SECTION 3 - THE OIREACHTAS
According to Bunreacht na hÉireann, the Oireachtas has the sole power of making laws in Ireland. The Oireachtas is made up of:
- The President of Ireland,
- Dáil Éireann, which is the Lower House of the Oireachtas
- Seanad Éireann, which is the Upper House of the Oireachtas.
THE PRESIDENT OF IRELAND
The role of the President
After winning a Presidential Election, a new President is inaugurated (officially sworn into the office of President) in St Patrick's Hall in Dublin Castle.
At the inauguration ceremony, the new President takes an oath in the presence of members of both Houses of the Oireachtas, the Judges of the Supreme Court and the High Court, and other public officials.
St Patrick's Hall in Dublin Castle, where the President of Ireland is inaugurated.
The President is the Irish Head of State.
As Head of State in Ireland, the President takes precedence over all other persons in the State, and exercises powers and functions conferred by the Constitution and by law.
The President is not answerable to either House of the Oireachtas (Dáil Éireann or Seanad Éireann) or to any court in the performance of his/her functions, but the Constitution lays down a procedure under which the President may be impeached (put on trial) for stated misbehaviour.
The President is elected directly by the people of Ireland and may be removed from office by either House of the Oireachtas.
The term of office is seven years and the President may not serve more than two terms.
The President resides at the official residence, 'Áras an Uachtaráin', which is located in the Phoenix Park, Dublin.
Áras an Uachtaráin in Dublin's Phoenix Park
Although the President is the Irish Head of State, he/she plays a mainly ceremonial role in the running of the State.
The Government must approve all Presidential communications, both to the Oireachtas and to the public.
In fact, many of the powers of the President can only be exercised on the advice and agreement of the Government.
As well as receiving help from the Government, the President is also assisted in performing his or her duties by the Presidential Commission and the Council of State.
The Presidential Commission
If the President is unavailable, the Presidential Commission steps in to perform his/her functions.
This may occur if the President is incapicated, if he/she dies or resigns, if he/she is removed from office or fails to perform his/her functions.
The Presidential Commission is made up of the Chief Justice, the Ceann Comhairle of the Dáil, and the Cathaoirleach of the Seanad.
Any two members of the Commission can perform the functions of the President.
The Presidential Commission frequently acts instead of the President while he/she is abroad.
The Council of State
The President has some powers that he/she cannot use without first consulting with the Council of State.
This is an advisory body that helps and advises the President.
The Council of State is made up of -
- Ex-officio members: This means people who are members by virtue of their office. These include the Taoiseach, the Tánaiste, the Chief Justice, the President of the High Court, the Ceann Comhairle of the Dáil, the Cathaoirleach of the Seanad, and the Attorney General.
- Former office holders: these include all former Presidents, Taoisigh and Chief Justices who are able and willing to act.
- Members appointed by the President: The President can appoint up to 7 members whose time on the Council of State lasts as long as the President's term of office. If the President has sufficient reason he/she can terminate the appointment of any of these members.
The powers of the President
Signing Bills and referring Bills to the Supreme Court
Every Bill must be signed by the President before it can become law.
As soon as a Bill has been passed by both Houses of the Oireachtas, it is presented to the President for signature.
Once a Bill has been signed by the President, he/she must then publish a notice in Iris Oifigúil (the official State gazette) stating that the Bill has become law.
The President has the power to refer a Bill to the Supreme Court if he/she is in doubt as to whether the Bill is constitutional.
This must be done within 7 days of the Bill being presented to the President.
If the President decides to refer a Bill to the Supreme Court, he/she must first consult with the Council of State, but the final decision is the President's alone.
If the Bill is referred to the Supreme Court, the Court must decide whether or not the Bill is in keeping with the Constitution.
If the Court decides that the Bill is unconstitutional, then the President cannot sign it into law.
The offices of the Supreme Court are located in
the Four Courts building in Dublin
The President also has the power to refuse to sign a Bill if a majority of members of the Seanad, and at least one-third of the members of the Dáil, petition him/her not to sign the Bill.
The President must consult with the Council of State before deciding within 6 days whether or not to sign the Bill.
This power has never yet been used.
The President also has a particular power in relation to Money Bills.
The Seanad has less power than the Dáil over Money Bills.
Sometimes a conflict may arise between the Dáil and the Seanad as to whether or not a particular Bill is a Money Bill.
When such a situation occurs, the Seanad may ask the President to refer the question to a special Committee of Privileges.
The President must consult with the Council of State before deciding whether or not to refer the Bill to the Committee of Privileges.
