventuality that is very unlikely to occur).
Gemma Hussey
, who was a member of the Council of State in 1989–90, described it as "largely a symbolic body". The Council of State has been likened to a privy council
, although Jim Duffy calls this "more apparent than real" as it has no legislative or judicial functions.
as well as two individuals from each of three branches of government: legislature
, executive
and judiciary
.
Unlike most of the president's other duties, which must be conducted in accordance with the advice of the cabinet, the seven presidential appointees to the Council of State are chosen at the president's absolute discretion. These appointees retain their positions until the president's successor takes office. Every member of the Council of State must subscribe to a stipulated declaration of office
before participating in its meetings.
The Constitution explicitly states that members appointed by the President may resign, or be dismissed by the President. Former office holders are members if "able and willing to act as a member", which implies an ability to resign; but there is no provision for dismissing them. When the McCracken Tribunal found in 1997 that former Taoiseach Charles Haughey
had had corrupt dealings during his political career, there were calls for him to formally resign from the Council of State. He did not do so, although he sent his regrets to subsequent meetings of the Council until his death.
Members of the Council of State may be excused from jury duty
.
but one, the President is required to seek the advice of the Council of State, although not required to follow its advice. The one exception, where the President has "absolute discretion", is in deciding to refuse a dissolution
to a Taoiseach who has lost the confidence
of the Dáil. The remaining discretionary powers, which do require prior consultation with the Council of State, are as follows (for a detailed description of the president's reserve powers see: President of Ireland#Discretionary powers):
The draft of the Constitution gave more powers to the Council of State. Article 13 allows additional powers to be given to the President acting on the advice of the Government; originally, it was the advice of the Council of State that was to be required. Article 14 provides for a Presidential Commission
as the collective vice-presidency of the state when the President is absent; originally the Council of State was to fill this function. Nevertheless, under Article 14.4 of the constitution the Council of State, acting by a majority of its members, has authority to "make such provision as to them may seem meet" for the exercise of the duties of the president in any contingency the constitution does not foresee. This provision has never been invoked.
The Third Amendment of the Constitution Bill, 1958, which was defeated at a referendum, gave a role for the Council of State in the work of an envisaged constituency boundary commission.
in 1990. Four meetings have related to an address the Oireachtas, which requires the approval of the Government as well as the consultation of the Council of State. All other meetings have been to advise the President about whether to refer a bill to the Supreme Court.
Meetings are held in Áras an Uachtaráin
. Members arrive 15 minutes before the meeting starts, and are served light refreshments in the Council of State Room. At the first meeting of the Council in Mary McAleese
's first term, there was a photocall in the State Reception Rooms. The Council's deliberations are held in camera
, although The Irish Times
obtained details of a 1984 meeting from an unnamed attendee. Members are seated in order of precedence
in the Presidents' Room around a 1927 dining table purchased by President de Valera in 1961. The secretary to the President serves as clerk to the Council. The Council does not offer collective advice; the President asks each member in turn to comment, and further discussion may involve several members. Jim Duffy in 1991 criticised the lack of supporting resources for members of the Council; at meetings they were provided only with a copy of the Constitution.
Apart from the Council of State's official meetings, its members are invited to important state functions, such as state funeral
s, the National Day of Commemoration
, and the inauguration of the next President
. The first President, Douglas Hyde
, dined monthly with the members of his Council of State. The seven new Presidential nominees of Mary McAleese's second term were introduced at a luncheon in the Áras the month after their appointment. Campaigning in the 1990 presidential election
, Mary Robinson
promised to have meetings of the Council regularly rather than on "an emergency basis".
it) without referring it to the Supreme Court; in other cases, the President has referred the bill (or sections of it) and the court has upheld its constitutionality; and in other cases the Court has found some or all of the referred portions to be unconstitutional. It is not revealed whether some or all members of the Council of State counselled for or against the President's course of action.
Constitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
to advise the President of Ireland
President of Ireland
The President of Ireland is the head of state of Ireland. The President is usually directly elected by the people for seven years, and can be elected for a maximum of two terms. The presidency is largely a ceremonial office, but the President does exercise certain limited powers with absolute...
in the exercise of many of his or her discretionary, reserve power
Reserve power
In a parliamentary or semi-presidential system of government, a reserve power is a power that may be exercised by the head of state without the approval of another branch of the government. Unlike a presidential system of government, the head of state is generally constrained by the cabinet or the...
s. The Council of State also has authority to provide for the temporary exercise of the duties of the president in the event that these cannot be exercised by either the president or the Presidential Commission
Presidential Commission (Ireland)
The Presidential Commission is the collective vice-presidency of Ireland.-Membership:Three members serve on the Presidential Commission.* Chief Justice – President of the Supreme Court* Ceann Comhairle – Presiding officer of Dáil Éireann...
