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Dáil Éireann (Irish Free State)
Encyclopedia
Dáil Éireann served as the directly elected lower house
of the Oireachtas
of the Irish Free State
from 1922 to 1937. The Free State constitution
described the role of the house as that of a "Chamber of Deputies
". Until 1936 the Free State Oireachtas also included an upper house known as the Seanad
. Like its modern successor, the Free State Dáil was, in any case, the dominant component of the legislature; it effectively had authority to enact almost any law it chose, and to appoint and dismiss the President of the Executive Council
(prime minister). The Free State Dáil ceased to be with the creation of the modern 'Dáil Éireann
' under the terms of the 1937 Constitution of Ireland
. Both the Dáil and Seanad sat in Leinster House
.
membership of Dáil Éireann was open to all citizens who had reached the age of twenty-one. However those who were legally disqualified or who were members of the Seanad were excluded. For most of the period of the Irish Free State the constitution also contained a controversial requirement that all members of the Oireachtas swear an oath of fidelity to the King, as well as an Oath of Allegiance
to the constitution of the Free State. The oath was, however, abolished by a constitutional amendment in 1936.
As today, during the Irish Free State Dáil Éireann was elected on the basis of universal adult suffrage. However the franchise was restricted to those over twenty-one. As adopted the constitution required that a Dáil's term would last for four years, unless the law specified a shorter period or the house was dissolved early. However after changes to the constitution and the law in 1927, the constitutional maximum became six years, and the legal maximum five1. The Dáil could theoretically have been dissolved at any time by the King
, acting on the advice of Executive Council, but it is probable that the Free State would have broken all constitutional ties if that had happened.
The Free State constitution required that the Dáil be elected by "proportional representation" and the Single Transferable Vote
system was used. While every Irish Government
since 1937 has restricted Dáil constituencies to a maximum of five seats, during the Irish Free State there were several six, seven and eight seat constituencies. During the Free State Galway
was a single nine seat constituency.
As well as geographical constituencies the Free State also included two university constituencies
: University of Dublin and the National University of Ireland
. The franchise for the university constituencies was open to all those who had been awarded degrees from either institution. However anyone voting in a university constituency was excluded from voting in their geographical district. The constitution required that each return three TD
s, regardless of population. Because these constituencies had much lower populations that the ordinary geographical constituencies this resulted in malapportionment. The university constituencies were abolished in 1936 under the Constitution (Amendment No. 23) Act and the Electoral (University Constituencies) Act. However, in 1937 university constituencies would be revived for the newly created Senate
. The following general election
s took place to the Free State Dáil during its existence:
as a whole had to resign en bloc if it lost the confidence of the lower house. In practice these provision meant that the President was chosen by the Dáil, which could bring down his cabinet by a vote of no confidence, or failure to approve a vote of confidence. A constitutional amendment passed in 1936 removed the role of the King entirely and provided that, in the final months of the Free State, the President would be elected by the Dáil directly, rather than merely being 'nominated' by the lower house.
Technically a bill had to be approved by both Houses of the Oireachtas and to receive the Royal Assent
in order to become law. However, in practice it was the Dáil that decided what laws would be enacted and repealed. Before its complete abolition the Free State Seanad merely had power to delay legislation.
While during the early years of the Irish Free State there existed a theoretical possibility that the King, or the Governor-General acting on his behalf, might veto an act of the Oireachtas or dismiss the Executive Council against the wishes of the Dáil. (This occurred in 1975 in Australia
when the Governor-General
John Kerr
dismissed the government and forced an election.) With the passage of the Royal and Parliamentary Titles Act, 1927 the British Government lost the right to formally advise the King in relation to the Free State and so the possibility of the Governor-General taking any action without the approval of the other institutions of government became a remote possibility.
Unlike its modern successor, the Free State Dáil did not have authority to declare war, this power being reserved for the Oireachtas as a whole. However in practice this distinction was not important. During the later days of the Irish Free State the Dáil, as the dominant component of the Oireachtas, had the effective authority to amend the constitution in any way it chose. Today this is a level of authority that no Dáil has had since 1941.