If he/she decides to refer it, it is then up to this Committee to decide on the status of the Bill.
Appointing members of the Government and other officials
The President appoints the Taoiseach, who has been nominated by Dáil Éireann.
When the Taoiseach then nominates the other members of the Cabinet, they must be approved by the Dáil, and then officially appointed by the President.
The President accepts the resignation or terminates the appointment of a Cabinet member after he/she has been advised to do so by the Taoiseach.
The President appoints the Attorney General, who has been nominated by the Taoiseach.
The Attorney General is the advisor to the Government on matters of law and legal opinion. He/she is appointed by the Taoiseach and leaves office if the Government changes. The person appointed is usually a lawyer who has political associations with the party in power. While the Attorney General is not a member of the Government, he or she traditionally attends at Cabinet meetings.
The President also appoints the Comptroller and Auditor General, who is nominated by Dáil Éireann.
The Comptroller and Auditor General carries out an audit of the State's accounts every year. He/she then submits an annual report of the audit to Dáil Eireann. The Comptroller and Auditor General cannot be a member of the Oireachtas.
The President also appoints the Comptroller and Auditor General, who is nominated by Dáil Éireann.
The President also appoints the judges that have been nominated by the Government.
Summoning and dissolving the Dáil
After a General Election, Dáil Eireann is summoned by the President on the advice of the Taoiseach.
The President also has the power to dissolve or end the Dáil, again on the advice of the Taoiseach.
If the Taoiseach has the support of the majority of Dáil Eireann, the President cannot refuse to dissolve the Dáil.
However, if the Taoiseach no longer has the support of the majority of TDs, and he/she advises the President to dissolve the Dáil, the President may refuse to do so.
If the President refuses to dissolve the Dáil, the members must then nominate an alternative Government. This power of refusal has never been exercised.
Acting as Supreme Commander of the Defence Forces
The President is Supreme Commander of the Defence Forces in Ireland.
The Defence Forces consist of the Permanent Defence Force (PDF) and the Reserve Defence Force (RDF). The PDF includes the Army, the Naval Service, and the Air Corps. The RDF includes An Fórsa Cosanta Áitiúil (the FCA), which is the Army Reserve, and An Slua Muirí, which is the Naval Reserve.
Military command of the Defence Forces is exercised by the Government, through the Minister for Defence.
Members of the Irish Defence Forces: Infantry soldiers on patrol
Representing the people
The President is the representative of all of the people of Ireland. He/she makes official State visits abroad, and also receives other Heads of State who are visiting Ireland.
Within Ireland itself, the President undertakes a wide range of public engagements, for example attendance at conferences and meetings, award-giving functions, and opening ceremonies.
Convening the Oireachtas
After consultation with the Council of State, the President may convene (call) a meeting of either or both Houses of the Oireachtas.
At the meeting, the President may communicate a message on a matter of national or public importance.
This message must first be approved by the Government.
Such a meeting might be called in an emergency situation.
Past Presidents of Ireland
The following is a list of those who have held the position of President of Ireland in the past:
- Douglas Hyde 1938-1945
- Seán T. O' Ceallaigh 1945-1959
- Eamon de Valera 1959-1973
- Erskine Childers 1973-1974
- Cearbhall O' Dálaigh 1974-1976
- Patrick Hillery 1976-1990
- Mary Robinson 1990-1997
- Mary McAleese 1997- the present day
DÁIL ÉIREANN
Dáil Éireann is the lower, and more powerful, House of the Oireachtas.
The Dáil is made up of 166 members who are called Teachta Dála, meaning `Members of the Dáil'.
The title `Teachta Dála' is usually shortened to TD, but members of the Dáil are also known as deputies, or members of Parliament.
TDs are elected directly to the Dáil by the people of Ireland in a General Election.
For General Elections, the country is divided into 42 constituencies and every constituency must elect at least three members to the Dáil.
As far as possible, the ratio of population to TD must be equal in each constituency.
Bunreacht na hÉireann states that the number of TDs cannot be more than one for every 20,000 of the population, and cannot be less than one for every 30,000.
The fact that we now have 166 TDs in the Dáil means that there is approximately one TD for every 21,000 people in Ireland.
A TD can be a member of a Government party, a member of the Opposition, or may sit as an independent TD.
The Opposition is made up of all the representatives to the Oireachtas who are not members of a Government party, ie, who do not support the Government.
There is no minimum period for the duration of the Dáil, but according to Irish law, there must be a general election at least once every five years.
As we learned already, the President of Ireland has the power to dissolve the Dáil so that a General Election must be held.