(an eventuality that is very unlikely to occur).
Gemma Hussey
Gemma Hussey
Gemma Hussey is a former Irish Fine Gael politician.Gemma Moran was born in Dublin in 1938 and educated at Loreto College, Foxrock and University College Dublin. Hussey had a successful career running a language school in the late 1960s and 70s...
, who was a member of the Council of State in 1989–90, described it as "largely a symbolic body". The Council of State has been likened to a privy council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
, although Jim Duffy calls this "more apparent than real" as it has no legislative or judicial functions.
Members
The Council of State consists of a number of government officials, who sit ex-officio, as well as certain former office holders and up to seven individuals of the president's own choosing. The ex officio members comprise the attorney generalAttorney General of Ireland
The Attorney General is a constitutional officer who is the official adviser to the Government of Ireland in matters of law. He is in effect the chief law officer in Ireland. The Attorney General is not a member of the Government but does participate in cabinet meetings when invited and attends...
as well as two individuals from each of three branches of government: legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
, executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
and judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
.
Unlike most of the president's other duties, which must be conducted in accordance with the advice of the cabinet, the seven presidential appointees to the Council of State are chosen at the president's absolute discretion. These appointees retain their positions until the president's successor takes office. Every member of the Council of State must subscribe to a stipulated declaration of office
Oath of office
An oath of office is an oath or affirmation a person takes before undertaking the duties of an office, usually a position in government or within a religious body, although such oaths are sometimes required of officers of other organizations...
before participating in its meetings.
| Class | Office | Current members |
|---|---|---|
| Ex-officio: executive | Taoiseach Taoiseach The Taoiseach is the head of government or prime minister of Ireland. The Taoiseach is appointed by the President upon the nomination of Dáil Éireann, the lower house of the Oireachtas , and must, in order to remain in office, retain the support of a majority in the Dáil.The current Taoiseach is... (Prime Minister) |
Enda Kenny Enda Kenny Enda Kenny is an Irish Fine Gael politician, and has been the Taoiseach since 2011. He has led Fine Gael since 2002. He served as Minister for Tourism and Trade from 1994 to 1997. He is also a two-term Vice President of the European People's Party.Kenny has been a Teachta Dála for Mayo since... |
| Ex-officio: executive | Tánaiste Tánaiste The Tánaiste is the deputy prime minister of Ireland. The current Tánaiste is Eamon Gilmore, TD who was appointed on 9 March 2011.- Origins and etymology :... (Deputy Prime Minister) |
Eamon Gilmore Eamon Gilmore Eamon Gilmore is an Irish Labour Party politician and the current Tánaiste and Minister for Foreign Affairs and Trade. He has been the Leader of the Labour Party since September 2007, and a Teachta Dála for the Dún Laoghaire constituency since 1989, first with the Workers' Party of Ireland, and... |
| Ex-officio: legislature | Ceann Comhairle Ceann Comhairle The Ceann Comhairle is the chairman of Dáil Éireann, the lower house of the Oireachtas of Ireland. The person who holds the position is elected by members of the Dáil from among their number in the first session after each general election... (Speaker of the Dáil Dáil Éireann Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote... ) |
Seán Barrett Seán Barrett (Fine Gael) Seán Barrett is an Irish Fine Gael politician who has been Ceann Comhairle of Dáil Éireann since March 2011. He served as Minister for Defence from 1995 to 1997, and later he was party spokesperson on Foreign Affairs. He is a Teachta Dála for the Dún Laoghaire constituency.- Early life :He was... |
| Ex-officio: legislature | Cathaoirleach Cathaoirleach Cathaoirleach is the title of the chairman of Seanad Éireann, the sixty-member upper house of the Oireachtas, the legislature of Ireland. The current Cathaoirleach is Senator Paddy Burke... (Speaker of the Senate Seanad Éireann Seanad Éireann is the upper house of the Oireachtas , which also comprises the President of Ireland and Dáil Éireann . It is commonly called the Seanad or Senate and its members Senators or Seanadóirí . Unlike Dáil Éireann, it is not directly elected but consists of a mixture of members chosen by... ) |
Paddy Burke Paddy Burke Patrick "Paddy" Burke is an Irish Fine Gael politician and is a member of Seanad Éireann since February 1993.Burke was a member of Mayo County Council from 1979 until the abolition of the dual mandate in 2003... |
| Ex-officio: judiciary | Chief Justice Chief Justice of Ireland The Chief Justice of Ireland is the president of the Supreme Court of Ireland.Under Constitution of Ireland, the Chief Justice of Ireland also occupies several positions ex officio, these include;* A possible judge of the High Court.... of the Supreme Court |