. The First Dáil
and the Second Dáil
thus existed outside of British law. The Third Dáil
was elected under the terms of the Anglo-Irish Treaty
as a constituent assembly to approve the Free State constitution and pave the way for the creation of the new state. However, once the Constitution of the Irish Free State
was in effect the Third Dáil served as the lower house of a new parliament, called the Oireachtas. Under the terms of the constitution, however, the Third Dáil merely carried out the functions of the Dáil during this period until a new chamber could be elected. The first Dáil of the Irish Free State was therefore officially the Fourth Dáil, which was elected in 1923.
On 29 December 1937 the Constitution of Ireland
came into force and the Irish Free State was succeeded by a state know today as Ireland
. The new constitution had been adopted by plebiscite on the 1 July of that year, and on the same day the Ninth Dáil was elected. The Ninth Dáil was therefore elected as the lower house of the Free State Oireachtas but in December its role changed to that of lower house of a new legislature.
Lower house
A lower house is one of two chambers of a bicameral legislature, the other chamber being the upper house.Despite its official position "below" the upper house, in many legislatures worldwide the lower house has come to wield more power...
of the Oireachtas
Oireachtas of the Irish Free State
The Oireachtas of the Irish Free State was the legislature of the Irish Free State from 1922 until 1937. It was established by the 1922 Constitution of Ireland which was based from the Anglo-Irish Treaty...
of the Irish Free State
Irish Free State
The Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand...
from 1922 to 1937. The Free State constitution
Constitution of the Irish Free State
The Constitution of the Irish Free State was the first constitution of the independent Irish state. It was enacted with the adoption of the Constitution of the Irish Free State Act 1922, of which it formed a part...
described the role of the house as that of a "Chamber of Deputies
Chamber of Deputies
Chamber of deputies is the name given to a legislative body such as the lower house of a bicameral legislature, or can refer to a unicameral legislature.-Description:...
". Until 1936 the Free State Oireachtas also included an upper house known as the Seanad
Seanad Éireann (Irish Free State)
Seanad Éireann was the upper house of the Oireachtas of the Irish Free State from 1922–1936. It has also been known simply as the Senate, or as the First Seanad. The Senate was established under the 1922 Constitution of the Irish Free State but a number of constitutional amendments were...
. Like its modern successor, the Free State Dáil was, in any case, the dominant component of the legislature; it effectively had authority to enact almost any law it chose, and to appoint and dismiss the President of the Executive Council
President of the Executive Council of the Irish Free State
The President of the Executive Council of the Irish Free State was the head of government or prime minister of the Irish Free State which existed from 1922 to 1937...
(prime minister). The Free State Dáil ceased to be with the creation of the modern 'Dáil Éireann
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...
' under the terms of the 1937 Constitution of Ireland
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...
. Both the Dáil and Seanad sat in Leinster House
Leinster House
Leinster House is the name of the building housing the Oireachtas, the national parliament of Ireland.Leinster House was originally the ducal palace of the Dukes of Leinster. Since 1922, it is a complex of buildings, of which the former ducal palace is the core, which house Oireachtas Éireann, its...
.
Composition
Under the Free State constitutionConstitution of the Irish Free State
The Constitution of the Irish Free State was the first constitution of the independent Irish state. It was enacted with the adoption of the Constitution of the Irish Free State Act 1922, of which it formed a part...
membership of Dáil Éireann was open to all citizens who had reached the age of twenty-one. However those who were legally disqualified or who were members of the Seanad were excluded. For most of the period of the Irish Free State the constitution also contained a controversial requirement that all members of the Oireachtas swear an oath of fidelity to the King, as well as an Oath of Allegiance
Oath of Allegiance (Ireland)
The Irish Oath of Allegiance was a controversial provision in the Anglo-Irish Treaty of 1921, which Irish TDs and Senators were required to take, in order to take their seats in Dáil Éireann and Seanad Éireann .-Text of the Oath:The Oath was included in Article 17 of the Irish Free State's 1922...
to the constitution of the Free State. The oath was, however, abolished by a constitutional amendment in 1936.
Monarchy in the Irish Free State
The Irish Free State was, in accordance with its constitution, governed formally under a form of constitutional monarchy. The British monarch was the head of state of the Irish Free State from 1922 to 1931, when the Statute of Westminster came into effect, and thereafter the Irish Free State had a...
, acting on the advice of Executive Council, but it is probable that the Free State would have broken all constitutional ties if that had happened.
