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Home , Cathaoirleach, Ceann Comhairle, Clann na Poblachta, Labour Panel, Progressive Democrats

Date Printed: 04/21/2009

JTS Box Number: lFES 65

Tab Number: 20

Document Title: Constitution and Government

Document Date: 1995

Document Country: Ireland

Document Language: English lFES ID: CE00864 Constitution and Government

The President, Mrs. Mary {?obinson, addressing a joint session.oj the houus ofthe .

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Ireland is a parliamentary demo~racy. The CONSTITUTION Houses of the Oireachtas and the National Parliamem (in the·, Government. It also defines the structure Oireachras) consists of the President (an The Constitution ofireland is the basic and powers of the courts, sets out the rUachraran) and two Houses: a House of law of the State, It was adopted by fundamental rights of citizens and contain; Representatives (Diil Eireann) and a plebiscite in 1937. It is the successor of the a number of directive principles of social Senate (Seanad Eireann). The sole and Constitution of Diil Eireann (I 919) and policy for the general guidance of me exclusive power of making laws for the the Constitution of the Oireachtas. The Constitution may be State is vested in Parliament. The functions (I922). The Constitution states that all amended only by referendum. and powers of the President, Diil and legislative, executive and judicial powers of Seanad derive from the Constitution of Government derive from the people. It sets The Consrimtion outlines what are Ireland (Bunreacht na hEireann) and law. out the form of government and defines considered the fundamental rights of the the powers of the President, the two citizen. The definition of rights in the

Fact Sheet 2/95 Issued by the Department of Foreign Affairs, . Constitution' covers five broad headings: State, the (qualified) right to work and to the Diil on the advice of a who personal rights, the family, education, earn a livelihood. the right to marital has ceased to retain the support of the private property and religion. privacy. the right of access to the courts. majoriry in the Dail. This power, which the right of the citizen to sue the State in has not so far been exercised, would force Personal Rights: the Constitution court. the right to justice and fair the Taoiseach to resign and give the Diil declares that all citizens are equal before procedures. the right to travel within and the opportunity [0 nominate a successor. the law; it guarantees to defend and without the State, the right to marry, the vindicate the personal· rights of citizens in I rights of the unmarried mother in regard The supreme command of the Defence its laws: it provides that there will be no to her child, . Forces is vested in the President. She is not deprivation of personalliberry except in answerable to either House of Parliament accordance with law; it provides for the This list is not exhaustive and it is also or to any court for the exercise and right to 'habeas corpus'; it guarantees the likely that the Courts will identifY more, as performance of the powers and functions inviolabUity of ci'tizens' dwel!ings except"in yet unenumerated. personal rights in future. of her office, She may, however, be accordance with law; and it guarantees, impeached for stated misbehaviour. subject to public order and morality, Citizens, and in certain cases non-citizens, liberty to express freely one's convictions have the right to apply to the courts to Any Irish citizen of 35 years of age may aild opinions, the right to ass~mble . 'I protect from infringement their rights stand for the office of President, The peaceably and without arins, and the right under the Constitution or to,ha~e a President is elected by direct vote of the to form associations and unions. ' judgement pro!l0unced as to whether people every seven years. A President may legislation is compatible with the ' not serve for more than two terms. The Family: the State recognises the Constitution. provided the legislation family as a ~ora1 institution posst;ssing affects, or is likely to affect, the person . The following have held the office of inalienable and imprescriptible rights, and challenging it. Moreover, the· President may President since it was established by the guarantees (0 p~otect it ~nd the institutioh before signing a refer it to the Supreme 1937 Constitution: of marriage. . Court for a decision on its compatibility (1938-45), Sean T. 0 Ceallaigh with the Constitution. ·These procedures (1945-59), Eamon de Valera (1959-73), Education: the State recognis~ the have be'en employed on a· number of Erskine Childers (1973-74), Cearbhall 0 primacy of the family in the education of' occasIOns. DaIaigh (1974-76), Patrick J Hillery children and undertakes to provide for free (1976-1990) and primary education and to supplement aria (1990-). ' THE PRESIDENT aid private educational initiative. with due regard to the rights of the parents, ' The Pres'ident is the Head of State, The THE LEGISLATURE Private Property: the right to,,<.?wn priV