Susan Denham Susan Denham Susan Denham is the Chief Justice of the Supreme Court of Ireland. She was appointed by the President of Ireland on 25 July 2011... |
| Ex-officio: judiciary | President of the High Court | Nicholas Kearns Nicholas Kearns Nicholas Kearns is the President of the High Court of Ireland, and ex-officio member of the Supreme Court. He was appointed a judge of the High Court in 1998 and was appointed to the Supreme Court in November 2004. He is the most senior Irish judge after Chief Justice Susan Denham. He was... |
| Ex-officio | Attorney General Attorney General of Ireland The Attorney General is a constitutional officer who is the official adviser to the Government of Ireland in matters of law. He is in effect the chief law officer in Ireland. The Attorney General is not a member of the Government but does participate in cabinet meetings when invited and attends... |
Máire Whelan Máire Whelan Máire R Whelan SC is an Irish barrister and senior counsel who was appointed to the post of Attorney General on 9 March 2011 by President Mary McAleese on the nomination of the Taoiseach... |
| Former officeholders | President President of Ireland The President of Ireland is the head of state of Ireland. The President is usually directly elected by the people for seven years, and can be elected for a maximum of two terms. The presidency is largely a ceremonial office, but the President does exercise certain limited powers with absolute... |
Mary Robinson Mary Robinson Mary Therese Winifred Robinson served as the seventh, and first female, President of Ireland from 1990 to 1997, and the United Nations High Commissioner for Human Rights, from 1997 to 2002. She first rose to prominence as an academic, barrister, campaigner and member of the Irish Senate... , Mary McAleese Mary McAleese Mary Patricia McAleese served as the eighth President of Ireland from 1997 to 2011. She was the second female president and was first elected in 1997 succeeding Mary Robinson, making McAleese the world's first woman to succeed another as president. She was re-elected unopposed for a second term in... |
| Former officeholders | Taoiseach | Liam Cosgrave Liam Cosgrave Liam Cosgrave is an Irish Fine Gael politician who served as Taoiseach and as Leader of Fine Gael . He was a Teachta Dála from 1943 to 1981.... , Albert Reynolds Albert Reynolds Albert Reynolds , served as Taoiseach of Ireland, serving one term in office from 1992 until 1994. He has been nominated for the Nobel Peace Prize... , John Bruton John Bruton John Gerard Bruton is an Irish politician who served as Taoiseach of Ireland from 1994 to 1997. A minister under two taoisigh, Liam Cosgrave and Garret FitzGerald, Bruton held a number of the top posts in Irish government, including Minister for Finance , and Minister for Industry, Trade,... , Bertie Ahern Bertie Ahern Patrick Bartholomew "Bertie" Ahern is a former Irish politician who served as Taoiseach of Ireland from 26 June 1997 to 7 May 2008.... , Brian Cowen Brian Cowen Brian Cowen is a former Irish politician who served as Taoiseach of Ireland from 7 May 2008 to 9 March 2011. He was head of a coalition government led by Fianna Fáil which until 23 January 2011 had the support of the Green Party and independent TDs.Cowen was also leader of Fianna Fáil from 7 May... |
| Former office holders | Chief Justice | John L. Murray John L. Murray John Loyola Murray is an Irish judge and served as the Chief Justice of Ireland from 2004 to 2011.Murray was born in Limerick in 1943 and educated at Crescent College, Limerick, Rockwell College, County Tipperary, University College Dublin, and the Honorable Society of King's Inns. He was... , Thomas Finlay Thomas Finlay (judge) Thomas Aloysius Finlay is a former Irish Fine Gael politician and Chief Justice of the Supreme Court. He is the second son of Thomas Finlay, a politician and senior counsel whose career was cut short by his early death in 1932. He was educated at Clongowes Wood College, University College Dublin... , Ronan Keane Ronan Keane The Hon. Ronan Keane , S.C., was Chief Justice of Ireland from 2000 to 2004. Keane was educated at Blackrock College, Dublin, and graduated from University College Dublin in 1953 with a BA in Modern History. He was called to the Bar in 1954 and became a Senior Counsel in 1970. He was appointed... |
| President's nominees | (List of former nominees) | (Michael D. Higgins Michael D. Higgins Michael Daniel Higgins is the ninth and current President of Ireland, having taken office on 11 November 2011 following victory in the 2011 Irish presidential election. Higgins is an Irish politician, poet, sociologist, author and broadcaster. Higgins was President of the Labour Party until his... ' nominees are pending since his 2011 inauguration) |
The Constitution explicitly states that members appointed by the President may resign, or be dismissed by the President. Former office holders are members if "able and willing to act as a member", which implies an ability to resign; but there is no provision for dismissing them. When the McCracken Tribunal found in 1997 that former Taoiseach Charles Haughey
Charles Haughey
Charles James "Charlie" Haughey was Taoiseach of Ireland, serving three terms in office . He was also the fourth leader of Fianna Fáil...