The Free State constitution required that the Dáil be elected by "proportional representation" and the Single Transferable Vote
Single transferable vote
The single transferable vote is a voting system designed to achieve proportional representation through preferential voting. Under STV, an elector's vote is initially allocated to his or her most preferred candidate, and then, after candidates have been either elected or eliminated, any surplus or...
system was used. While every Irish Government
Irish Government
The Government of Ireland is the cabinet that exercises executive authority in Ireland.-Members of the Government:Membership of the Government is regulated fundamentally by the Constitution of Ireland. The Government is headed by a prime minister called the Taoiseach...
since 1937 has restricted Dáil constituencies to a maximum of five seats, during the Irish Free State there were several six, seven and eight seat constituencies. During the Free State Galway
County Galway
County Galway is a county in Ireland. It is located in the West Region and is also part of the province of Connacht. It is named after the city of Galway. Galway County Council is the local authority for the county. There are several strongly Irish-speaking areas in the west of the county...
was a single nine seat constituency.
As well as geographical constituencies the Free State also included two university constituencies
University constituency
A university constituency is a constituency, used in elections to a legislature, that represents a university rather than a geographical area. University constituencies may involve plural voting, in which eligible voters are permitted to vote in both a university constituency and a geographical...
: University of Dublin and the National University of Ireland
National University of Ireland (constituency)
National University of Ireland is a parliamentary constituency in Ireland, through which graduates of the National University of Ireland have elected members of various legislative bodies including currently Seanad Éireann.-Summary:...
. The franchise for the university constituencies was open to all those who had been awarded degrees from either institution. However anyone voting in a university constituency was excluded from voting in their geographical district. The constitution required that each return three TD
Teachta Dála
A Teachta Dála , usually abbreviated as TD in English, is a member of Dáil Éireann, the lower house of the Oireachtas . It is the equivalent of terms such as "Member of Parliament" or "deputy" used in other states. The official translation of the term is "Deputy to the Dáil", though a more literal...
s, regardless of population. Because these constituencies had much lower populations that the ordinary geographical constituencies this resulted in malapportionment. The university constituencies were abolished in 1936 under the Constitution (Amendment No. 23) Act and the Electoral (University Constituencies) Act. However, in 1937 university constituencies would be revived for the newly created 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...
. The following general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
s took place to the Free State Dáil during its existence:
- 1922 general electionIrish general election, 1922The Irish general election of 1922 took place in Southern Ireland on 16 June 1922, under the provisions of the 1921 Anglo-Irish Treaty to elect a constituent assembly paving the way for the formal establishment of the Irish Free State...
- 1923 general electionIrish general election, 1923The Irish general election of 1923 was held on 27 August 1923. The newly elected members of the 4th Dáil assembled at Leinster House on 19 September when the new President of the Executive Council and Executive Council of the Irish Free State were appointed. The election was held just after the end...
- June 1927 general election
- September 1927 general election
- 1932 general electionIrish general election, 1932The Irish general election of 1932 was held on 16 February 1932, just over two weeks after the dissolution of the Dáil on 29 January. The newly elected 153 members of the 7th Dáil assembled at Leinster House on 9 March 1932 when the new President of the Executive Council and Executive Council of...
- 1933 general electionIrish general election, 1933The Irish general election of 1933 was held on 24 January 1933. The newly elected members of the 8th Dáil assembled at Leinster House on 8 February when the new President of the Executive Council and Executive Council of the Irish Free State were appointed....
- 1937 general electionIrish general election, 1937The Irish general election of 1937 was held on 1 July 1937, just over two weeks after the dissolution of the Dáil on 14 June. A plebiscite to ratify the Constitution of Ireland was held on the same day...
Powers
The Free State constitution provided that the President of the Executive Council would be appointed by the King "on the nomination of" the Dáil and that the Executive CouncilExecutive Council of the Irish Free State
The Executive Council was the cabinet and de facto executive branch of government of the 1922–1937 Irish Free State. Formally, the role of the Executive Council was to "aid and advise" the Governor-General who would exercise the executive authority on behalf of the King...
as a whole had to resign en bloc if it lost the confidence of the lower house. In practice these provision meant that the President was chosen by the Dáil, which could bring down his cabinet by a vote of no confidence, or failure to approve a vote of confidence. A constitutional amendment passed in 1936 removed the role of the King entirely and provided that, in the final months of the Free State, the President would be elected by the Dáil directly, rather than merely being 'nominated' by the lower house.
