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Seanad
‹ An tOrd Gnó - Order of Business

Presidential powers and constitutional clarity

Summary

Senator O’Sullivan argued that the Constitution leaves grey areas around the President’s role and recent controversies. He proposed a presidential liaison office, a constitutional committee, and greater use of the President’s power to address the Houses, with supportive interjections throughout.

Our Constitution declares that the Government of our Republic is a matter for the Oireachtas, which consists of Dáil Éireann, Seanad Éireann and Uachtarán na hÉireann. I do not claim to be a constitutional expert, but there is a clear delineation of powers and responsibilities between these three components. To put it in layman's terms, ours is first and foremost a parliamentary democracy and political power resides in Leinster House. The Government of the day is responsible for drawing up a budget and implementing its programme in a manner that best benefits the entire community. The Government is held to account by the Opposition and has to answer to the people at regular intervals of not more than five years. The Constitution provides a far more limited role for the President. Many presidential powers may only be exercised on the advice of Government. The President has functions in summoning or dissolving the Dáil, signing legislation into law, appointing judges or referring Bills to the Supreme Court. The President also acts as supreme commander of the Defence Forces.

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Mark Daly An Cathaoirleach

Senator, I might anticipate where you are going with this. I urge caution.

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I ask the Cathaoirleach not to anticipate where I am going with this. I am choosing my words very carefully. I have worded my speech on the basis of advice. The President-----

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-----is also Head of State, a role that is basically symbolic and ceremonial. There is an important convention which, by and large, has been observed since we adopted our Constitution, whereby none of the three branches of the Oireachtas are critical of each other. We all remember the one case in which that convention was breached. It led to the resignation of a President and a Government Minister. In recent months, the Presidency has become involved in controversy, something that no one will welcome.

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The truth hurts.

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I cannot and will not address any of these individual controversies. However, I would like to make a suggestion as to how they can be avoided in future. In the first instance, the President and the Government should create a presidential liaison office. This would be helpful to both the Executive and the President.

Second, a constitutional committee should be established to examine and provide clarification in respect of the functions and powers of the President.

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There are grey areas that could eventually lead to a constitutional crisis, if left unaddressed.

Third, the President could make more use of his powers to convene and address the Houses of the Oireachtas. The Constitution makes clear provision for this. It would be a proper forum for an open exchange of views and topics which are of concern to the President.

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At present, it would seem that a President - in practice, at least - can comment on the record of endeavours of the Government, but these comments may not be debated in Parliament or publicly challenged by the Government or the Opposition. I offer these thoughts and suggestions in a positive spirit. Our Constitution, with necessary amendments, has stood us in good stead since 1937. It is an important document. We have seen how close and vulnerable even the most powerful democracies are to subversion and anarchy. We should act on this issue now in order to avoid further trouble.

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