had had corrupt dealings during his political career, there were calls for him to formally resign from the Council of State. He did not do so, although he sent his regrets to subsequent meetings of the Council until his death.
Members of the Council of State may be excused from jury duty
Jury duty
Jury duty is service as a juror in a legal proceeding. When a person is called for jury duty in the United States, that service is usually not optional: one must attend or face strict penalties. Employers are not allowed to fire an employee simply for being called to jury duty...
.
Role
Before exercising any reserve powerReserve power
In a parliamentary or semi-presidential system of government, a reserve power is a power that may be exercised by the head of state without the approval of another branch of the government. Unlike a presidential system of government, the head of state is generally constrained by the cabinet or the...
but one, the President is required to seek the advice of the Council of State, although not required to follow its advice. The one exception, where the President has "absolute discretion", is in deciding to refuse a dissolution
Dissolution of parliament
In parliamentary systems, a dissolution of parliament is the dispersal of a legislature at the call of an election.Usually there is a maximum length of a legislature, and a dissolution must happen before the maximum time...
to a Taoiseach who has lost the confidence
Motion of no confidence
A motion of no confidence is a parliamentary motion whose passing would demonstrate to the head of state that the elected parliament no longer has confidence in the appointed government.-Overview:Typically, when a parliament passes a vote of no...
of the Dáil. The remaining discretionary powers, which do require prior consultation with the Council of State, are as follows (for a detailed description of the president's reserve powers see: President of Ireland#Discretionary powers):
- Convening a meeting of either or both Houses of the OireachtasOireachtasThe Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
- Addressing the Oireachtas
- Addressing the Nation
- Establishing a committee of privileges to resolve a dispute between the Houses over a putative money billMoney billIn the Westminster system , a money bill or supply bill is a bill that solely concerns taxation or government spending , as opposed to changes in public law.- Conventions :...
- Abridging the time for considering a bill in the Seanad
- Referring a billBill (proposed law)A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
to the Supreme Court to test its Constitutionality - Referring a bill to the people for referendumReferendumA referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
The draft of the Constitution gave more powers to the Council of State. Article 13 allows additional powers to be given to the President acting on the advice of the Government; originally, it was the advice of the Council of State that was to be required. Article 14 provides for a Presidential Commission
Presidential Commission (Ireland)
The Presidential Commission is the collective vice-presidency of Ireland.-Membership:Three members serve on the Presidential Commission.* Chief Justice – President of the Supreme Court* Ceann Comhairle – Presiding officer of Dáil Éireann...
as the collective vice-presidency of the state when the President is absent; originally the Council of State was to fill this function. Nevertheless, under Article 14.4 of the constitution the Council of State, acting by a majority of its members, has authority to "make such provision as to them may seem meet" for the exercise of the duties of the president in any contingency the constitution does not foresee. This provision has never been invoked.
The Third Amendment of the Constitution Bill, 1958, which was defeated at a referendum, gave a role for the Council of State in the work of an envisaged constituency boundary commission.
Meetings
Working meetings called by the President for consultation under the terms of the Constitution are rare, though less so since the election of Mary RobinsonMary Robinson
Mary Therese Winifred Robinson served as the seventh, and first female, President of Ireland from 1990 to 1997, and the United Nations High Commissioner for Human Rights, from 1997 to 2002. She first rose to prominence as an academic, barrister, campaigner and member of the Irish Senate...
in 1990. Four meetings have related to an address the Oireachtas, which requires the approval of the Government as well as the consultation of the Council of State. All other meetings have been to advise the President about whether to refer a bill to the Supreme Court.