2 Government Buildings, Merrion Street, Dublin

Bill are debated (second stage) and, if a public funds and for assenting to a only be initiated in the Diil and certain second readi'1g is agreed to, the Bill is then declaration of, or participation in, war. restrictions apply to the extent to which considered in committee, which is usually the Seanad may amend such Bills. The a committee of the whole House, though Members of the Dail have the right to must certify that the it may be a special or select committee. At address questions in Parliament to Bill in question is a Money Bill. this third stage the Bill is considered Ministers where these relate to public section by section and substantive affairs connected with the work of the A Bill passed by rhe Dail which the Seanad amendments may be made. At the fourth Ministers' Departments or with matters of rejects or which passed in the Seanad with or report stage the Bill, as reported from administration for which they are officially amendments to which the Doiil does not the committee, is considered in 'toto' and responsible. Parliamentary questions agree, or a Bill which is neither rejected further amendment may be made. At the cannot lead to a debate or a vote. nor passed within ninety days by the fifth and final stage a general debate is However, a member who is dissatisfied Seanad, may subsequently be enacted inca permissible but is confined strictly to what with an answer may, with the consent of law by a resolution of the Dail. is contained in the Bill. It may then be the Ceann Comhairle (Chairman) of the passed by the House and sent to the other Diil, initiate a discussion at the time of Membership of the D:lil House. After a Bill has been passed by the adjournment of the House. Also with The D:liI has 166 members (known as both Houses it is sent to the Ptesident for the consent of the Ceann Comhairle, a Teachtai Dala 'Deputies to the her signature and promulgation as law. member may, if supported by at least Representative Assembly' or TDs) returned Bills which become law are termed Acts. twelve members, move a motion that the by 41 constituencies, each of which elects House adjourn to discuss a matter of three, four or five members, according to its Under the Constitution, the Diil has urgent public importance. population. The Constitution provides that exclusive responsibility for considering the the number of members of the D:lil must estimates of receipts and expenditure of The monies required by the Government be such that there is not more than one the State, for approving international for both current and capital expenditure member for evety 20,000 people or less agreements which involve charges upon are voted by the Dail. A Money Bill may than one member for every 30,000 people.

3 Strength of the Parties in the Dill after each, General Election 1922-1992

Cumann Farmers Republican! na nGaedheall Qannna Progressive Other Election Total . Fianna Fail Labour Talmhan Democrats Parties* Independents

1922 128 35 58 17 7 II 1923 153 44 63 14 15 17 1927(1) 153 44 47 22 II 13 16 1927(2) 153 57 62 13 6 2 13 1932 153 72 57 7 4 13 1933 153 77 48 8 11 9 1937 138 69 48 13 8 1938 138 77 45 9 • 7 1943 138 67 32 17 14 8 1944 138 76 30 8 II 4 9 1948 147 68 31 19 7 IO 12 1951 147 69 40 16 6 2 14 1954 147 65 50 19 5 3 5 1957 147 78 40 13 3 5 8 1961 144 70 47 16 2 3 6 1965 144 72 47 22 . 3 1969 144 75 50 18 ;; 1973 144 69 54 19 • 2 1977 148 84 43 17 4 1981 166 78 65 15 5 3 1982(1) 166 81 63 15 3 4 1982(2) 166 75 70 16 2 3 1987 166 81 51 12 14 5 3 1989 166 77 55 15 6 9 4 1992 166 68 45 33 10 5 5

*Details of the strengths of other parties are as follows:

1927(1) National League 8; Sinn Fein 5 1981 H-B1ock 2; Ind. FF I; SLP I 1927(2) National League 2 1982(1) Workers Parry 3 1933 Centre Party 11 1982(2) Workers Party 2