Once the President issues a proclamation dissolving the Dáil, a General Election must be held within 30 days.
The Minister for the Environment is in charge of setting the date for polling day.
Dáil Éireann is located in Leinster House, on Kildare Street in Dublin.
The interior of Dáil Éireann in Leinster House in Dublin
The work of a TD in Dáil Éireann
TDs represent and work on behalf of the electors in their constituency.
A TD's work in the Dáil involves meeting in general sessions on Tuesdays, Wednesdays, and Thursdays.
Typically a day's work for a TD would include researching and preparing speeches for debates on social and economic issues; contributing to debates about new legislation and other important matters; and voting on issues in the Dáil.
All debates in Dáil Éireann are chaired by the Ceann Comhairle.
The Ceann Comhairle's desk in Dáil Éireann in Leinster House
The work of TDs in Dáil Éireann also includes making written or oral representations to Ministers or Government Departments on behalf of their constituencies; participating in the work of Parliamentary Committees; and taking part in Question Time.
The work of TDS outside of Dáil Éireann
As well as their work in the Dáil, TDs work hard within their own constituencies.
They hold regular advice clinics throughout their constituencies so that constituents can meet them personally, and discuss any problems they may have.
TDs often help their constituents with family or personal problems that relate to a Government department, local authority or health board.
TDs are often very involved with politics at a local level. Many TDs are active in local government: they are members of local authorities, health boards, and VECs (Vocational Educational Committees), as well as being members of Dáil Éireann.
However, as of 2004, it will no longer be permissible to have a dual mandate, ie, to be a member of Dáil Éireann and a member of a local government body simultaneously.
Fine Gael TDs
Fine Gael currently has 31 TDs in Dáil Éireann. The following photographs show you some of those TDs, and give you an idea of the sort of daily work they do as a member of the Oireachtas.
John Deasy
John Deasy is thirty-six years old and is a TD in the Waterford constituency. He was elected to the Dáil in May 2002, and appointed Fine Gael spokesperson on Justice, Equality, and Law Reform. Before becoming involved in Irish political life, John worked as a legislative assistant in the US Senate and in the American House of Representatives. John's father, Austin, was a Fine Gael politician from the 1960s until his retirement in 2002.
Olwyn Enright
Olwyn Enright is 29 years old. She was first elected to Dáil Éireann in May 2002, for the constituency of Laois/Offaly. Olwyn was appointed Fine Gael spokesperson on Education and Science the following month, and since then has played an instrumental role in ensuring that third level fees are not re-introduced in Ireland. At present Olwyn is also a member of Offaly County Council.
Damien English
Damien English comes from the Meath constituency. Like John and Olwyn, he was elected to the Dáil for the first time in May 2002. He is 25 years old, and is Fine Gael's Deputy Spokesperson on Arts, Sport and Tourism. Damien made history in 1999, when aged only 21, he became the youngest member ever of Meath County Council.
Paul Kehoe
Paul Kehoe is from the Wexford Constituency. He was elected to Dáil Éireann in 2002, when he was 30 years old. He is currently Fine Gael's Deputy Spokesperson on Communications, Marine and Natural Resources in the Dáil. Paul is a former Youth Officer with Wexford GAA and a former chairman of Macra na Feirme.
SEANAD ÉIREANN
Seanad Éireann is the senate of Ireland. It is the second House of the Oireachtas, the Upper House.
The Seanad is made up of 60 members who are called Senators.
To become a Senator, you must be a citizen of Ireland and over 21 years of age.
You must not be:
A judge
A senior official of the European Union
A civil servant
A member of the Defence Forces or the Garda Síochána
Serving a prison sentence of more than 6 months
An undischarged bankrupt
A person of unsound mind
Like Dáil Éireann, the Seanad is located in Leinster House in Dublin.
Leinster House
Composition of the Seanad
11 Senators are nominated by the Taoiseach
The Taoiseach nominates 11 members of Seanad Éireann.
The Taoiseach can nominate anybody who fits the eligibility criteria for becoming a Senator.
If the Taoiseach is the leader of a coalition government, the 11 nominations are usually shared between the coalition parties in proportion to party strengths.
According to Bunreacht na hÉireann, it is possible for two Senators to become members of the Government.
Therefore, the Taoiseach may nominate a person to Seanad Éireann so that he/she can be appointed to the Government.
Normally, the Taoiseach makes his/her nominations after the other 49 seats have been filled by a Seanad election.