Meetings are held in Áras an Uachtaráin
Áras an Uachtaráin
Áras an Uachtaráin , formerly the Viceregal Lodge, is the official residence of the President of Ireland. It is located in the Phoenix Park on the northside of Dublin.-Origins:...
. Members arrive 15 minutes before the meeting starts, and are served light refreshments in the Council of State Room. At the first meeting of the Council in Mary McAleese
Mary McAleese
Mary Patricia McAleese served as the eighth President of Ireland from 1997 to 2011. She was the second female president and was first elected in 1997 succeeding Mary Robinson, making McAleese the world's first woman to succeed another as president. She was re-elected unopposed for a second term in...
's first term, there was a photocall in the State Reception Rooms. The Council's deliberations are held in camera
In camera
In camera is a legal term meaning "in private". It is also sometimes termed in chambers or in curia.In camera describes court cases that the public and press are not admitted to...
, although The Irish Times
The Irish Times
The Irish Times is an Irish daily broadsheet newspaper launched on 29 March 1859. The editor is Kevin O'Sullivan who succeeded Geraldine Kennedy in 2011; the deputy editor is Paul O'Neill. The Irish Times is considered to be Ireland's newspaper of record, and is published every day except Sundays...
obtained details of a 1984 meeting from an unnamed attendee. Members are seated in order of precedence
Order of precedence
An order of precedence is a sequential hierarchy of nominal importance of items. Most often it is used in the context of people by many organizations and governments...
in the Presidents' Room around a 1927 dining table purchased by President de Valera in 1961. The secretary to the President serves as clerk to the Council. The Council does not offer collective advice; the President asks each member in turn to comment, and further discussion may involve several members. Jim Duffy in 1991 criticised the lack of supporting resources for members of the Council; at meetings they were provided only with a copy of the Constitution.
Apart from the Council of State's official meetings, its members are invited to important state functions, such as state funeral
State funeral
A state funeral is a public funeral ceremony, observing the strict rules of protocol, held to honor heads of state or other important people of national significance. State funerals usually include much pomp and ceremony as well as religious overtones and distinctive elements of military tradition...
s, the National Day of Commemoration
National Day of Commemoration
In the Republic of Ireland, the National Day of Commemoration commemorates all Irish men and women who died in past wars or on service with the United Nations. It occurs on the Sunday nearest July 11 , the anniversary of the date in 1921 that a truce was signed ending the Irish War of Independence...
, and the inauguration of the next President
Presidential Inauguration (Ireland)
The Presidential Inauguration is the Irish state formal ceremony by which the President of Ireland takes office. While in hereditary monarchies coronations are symbolic ceremonies, the new monarch's reign having already begun upon the death or abdication of the previous monarch, the Irish...
. The first President, Douglas Hyde
Douglas Hyde
Douglas Hyde , known as An Craoibhín Aoibhinn , was an Irish scholar of the Irish language who served as the first President of Ireland from 1938 to 1945...
, dined monthly with the members of his Council of State. The seven new Presidential nominees of Mary McAleese's second term were introduced at a luncheon in the Áras the month after their appointment. Campaigning in the 1990 presidential election
Irish presidential election, 1990
-Aftermath:While the role of the presidency in day to day politics is a very limited one the Robinson presidency is regarded by many observers as a watershed in Irish society symbolising the shift away from the conservative ultracatholic male-dominated Ireland which existed up until the end of the...
, Mary Robinson
Mary Robinson
Mary Therese Winifred Robinson served as the seventh, and first female, President of Ireland from 1990 to 1997, and the United Nations High Commissioner for Human Rights, from 1997 to 2002. She first rose to prominence as an academic, barrister, campaigner and member of the Irish Senate...
promised to have meetings of the Council regularly rather than on "an emergency basis".