1944 National Labour 4 1987 Workers Party 4; Democratic Socialist Parry

1948 Ciano na Poblachta 10 1989 Workers Party 7; Democratic Socialist Party 1· 1951 C1ann na Poblachta 2 1

1954 Ciano na Poblachta 3 1992 Democratic Left 4; Green Party 1 1957 Sinn Fein 4; 1961 National 2; Ciano na Poblachta 1

6 Primed·in Ireland The constituencies must be reviewed at Privileges of members election, the prospective Taoiseach first least once every twelve years, with due Each House makes its own rules and secures the support of a majority in the regard to changes in the distribution of the standing orders, with power to attach new Dail and then is formally appointed population. . penalties for their infringement, and has by the President. The Taoiseach must the power to ensure freedom of debate, to resign when the Government ceases to Parties in the Dail protect its official documents and the retain majority support in the Dail. The following political parties were private papers of its members, and to The office of Tao is each (styled 'President represented in the Dail following the 1992 protect itself and its members against any of the Executive Council', 1922-37) has General Election: Fianna Fail, Fine Gael, person or persons interfering with, been held by the following: William T the , Progressive Democrats, molesting or attempting to corrupt its Cosgrave 0922-32), Eamon de Valera Democratic Left and the Green Party. The members in the exercise of their duties. 0932-48,1951-54,1957-59), John A table on page 5 shows the strength of the Costello 0948-51,1954-57), Sean F various parties in the Dail since 1922. All official reportS and publications of the Lemass 0959-66), Houses and utterances made in either 0973-77), Jack M Lynch 0966-73, Seanad Eireann House are privileged. 1977-79), Charles J Haughey 0979-81, Bills passed by the Dail are sent to the March 1982-November 1982, 1987-92), Seanad, where they can be amended. The members of each House are, except in Garret FitzGerald 0981-February 1982, These amendments are considered by the the case of treason, felony or breach of the December 1982-1987), Albert Dail. The Seanad's duty in relation to peace, privileged from arrest in going to (February 1992-1994) and finance is limited to giving consideration, and returning from, and while within the (1994- ). within 21 days, to Money Bills. In general, precincts of, either House, and are not, in the Seanad may delay for a maximum of respect of any utterance in either House, Parliamentary Elections ninety days a Bill passed by the Dail or amenable to any court or any authority The lifetime of a Diil is not more than five may suggest changes in the Bill, but other than the House itself. years from the date of its first meeting. In ~nnot block it permanently. practice, however, the Taoiseach normally Each House elects its own Chairman exercises his power to recommend Membership of the Seanad (Ceann Comhairle of the Dail and dissolution before the end of that period. A The Seanad has sixty members: of the Seanad) and Deputy general election must take place within . Chairman. They have charge of the thirty days of a dissolution of the Dail, and 1. Eleven are nominated by the Taoiseach. conduct of proceedings and the the newly elected Dail must meet within administration of their Houses. The thirty days of the polling date. 2. Six are selected by graduates of the outgoing Ceann Comhairle is University of Dublin, the National automatically deemed to have been re­ University ofIreiand and such other elected to the'Dail after a general election, ELECTORAL SYSTEM institutions of higher education as may without having to go through the electoral be designated by law. process. Both Houses of Parliament are assisted by a secretariat of civil servants How the Dail is elected 3. The remaining forty-three are elected who work under the direction of the Irish citizens and British citizens who have from five panels made up of people Clerks of the Dail and Seanad. reached the age of 18 years and who are representing different vocational and ordinarily resident in a constituency are professional interests and services. Each entitled to be registered as electors and to panel is divided into two sub-panels: THE GOVERNMENT vote in general elections in the Dail one composed of candidates constituency in which they are normally nominated by at least four members of The executive power of the people is resident. the Oireachtas and another composed exercised, by the Government or on its of candidates nominated by registered authority. Under the Constitution the No person may vote more than once. The groups in the spheres of culture and Government must consist of not less than ballot is secret. Members are elected on the education, agriculture, labour, industry seven and not more than fifteen members, system of proportional representation and and commerce, and public each of whom normally heads one or more by means of the in administration and social services. Departments of State. It acts as a collective multi-member constituencies. The register authority responsible to the Dail. of electors is compiled annually by the Sittings of the Houses registration authorities. Postal voting is Attendance at debates in the Houses is not There may be up to seventeen Ministers of available tomembers of the police (Garda compulsory and no official record is kept State, who are not members of the Sfochana) and full-time members of the of the members attending. The Dail sits Government but who assist specific Defence Forces, civil servants (and their for about 100 days in the year and the Ministers in their work. spouses) attached to Irish missions abroad. Seanad for about 60. Both meet in Electors with physical disabilities or , Dublin. The practice is that, following a general illnesses which prevents them from going

