President and constitutional powers
Senator Craughwell criticised President Higgins’s reported remarks and argued that the President should have acted on Government advice under Article 13.11. The Chair insisted the President is not answerable to the Houses and repeatedly ruled him out of order, with supporting interjections from other Senators.
These Cork spats in the House are very unseemly. My colleague Senator Warfield spoke about Ursula von der Leyen and what she had to say and what she did not have to say. We have a situation where our President, Michael D. Higgins, goes to-----
Comment on this
I have to put on my headphones now because I have to hear you.
Comment on this
Michael D. Higgins goes to Rome and he does exactly what Ursula von der Leyen did.
Comment on this
He makes a statement without, I understand, having run it past the Government or the Council of State.
Comment on this
Sorry, Senator. I appreciate your desire to speak on matters appropriate to the Order of Business, but-----
Comment on this
I hope the clock has stopped.
Comment on this
-----as you know quite well, the Office of President is not answerable to the Houses of the Oireachtas. You have done this before.
Comment on this
No, there is a question here.
Comment on this
Excuse me. There is a question here. We have a Constitution in this country.
Comment on this
The bottom line, Senator, with all respect, and I appreciate your sincerity, is that the Office of the President is not answerable to the Houses of the Oireachtas.
Comment on this
That is a whole different matter, Senator Conway. That is not for us to discuss today.
Comment on this
I fully accept that the President is not answerable to this House. However------
Comment on this
The exercise and performance of his duties and the powers and function of his office-----
Comment on this
Shall I just read a paragraph here, which is nothing to offend anybody? Article 13.11 of the Constitution states:
No power or function conferred on the President by law shall be exercisable or performable by him save only on the advice of the Government.
I want to know if the President had the advice of the Government before he went and did what he accused Ursula von der Leyen of doing.
Comment on this
At the end of the day, we have a Constitution. We either live by it or we do not. You cannot select from it piecemeal. It is not an à la carte menu.
Comment on this
Members should know and will understand that that is the precedent and tradition of the House.
Comment on this
My final comment is that we have one spokesperson on foreign affairs in this country, and that is the Tánaiste and Minister for Foreign Affairs. Nobody else can state Irish policy anywhere.
Comment on this
Thank you. I refer all Members of the House, not just Senator Craughwell, to Article 13.8.1° of the Constitution.
Comment on this
I have a copy here in my pocket.