Addresses to the Oireachtas
| Date of meeting | President | Topic of Address | Date of Address (link to text) | Notes |
|---|---|---|---|---|
| 20 December 1968 | Éamon de Valera Éamon de Valera Éamon de Valera was one of the dominant political figures in twentieth century Ireland, serving as head of government of the Irish Free State and head of government and head of state of Ireland... |
50th anniversary of the First Dáil First Dáil The First Dáil was Dáil Éireann as it convened from 1919–1921. In 1919 candidates who had been elected in the Westminster elections of 1918 refused to recognise the Parliament of the United Kingdom and instead assembled as a unicameral, revolutionary parliament called "Dáil Éireann"... |
21 January 1969 | Brendan Corish was the only absentee from the Council of State meeting. |
| 29 June 1992 | Mary Robinson Mary Robinson Mary Therese Winifred Robinson served as the seventh, and first female, President of Ireland from 1990 to 1997, and the United Nations High Commissioner for Human Rights, from 1997 to 2002. She first rose to prominence as an academic, barrister, campaigner and member of the Irish Senate... |
"the Irish Identity in Europe" | 8 July 1992 | |
| 24 January 1995 | Mary Robinson Mary Robinson Mary Therese Winifred Robinson served as the seventh, and first female, President of Ireland from 1990 to 1997, and the United Nations High Commissioner for Human Rights, from 1997 to 2002. She first rose to prominence as an academic, barrister, campaigner and member of the Irish Senate... |
"Cherishing the Irish Diaspora Irish diaspora thumb|Night Train with Reaper by London Irish artist [[Brian Whelan]] from the book Myth of Return, 2007The Irish diaspora consists of Irish emigrants and their descendants in countries such as the United Kingdom, the United States, Canada, Australia, Argentina, New Zealand, Mexico, South Africa,... " |
2 February 1995 | |
| 28 October 1999 | Mary MacAleese | Marking the millennium Millennium A millennium is a period of time equal to one thousand years —from the Latin phrase , thousand, and , year—often but not necessarily related numerically to a particular dating system.... |
16 December 1999 | Charles Haughey Charles Haughey Charles James "Charlie" Haughey was Taoiseach of Ireland, serving three terms in office . He was also the fourth leader of Fianna Fáil... , Albert Reynolds Albert Reynolds Albert Reynolds , served as Taoiseach of Ireland, serving one term in office from 1992 until 1994. He has been nominated for the Nobel Peace Prize... , and Mary Robinson Mary Robinson Mary Therese Winifred Robinson served as the seventh, and first female, President of Ireland from 1990 to 1997, and the United Nations High Commissioner for Human Rights, from 1997 to 2002. She first rose to prominence as an academic, barrister, campaigner and member of the Irish Senate... were absent. |
Referring of bills
In some cases, the President has decided to sign the bill (thereby enactingAct of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
it) without referring it to the Supreme Court; in other cases, the President has referred the bill (or sections of it) and the court has upheld its constitutionality; and in other cases the Court has found some or all of the referred portions to be unconstitutional. It is not revealed whether some or all members of the Council of State counselled for or against the President's course of action.
| Date of meeting | Bill (section) | President | Outcome | Notes |
|---|---|---|---|---|
| 8 January 1940 | Offences against the State (Amendment) Bill, 1940 | Referred and upheld | See Offences against the State Acts 1939–1998. W. T. Cosgrave was the only absent member of the Council. The Dublin North West branch of the Labour Party Labour Party (Ireland) The Labour Party is a social-democratic political party in the Republic of Ireland. The Labour Party was founded in 1912 in Clonmel, County Tipperary, by James Connolly, James Larkin and William X. O'Brien as the political wing of the Irish Trade Union Congress. Unlike the other main Irish... passed a resolution urging William Norton William Norton William Norton was an Irish Labour Party politician, and leader of the party from 1932 to 1960.Norton was born in Dublin in 1900. He joined the postal service in 1916. By 1920 he was a prominent member in the trade union movement in Ireland. From 1924 to 1948 he served as secretary of the Post... to withdraw from the Council "which exists for the purpose of endorsing Fianna Fáil Fianna Fáil Fianna Fáil – The Republican Party , more commonly known as Fianna Fáil is a centrist political party in the Republic of Ireland, founded on 23 March 1926. Fianna Fáil's name is traditionally translated into English as Soldiers of Destiny, although a more accurate rendition would be Warriors of Fál... restrictions on liberty". |
|
| 25 February 1943 | School Attendance Bill, 1942 | |||