Six Senators are elected by university graduates
Six members of Seanad Éireann are elected by the graduates of two Irish universities:
The National University of Ireland (NUI), and
The University of Dublin
Each of these universities elect three Senators.
The NUI comprises University College Dublin; University College Cork; the National University of Ireland, Galway; and the National University of Ireland, Maynooth.
The University of Dublin is Trinity College.
43 Senators are elected from panels of candidates
Before a Seanad election five panels are formed, containing candidates who have knowledge and practical experience of the following areas:
Cultural and educational panel
This includes people involved with the Irish language, culture, literature, art, education, law, and medicine.
Agricultural panel
This includes people involved in agriculture and fisheries
Labour panel
This includes people involved in either organised or unorganised labour
Industrial and commercial panel
This includes people involved in industry and commerce, including banking, finance, accountancy, engineering, and architecture.
Administrative panel
This includes people involved in public administration and social services, including voluntary social services.
As we learned in Section Two, under the heading Elections, not everybody who is listed on the Register of Electors is entitled to vote in a Seanad Election.
Rather, the electorate (people entitled to vote) for each of the five panels listed above is made up of the following people:
Members of the newly-elected Dáil
Members of the outgoing (old) Seanad
Members of county councils and county borough councils
The functions of Seanad Éireann
The main work of Seanad Éireann involves legislation or law-making.
As we will see in Section 6, a Bill may start life in either the Dáil or the Seanad.
The majority of Bills usually come from the Government and are passed in the Dáil first.
They are then sent to the Seanad, so that Senators can consider the contents of the Bill, and hold a debate about it.
Within 90 days, the Seanad may propose changes to the Bill, or they may reject or pass the Bill.
The Dáil, however, has the power to over-ride the Seanad's rejection of a Bill.
As regards Bills that relate to Government spending (Money Bills), the Seanad has very limited powers.
These Bills cannot start life in Seanad Éireann - they must come from the Dáil.
Furthermore, the Seanad has only 21 days to consider Money Bills, and cannot make changes to them.
The Seanad shares other functions with the Dáil, for example the removal from office of the President or of a judge of the Supreme Court, or the declaration of a state of emergency.
The work of Senators
The first thing that a new Seanad does after a General Election is to elect a Cathaoirleach (Chairperson or Speaker) from amongst the new Senators.
Seanad Éireann normally meets on Wednesdays and Thursdays.
Typically, a working day for a Senator involves researching and preparing speeches for debates on social, economic and financial issues.
Senators also deal with drafting (planning and writing) amendments, or changes, to Bills, and examining proposals for new laws.
They contribute to debates on these Bills, and on other important matters.
They also vote on various issues in the House.
As well as their work in Seanad Éireann, and their work on parliamentary committees, many Senators are also very involved with politics at a local level.
Many members of the Seanad are also members of local authorities, although like TDs, they will no longer be allowed to hold a dual mandate (a seat in the Seanad, and a seat on a local government body) from the beginning of 2004.
Senators make themselves available to members of the public in their locality to give them advice and guidance on their areas of expertise, or to help them with any problems they might have.
Like TDs, many Senators hold regular clinics in their local area, so the people of that area can drop in and meet their political representative in person.
Fine Gael Senators
Fine Gael currently has 15 representatives in Seanad Éireann.
The following photographs show some of our Senators, and the accompanying text explains the work that they do.
Brian Hayes
Senator Brian Hayes is 34 years old. He first became a member of Seanad Éireann in 1995, when he was nominated by then Taoiseach and leader of Fine Gael, John Bruton, TD. Between 1997 and 2002, Brian was a TD in Dáil Éireann, and since July 2002, he has been Leader of the Opposition in Seanad Éireann. Brian was recently named Fine Gael's Front Bench Spokesperson on Dublin by party leader, Enda Kenny. He lives in Tallaght, in the Dublin South West constituency.
John Paul Phelan
Senator John Paul Phelan is 25 years old. He was elected to Seanad Éireann for the first time in 2002, and was the youngest Senator from any party elected in that year. John Paul comes from Co. Kilkenny. He was elected to the Seanad on the Agricultural panel, and is currently Fine Gael's Spokesperson in the Seanad on Arts, Sport and Tourism. At present, he is also a member of Kilkenny County Council.
Fergal Browne
Senator Fergal Browne is 30 years old. He comes from Co. Carlow, and, like John Paul Phelan, he was first elected to Seanad Éireann in July, 2002. He was elected as a Senator on the Labour panel. Fergal is currently Fine Gael's Spokesperson on Transport in the Seanad, and is also a member of Carlow Town Council.