Technically a bill had to be approved by both Houses of the Oireachtas and to receive the Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
in order to become law. However, in practice it was the Dáil that decided what laws would be enacted and repealed. Before its complete abolition the Free State Seanad merely had power to delay legislation.
While during the early years of the Irish Free State there existed a theoretical possibility that the King, or the Governor-General acting on his behalf, might veto an act of the Oireachtas or dismiss the Executive Council against the wishes of the Dáil. (This occurred in 1975 in Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
when the Governor-General
Governor-General of Australia
The Governor-General of the Commonwealth of Australia is the representative in Australia at federal/national level of the Australian monarch . He or she exercises the supreme executive power of the Commonwealth...
John Kerr
John Kerr
Sir John Robert Kerr, was the 18th Governor-General of Australia. He dismissed the Labor government of Gough Whitlam on 11 November 1975, marking the climax of the most significant constitutional crisis in Australian history...
dismissed the government and forced an election.) With the passage of the Royal and Parliamentary Titles Act, 1927 the British Government lost the right to formally advise the King in relation to the Free State and so the possibility of the Governor-General taking any action without the approval of the other institutions of government became a remote possibility.
Unlike its modern successor, the Free State Dáil did not have authority to declare war, this power being reserved for the Oireachtas as a whole. However in practice this distinction was not important. During the later days of the Irish Free State the Dáil, as the dominant component of the Oireachtas, had the effective authority to amend the constitution in any way it chose. Today this is a level of authority that no Dáil has had since 1941.
History
From 1919 to 1922 Dáil Éireann served as the revolutionary, unicameral parliament of the Irish RepublicIrish Republic
The Irish Republic was a revolutionary state that declared its independence from Great Britain in January 1919. It established a legislature , a government , a court system and a police force...
. 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"...
and the Second Dáil
Second Dáil
The Second Dáil was Dáil Éireann as it convened from 16 August 1921 until 8 June 1922. From 1919–1922 Dáil Éireann was the revolutionary parliament of the self-proclaimed Irish Republic. The Second Dáil consisted of members elected in 1921...
thus existed outside of British law. The Third Dáil
Third Dáil
The Third Dáil, also known as the Provisional Parliament or the Constituent Assembly, was:*the "provisional parliament" or "constituent assembly" of Southern Ireland from 9 August 1922 until 6 December 1922; and...
was elected under the terms of the Anglo-Irish Treaty
Anglo-Irish Treaty
The Anglo-Irish Treaty , officially called the Articles of Agreement for a Treaty Between Great Britain and Ireland, was a treaty between the Government of the United Kingdom of Great Britain and Ireland and representatives of the secessionist Irish Republic that concluded the Irish War of...
as a constituent assembly to approve the Free State constitution and pave the way for the creation of the new state. However, once the Constitution of the Irish Free State
Constitution of the Irish Free State
The Constitution of the Irish Free State was the first constitution of the independent Irish state. It was enacted with the adoption of the Constitution of the Irish Free State Act 1922, of which it formed a part...
was in effect the Third Dáil served as the lower house of a new parliament, called the Oireachtas. Under the terms of the constitution, however, the Third Dáil merely carried out the functions of the Dáil during this period until a new chamber could be elected. The first Dáil of the Irish Free State was therefore officially the Fourth Dáil, which was elected in 1923.
On 29 December 1937 the Constitution of Ireland
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...
came into force and the Irish Free State was succeeded by a state know today as Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
. The new constitution had been adopted by plebiscite on the 1 July of that year, and on the same day the Ninth Dáil was elected. The Ninth Dáil was therefore elected as the lower house of the Free State Oireachtas but in December its role changed to that of lower house of a new legislature.
Footnote
- The constitutional maximum was increased from four to six years by the Constitution (Amendment No. 4) Act, 1927. The five year legal maximum was imposed by the Electoral (Amendment) Act, 1927.
See also
- History of the Republic of IrelandHistory of the Republic of IrelandThe Irish state originally came into being in 1922 as the Irish Free State, a dominion of the British Commonwealth, having seceded from the United Kingdom under the Anglo-Irish Treaty. It comprises of 26 of Ireland's 32 counties...