| 13 August 1947 | Health Bill, 1947 | Signed without referral | Absentees were George Gavan Duffy George Gavan Duffy -Family:George Gavan Duffy was born in Rock Ferry, Cheshire, England in 1882, the son of Sir Charles Gavan Duffy and his third wife, Louise. His half-brother Sir Frank Gavan Duffy was the fourth Chief Justice of the High Court of Australia, sitting on the bench of the High Court from 1913 to... , Douglas Hyde Douglas Hyde Douglas Hyde , known as An Craoibhín Aoibhinn , was an Irish scholar of the Irish language who served as the first President of Ireland from 1938 to 1945... , Timothy Sullivan Timothy Sullivan (Irish judge) Timothy Sullivan was Chief Justice of Ireland from 1936 to 1946.He was born in Dublin, the third son of Timothy Daniel Sullivan, a prominent Home Rule MP and Lord Mayor of Dublin. Through his sister Anne who married Dr. Thomas Higgins he was the uncle of Kevin O'Higgins and great-uncle of another... , W. T. Cosgrave, and Richard Mulcahy Richard Mulcahy Richard James Mulcahy was an Irish politician, army general and commander in chief, leader of Fine Gael and Cabinet Minister... . |
|
| 14 June 1961 | Electoral (Amendment) Bill, 1961 | Referred and upheld | ||
| 6 March 1967 | Income Tax Bill, 1966 | Signed without referral | All members attended. On 7 March, before the President announced a decision, the Income Tax (Amendment) Bill, 1967 was introduced and passed by the Oireachtas. This pre-emptively cancelled the contentious sections of the original Bill. Next day, the President signed both bills into law. | |
| 10 March 1976 | Criminal Law (Jurisdiction) Bill, 1975 | Referred and upheld | James Dooge James Dooge James Clement Dooge was an Irish politician, engineer, climatologist, hydrologist and academic. Dooge had a profound effect on the debate on climate change, in the world of hydrology and in politics in the formation of the European Union.Dooge lived a multifaceted existence with his roles... , Cathaoirleach Cathaoirleach Cathaoirleach is the title of the chairman of Seanad Éireann, the sixty-member upper house of the Oireachtas, the legislature of Ireland. The current Cathaoirleach is Senator Paddy Burke... of the Seanad, was absent. |
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| Emergency Powers Bill, 1976 | Referred and upheld | The meeting, which discussed two bills, lasted 4 hours. Maurice E. Dockrell Maurice E. Dockrell Maurice Edward Dockrell was an Irish Fine Gael party politician who was elected to Dáil Éireann at ten successive general elections, serving as a TD for thirty-four years.... was the only absentee. President Ó Dálaigh and Attorney General Declan Costello Declan Costello Declan Costello was an Irish jurist and Fine Gael party politician, who served as a Teachta Dála for twenty years, as Attorney General for four years and as a High Court judge for another twenty years before his retirement.... debated points of law in great detail. Minister Paddy Donegan Paddy Donegan Patrick Sarsfield "Paddy" Donegan was an Irish Fine Gael Party politician.He was educated at a Christian Brothers School in Drogheda and at the Vincentian Castleknock College. Donegan was first elected as a Fine Gael Teachta Dála at the 1954 general election. He lost his seat at the following... described the President's decision to refer the bill as a "thundering disgrace", precipitating Ó Dálaigh's resignation. |
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| 23 September 1976 (b) | Criminal Law Bill, 1976 | Signed without referral | Same meeting as preceding | |
| 22 December 1981 | Housing (Private Rented Dwellings Bill), 1981 | Referred and struck down | ||
| 20 December 1983 | Electoral (Amendment) Bill, 1983 | Referred and struck down | Absentees were Siobhán McKenna Siobhán McKenna Siobhán McKenna was an Irish stage and screen actress.-Background:Born Siobhán Giollamhuire Nic Cionnaith in Belfast, Northern Ireland into a Catholic and nationalist family, she grew up in Galway City and in County Monaghan, Ireland speaking fluent Irish... , Seán McEntee, and James Dillon. The bill would have given British citizens the right to vote in all elections in the Republic of Ireland. The Ninth Amendment of the Constitution Ninth Amendment of the Constitution of Ireland The Ninth Amendment of the Constitution of Ireland extended the right to vote in elections to Dáil Éireann to certain non-Irish citizens... in 1984 removed the obstacle with regard to Dáil elections but not Presidential elections Irish presidential election The Irish presidential election determines who serves as the President of Ireland; the head of state of Ireland. The most recent election took place on 27 October 2011.-Overview:... or referenda (ordinary Ordinary referendum The ordinary referendum is a referendum in the Republic of Ireland in which the president may refer a bill directly to the electorate before it becomes law. Articles 27 and 47 of the Constitution of Ireland provides for a referendum on a proposal other than a proposal to amend the constitution... or constitutional Amendments to the Constitution of Ireland An amendment may be made to any part of the Constitution of Ireland but only by referendum. An amendment must first be approved by both Houses of the Oireachtas , then submitted to a referendum, and finally signed into law by the President.... ). The Electoral (Amendment) Act, 1985 extended the franchise for Dáil elections. |
