01-03 IrGov:01-03 IrGov.qxd 25/06/2009 09:28 Page 1 1 THE GOVERNMENT AND THE TAOISEACH Structure and Scope of the Government The Constitution acknowledges that all powers of government derive, under God, from the people, whose right it is to designate the rulers of the state; that the state is to be governed in accordance with the provisions of the Constitution; that the executive power of the state is exercised by or on the authority of the government; and that the government is responsible to the Dáil. The government consists of not less than seven and not more than fifteen members. It is frequently referred to as the cabinet, though this term does not appear in the Constitution. The members are selected by the Taoiseach, and in the case of a coalition government by agreement between the leaders of the parties involved, and appointed by the President. No specific qualifications, beyond membership of the Oireachtas, are prescribed for membership of the government, but it is generally accepted that, in the selection of ministers, considerations of general ability, suitability for particular portfolios, personal popularity, service to or standing in the party and geographical location are matters taken into account. The Taoiseach may request a minister to resign, and if he or she refuses to do so, the President, on the advice of the Taoiseach, must terminate the minister’s appointment. The government meets and acts as a collective authority and is collectively responsible for the departments of state. The Constitution contains no specification regarding the number of departments (this depends largely on the preferences of individual Taoisigh), and if there are more than fifteen at any time, individual ministers are assigned responsibility for more than one department. The Taoiseach and the Tánaiste, as well as the Minister for Finance, must be members of the Dáil; the other members of the government must be members of the Dáil or the Seanad, but not more than two may be members of the latter body. (Since the foundation of the state there have, in fact, been only three appointments of senators to the government: Joseph Connolly in 1932, Seán Moylan in 1957 and James Dooge in 1981.) Every member of the government has the right to attend and be heard in each House of the Oireachtas. On the dissolution of the Dáil, ministers continue to carry on their duties and hold office until their successors are appointed. 1 01-03 IrGov:01-03 IrGov.qxd 25/06/2009 09:28 Page 2 2 Irish Government Today In addition to its general provision that the government is the chief executive organ of the state, the Constitution contains express provisions relating to the powers, duties and functions of the government in certain matters. For example, in relation to the public finances, the Minister for Finance presents the estimates to the Dáil after detailed consultation with the other members of the government, and it is the government that has final control over the form and amounts of the estimates, as well as the responsibility for them. The Dáil may not authorise the spending of money for any purpose unless such spending has first been authorised by the government and recommended to the Dáil by the Taoiseach. The distribution of business between the government departments and the designation of members of the government to be the ministers in charge of particular departments are matters governed by law. The law is contained in the various Ministers and Secretaries Acts, the earliest of which was passed in 1924 and the most recent in 2007, which increased from seventeen to twenty the number of ministers of state that may be appointed by the government. The 1924 act designated the eleven departments then set up and indicated the work allocated to each. It provided that the minister in charge of each department would be a corporation sole , i.e. that the minister could sue and be sued as a corporate entity rather than as an individual. Subsequent acts provide for the setting up of new departments and outline their work. Under the Public Service Management Act 1997 managerial responsibility for the department is assigned to the secretary general, while the minister remains responsible for the administration of the department. The harp is used as the emblem of the state by the government, its agencies and its representatives at home and abroad. It is the principal element of the seals of the office of President and of all government ministers. The harp is also found on the obverse of euro coins minted in Ireland. It has been used as a national symbol for over five hundred years. The Work of the Government In addition to the Ministers and Secretaries Acts, there are various acts that confer functions and powers on the government. For example, the government appoints the Data Protection Commissioner, members of the Review Body on Higher Remuneration in the Public Sector, the chairpersons of some state-sponsored bodies, senior officers of An Garda Síochána and the members of the Higher Education Authority and it decides on applications by barristers to become members of the inner bar and to be designated senior counsel. As the chief executive organ of the state, the government also has a considerable amount of work to do besides that which is specifically conferred on it either by the Constitution or by statute. This 01-03 IrGov:01-03 IrGov.qxd 25/06/2009 09:28 Page 3 The Government and the Taoiseach 3 work includes such diverse duties as considering applications for increases in air fares, allocating emergency aid to groups affected by natural disaster, appointing army officers, approving cultural agreements with countries abroad, refurbishing government buildings and considering visits to Ireland by foreign heads of state. A major task, which impinges on every citizen, is the consideration of the advice and recommendations of the officials in the Department of Finance and the Office of the Revenue Commissioners relating to the total tax revenue for the year ahead. Within this total, the government decides on the changes to be made in the rates and scope of individual taxes and also on the introduction of new taxes or the abolition of existing ones. Factors that the government takes into account include the estimated expenditure on what are called goods and services for the year ahead, the level of Exchequer borrowing and the desirability of reducing this, the estimates of tax revenue based on existing rates, the effects on the economy and the individual sectors thereof of increasing or decreasing individual rates, the need for equity between the various groups in the community, EU requirements in regard to reduction in rates of value added tax and of excise duties, and political commitments made by the parties in government before an election or as part of a post-election government programme in regard to taxation matters. Such matters are considered by the government over a number of meetings, and the final decisions are announced by the Minister for Finance during the budget speech. The government is the centre of the administrative system in Ireland. In a sense it is Ireland’s board of directors: formulating policies, promoting legislation and directing the operations of the various departments of state. Farrell (1988b: 42) describes the cabinet as a ‘closed group . bound together by shared experience . indisputably in charge of the executive organs of the state and usually able to push through its own legislative programme’. The Public Services Organisation Review Group elaborated on the role of government in its 1969 report (known as the Devlin report): In addition to the basic functions of defence of the nation against outside aggression and maintenance of law and order, the role of government now embra ces the provision of adequate health, education and welfare services. It also embraces the provision of environmental services and assistance of cultural activities. Government must exercise some regulatory function in regard to individual enterprise and ensure that the rights of the individual are exercised with due regard to the general good. It encourages economic activity in the private sector, and there are certain activities which it has undertaken itself. The government has two main tasks. First, it has to run the country, under the Constitution in accordance with the rules laid down by the Oireachtas and 01-03 IrGov:01-03 IrGov.qxd 25/06/2009 09:28 Page 4 4 Irish Government Today with the resources granted by, and accounted for to, the Oireachtas each year. Secondly, it deals in the Oireachtas with changes affecting the community . Through its legislative programme (including financial measures) the government exercises its main influence over the future development of the country; thereby it influences the economy and the structure of society. Acting collectively, the ministers decide what is needed and how it should be achieved; their decisions depend on the quality of the information available to them and on their assessment of the requirements. They will, of course, become aware of these requirements in several ways – through their political machine, through the press and through the representations of the interests concerned – but, primarily, they will need to know the emerging needs of the community through the public service which operates existing programmes. When Dr Garret FitzGerald formed his first coalition government in 1981 he announced the appointment of Mr Alexis Fitzgerald as special adviser to the government, with the right to attend government meetings. In 1994 Taoiseach John Bruton allowed one minister of state (Pat Rabbitte) to attend cabinet meetings. This post became known as the ‘super junior’ minister of state.