Passage of Legislation

THE PASSAGE OF LEGISLATION

Irish Legal System:

Overview of legislative processes in Ireland, detailing key components and powers involved in law-making. This ensures a structured approach to governance and the creation of laws that reflect the will of the people.

LEGISLATIVE POWER

• Definition: Refers to the authority to enact laws, which is fundamental to the functioning of democracy.

SEPARATION OF POWERS

• Article 6: Establishes the division of governmental powers into three distinct branches for checks and balances:

  • Legislative Power: Held by the Oireachtas (the Irish Parliament), responsible for crafting legislation.

  • Executive Power: Controlled by the Government, which implements laws and manages state affairs.

  • Judicial Power: Exercised by the Courts, interpreting laws and administering justice.

LEGISLATIVE POWER

• Article 15.2.1º: Grants the Oireachtas the exclusive power to make laws, ensuring that legislative authority rests solely with the Parliament.

• Legislative Process: Bills require a majority vote from both Houses of the Oireachtas (Dáil and Seanad) and must be signed by the President to become law.

• The Oireachtas may delegate legislative authority to certain bodies under specific conditions, allowing for specialized governance in particular areas.

EXECUTIVE POWER

• Article 28.2: Vests the executive power in the Government, which is tasked with conducting the day-to-day affairs of the state.

• Responsibilities include: implementing laws, overseeing public spending, and negotiating international agreements.

• Approval from the Dáil is necessary for agreements that have significant implications for public spending or become integrated into Irish law.

THE LEGISLATIVE PROCESS

• Government's Role: While lacking independent legislative power, the Government maintains control as they typically hold the majority in both the Dáil and the Seanad, facilitating the passing of their proposals.

• The Dáil can overrule the Seanad, reinforcing the Government's control over the legislative timeline and process.

PASSAGE OF LEGISLATION

• Governed by Articles 20 to 27 of the Constitution and parliamentary procedure rules.

• Bill Initiation: Bills can stem from government policy decisions, responses to political events, or pressing public needs, ensuring that legislation is relevant and timely.

GOVERNMENT LEGISLATION

• Bill Introduction: Following a decision to draft legislation, the Heads of the Bill are formulated by relevant government departments, reflecting the Government's policy priorities.

• Heads of the Bill are circulated for comments from stakeholders and experts before being presented to the Cabinet for approval, ensuring transparency and input in the process.

PRE-LEGISLATIVE CONSULTATION/ SCRUTINY

• Process Introduced in 2013: Ministers must submit draft Heads of Bills to the Joint Oireachtas Committee for scrutiny, or provide justification for why such submission is not feasible. This aims to enhance the quality of legislative drafting, increasing Oireachtas involvement and expertise in the legislative process.

TYPES OF LEGISLATION

• Primary Legislation: Enacted directly by the Oireachtas, including Acts that amend the Constitution and Public General Acts that apply broadly to the populace.

• Secondary Legislation: Includes statutory instruments which allow for the detailed enforcement of primary legislation without needing to pass new Acts.

• Private Bills: Designed to address specific issues related to individuals or organizations, necessitating specialized legislative processes.

PASSAGE OF LEGISLATION TYPES

Different types of legislation include:

• Public Bills: Typically proposed by government officials and affecting the general public.

• Private Bills: Affecting specific individuals or entities rather than society as a whole.

• Money/Taxation Bills: Financial legislation impacting taxation or government expenditure.

• Bills to Amend the Constitution: Requires special procedures and public referendum to become law.

• Abridged Time Bills: Address urgent legislative issues requiring expedited consideration.

• Consolidation Bills: Aim to consolidate existing laws into a comprehensive format.

• Private Members’ Bills: Introduced by members of the Dáil who are not part of the Government, allowing for more diverse legislative proposals.

LEGISLATIVE PROCEDURE DETAILS

• Ordinary Legislative Process: Generally follows a five-stage process in the Dáil:

  1. First Reading: Introduction of the Bill without debate, consideration of permission to proceed.

  2. Second Reading: General debate on the fundamental principles of the Bill, allowing for opinions and inquiries.

  3. Committee Stage: Detailed examination of the Bill with opportunities for amendments based on expert and member input.

  4. Report Stage: Review of committee findings, where further minor amendments can be permitted.

  5. Final Stage: The House votes on the approval of the Bill, determining its progression to the other House.

• SEANAD REVIEW: The Seanad must review bills within 90 days, with options to pass without amendments, reject completely, or return with amendments, ensuring thorough parliamentary scrutiny.

BILL LAPSE AND REFERENDUMS

• If a Bill is rejected by the Seanad, or if an amended Bill is not accepted by the Dáil, it may lapse after 180 days. This procedural check prevents indefinite stringing along of legislative proposals.

• Issues can be raised via petition to the President for potential public referendum, enhancing democratic engagement.

PRESIDENT'S ROLE

• The President signs the Bill into law but may refer significant constitutional issues to the Supreme Court for clarification.

• Must publicize the enactment in Iris Oifigiúil, the official gazette, ensuring public awareness of new legislation.

TYPES OF BILLS

• Money/Taxation Bills: Certified by the Ceann Comhairle as Money Bills, which cannot be amended by the Seanad.

• Constitutional Amendment Bills: Must begin in the Dáil and follow with a public referendum to validate the changes in the Constitution.

• Abridged Time Bills: Indicate urgent legislative needs, requiring expedited processes to address immediate issues.

PRIVATE BILLS

• Procedures for Private Bills: Special legislative processes exist for proposed Bills that specifically affect private interests, such as charters for corporations, ensuring the integrity of public and private interests is maintained.

USEFUL READING & RESOURCES

• Refer to Kenneally & Tully Chapters 5 & 6 for comprehensive diagrams and explanations on legislation.

• Access Dr. Brian Hunt's published works on the Oireachtas for a more in-depth understanding of the legislative framework in Ireland, enhancing comprehension of the nuances within the Irish legal system.