4 to a polling station to vote may be If, on the first count, no candidate has commercial panel (representing registered as special voters and may vote at r~ached the quota, the candidate who industry and commerce and including home by having a ballot paper delivered to received the lowest number of votes is banking, finance, accountancy, them. ~'liminated and his votes are transferred to engineering and architecture), of whom the candidate fot whom a second preference three at least are elected from each sub­ Every Irish citizen who has reached the age i~ recorded. If a candidate receives more panel. of 21 years, and who is not placed under than the quota required for election, the " 5. Seven members from the administrative disabiliry or incapaciry by the Constitution surplus votes are transferred to the panel (representing public or by law, is eligible for membership of the temaining candidates in accordance with administration and social services, Diil and Seanad. the subsequent preferences expressed by the including voluntary social activities), of electors. There is a register of political parties. A whom three at least are elected from each sub-panel. candidate's nomination paper may include When the number of remaining candidates . , the name of the registered political parry neither elected nor eliminated equals the Formation of panels which he or she represents or, in the case of number of vacancies to be filled, those The Clerk of the Seanad, acting as Seanad a person who does not represent a registered candidates are declared elected although Returning Officer, is required 'to maintain a parry, the description 'non-parry'. These , they may not have reached the quota. particulars will appear on the ballot paper. register of bodies entitled to nominate a number of people to the panels of A bye-election is held to fill a vacancy candidates. At a Seanad election each Polling takes place in schools and other created by the death, resignation or nominating body registered for a panel may suitable public buildings. Polling aisqualification of a member of the Diil. propose for nomination a fixed number of compartments are provided in which voters The voting procedure in a bye-election is people. The final nominations comprise can mark their paper in secret. Voters must the same as that for a general election. vote in person and not by proxy. what is known as the nominating bodies sub-panel. How the Seanad is elected The voters mark their paper by placing the An election fot the Seanad must take place figure' 1' opposite the name of the Any four members of either House may \vithin ninety days of a dissolution of the candidate of their first choice. They may nominate one candidate for any panel, but Diil. The date of the first meeting of the then place the figure '2' opposite the name , each member may join in only one such Inewly-elected Seanad is fixed by the of their second choice and so on. Under the nomination. The nominations made by president on the advice of the Taoiseach. single transferable vote system the elector is members of both Houses to each panel are 'There are separate systems for the election in effect telling the returning officer: 'I known as the Oireachtas sub-panel. 'Iof university and panel members. wish to vote for A, but if A does not need my vote or has no chance of being elected, Candidates must have knowledge and ,i Panels :". transfer my vote to B. If B in turn does not practical experience related to the panel for 'The numbers of members of the Seanad need my vote or has no chance of election, which they are nominated. :elected from each panel is divided as follows: transfer my vote to C, and so on'. The Electorate , 1. Five members from the cultural and Counting votes The electorate for an election of panel educational panel (representing the The count ~ommences at 9 am on the day members to the Seanad numbers almost national language and culture, after polling day. At the opening of the 1,000 and consists of: literature, art, education, law and count the ballot papers are mixed together medicine - including surgery, and sorted according to the first preferences 1. the members of the incoming Diil, dentistry, veterinary medicine and recorded for the candidates. The total pharmaceutical chemistry), of whom number of valid papers is then found, and 2. the members of the outgoing Seanad, two at least are elected from each sub­ from that figure the quota is calculated panel. according to the formula: and 2. Eleven members from the agricultural Total valid votes panel (representing agriculture and 3. the members of the Councils of ------Plus 1 allied interests and fisheries), of whom Counties and the Corporations of Number of sears plus 1 four at least are elected from each sub­ Counry Boroughs. panel. Thus, if there were 40,000 votes and 4 Each elector has only one vote for each 3. Eleven members from the seats to be filled, the quota would be 8,00 1 panel. Each panel is counted separately (representing labour, whethet organised and only four candidates could reach the and the elections conducted in accordance or unorganised), of whom four at least quota. The quota, then, is the smallest with the principle, of proportional are elected from each sub-panel. number necessary to guarantee the election representation, by means of the single of a candidate. 4. Nine members from the industrial and transferable vote.

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