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| 5 December 1984 | Criminal Justice Bill, 1983 | Signed without referral | Siobhán McKenna Siobhán McKenna Siobhán McKenna was an Irish stage and screen actress.-Background:Born Siobhán Giollamhuire Nic Cionnaith in Belfast, Northern Ireland into a Catholic and nationalist family, she grew up in Galway City and in County Monaghan, Ireland speaking fluent Irish... and Máirín Bean Uí Dhálaigh Mairín Bean Uí Dhálaigh Máirín Bean Uí Dhalaigh"Bean" is the Irish equivalent of "Mrs". was a scholar of the Irish language and the wife of Cearbhall Ó Dálaigh, who served as President of Ireland from 1974–76.... were absent. |
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| 22 June 1988 | Adoption (No. 2) Bill, 1987 | Referred and upheld | Absentees were Tom O'Higgins Tom O'Higgins Thomas Francis O'Higgins was an Irish Fine Gael politician, a barrister and a judge.Tom O'Higgins was born in Cork in 1916. He was the son of Thomas F. O'Higgins and the nephew of Kevin O'Higgins... and Jack Lynch Jack Lynch John Mary "Jack" Lynch was the Taoiseach of Ireland, serving two terms in office; from 1966 to 1973 and 1977 to 1979.... . |
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| 30 October 1991 | Fisheries (Amendment) Bill, 1990 | Signed without referral | ||
| 1 December 1993 | Matrimonial Home Bill, 1993 | Referred and struck down | ||
| 1 March 1994 | Criminal Justice (Public Order) Bill, 1993 | Signed without referral | ||
| 16 March 1995 | Regulation of Information services outside the State for Termination of Pregnancies Bill, 1995 | Referred and upheld | The act sprang from the Fourteenth Amendment of the Constitution of Ireland Fourteenth Amendment of the Constitution of Ireland The Fourteenth Amendment of the Constitution of Ireland specified that the prohibition of abortion would not limit the right to distribute information about abortion services in foreign countries... in 1992. See also abortion in the Republic of Ireland. |
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| 1 April 1997 | Employment Equality Bill, 1996 | Referred and struck down | 15 of 22 members attended, including the Taoiseach. | |
| 6 May 1997 | Equal Status Bill, 1997 | Referred and struck down | Charles Haughey Charles Haughey Charles James "Charlie" Haughey was Taoiseach of Ireland, serving three terms in office . He was also the fourth leader of Fianna Fáil... was absent. |
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| 30 June 2000 (a) | Planning and Development Bill 1999 | Referred Part V; upheld | ||
| 30 June 2000 (b) | Illegal Immigrants (Trafficking) Bill 1999 | Referred §§ 5 and 10; upheld | Same meeting as preceding | |
| 8 April 2002 | Section 24 of the Housing (Miscellaneous Provisions) (No. 2) Bill, 2001 | Signed without referral | ||
| 21 December 2004 | Health (Amendment) (No. 2) Bill 2004 | Referred and struck down | Charles Haughey Charles Haughey Charles James "Charlie" Haughey was Taoiseach of Ireland, serving three terms in office . He was also the fourth leader of Fianna Fáil... was the only absentee. |
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| 9 May 2007 | Criminal Justice Bill 2007 | Signed without referral | ||
| 22 July 2009 (a) | Defamation Bill 2006 | Signed without referral | 19 of 22 members of the Council were present; the meeting lasted over 3 hours. See also blasphemy law in Ireland Blasphemy law in Ireland In the Republic of Ireland, blasphemy is required to be prohibited by Article 40.6.1.i. of the 1937 Constitution. The common law offence of blasphemous libel was effectively replaced in 2009 by a new offence of "publication or utterance of blasphemous matter"... . |
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| 22 July 2009 (b) | Criminal Justice (Amendment) Bill 2009 | Signed without referral | Same meeting as preceding | |
| 21 December 2010 | Credit Institutions (Stabilisation) Bill 2010 | Signed without referral | See 2008–2010 Irish banking crisis |
See also
:Category:Members of the Council of State of Ireland- Council of StateCouncil of StateThe Council of State is a unique governmental body in a country or subdivision thereoff, though its nature may range from the formal name for the cabinet to a non-executive advisory body surrounding a head of state. It is sometimes regarded as the equivalent of a privy council.-Modern:*Belgian...
- Privy Council of IrelandPrivy Council of IrelandThe Privy Council of Ireland was an institution of the Kingdom of Ireland until 31 December 1800 and of the United Kingdom of Great Britain and Ireland 1801-1922...
External links
- Council of State Official website of the President of Ireland