The Government

The Government

• Overall responsibility for day-to-day administration and running of the State.

• Monitors the implementation of laws and ensures compliance.

The Cabinet

Composition

• Article 28.1 specifies the Government consists of 7 to 15 members appointed by the President.

Role

• Group of senior ministers responsible for major policy decisions of the State, commonly referred to as the Cabinet.

Ministers

• Since 1955, the Government has maintained 15 members.

• The position of Minister without portfolio is rare but exists (e.g., Frank Aiken).

• The role of Minister of State (junior minister) was created by the 1977 Ministers and Secretaries (Amendment) Act.

Selection of the Cabinet

Requirements

• Article 28.7 mandates all ministers must be members of the Oireachtas.

• Article 28.7.1° specifies the Taoiseach, Tánaiste, and Minister for Finance must be Dáil members.

Membership

• Article 28.7.2° states all Ministers must belong to the Dáil or Seanad, with a maximum of two being Seanad members.

• No restrictions on how the Taoiseach could select members, including voting.

Removal of Ministers

Resignation

• Voluntary resignation involves the Minister submitting resignation to the Taoiseach, subsequently forwarded to the President.

• Dáil cannot directly remove a Minister but can compel resignation.

Requested Resignation

• Triggered by "sufficient reason" and is not open to judicial review.

• If a Minister does not resign, the President can terminate their appointment on the Taoiseach's advice.

The Taoiseach (Article 28.5)

• Equivalent to President of the Executive Council under Saorstát Éireann.

• No constitutional prohibition against the Taoiseach holding additional ministerial positions (e.g., Haughey served as Minister for the Gaeltacht).

• The Taoiseach is selected by TDs and appointed by the President.

Previous & Current Taoisigh

Historical List

• William T Cosgrave (FG) 1922-32.

• Eamon de Valera (FF) 1932-48, 1951-54, 1957-59.

• John A Costello (FG) 1948-51, 1954-57.

• Sean Lemass (FF) 1959-66.

• Jack Lynch (FF) 1966-73, 1977-79.

• Liam Cosgrave (FG) 1973-77.

• Charles Haughey (FF) several terms (1979-92).

• Garrett Fitzgerald (FG) two terms (1981-87).

Recent Taoisigh

• Albert Reynolds (FF) 1992-94.

• John Bruton (FG) 1994-97.

• Bertie Ahern (FF) 1997-2008.

• Brian Cowen (FF) 2008-11.

• Enda Kenny (FG) 2011-17.

• Leo Varadkar (FG) served 2017-20, 2022-24.

• Micheál Martin (FF) 2020-22.

• Simon Harris (FG) 2024 to present.

Duties of the Taoiseach

Responsibilities

• Article 28.5.1° designates the Taoiseach as head of the Government.

• Must keep the President informed regarding policy decisions.

• Nominates the Tánaiste, Ministers, and the Attorney General.

• Member of the Council of State.

Powers

• 28.9.4° allows for the dismissal of Ministers.

• May request the President to dissolve the Dáil.

• First Taoiseach post-election, can nominate members of the Seanad.

• Responsible for presenting Bills to the President for signature.

• Represents Ireland in the European Council.

Resignation of the Taoiseach

Conditions for Resignation

• Per Article 28.10, resignation ensues if he loses support from a majority of the Dáil.

• Article 28.11 dictates that this results in the termination of all Ministers' appointments. Ministers may remain as caretakers until a new Taoiseach is appointed.

Remaining in Office

• May stay if the President agrees to dissolve the Dáil upon his advice when lacking majority support.

• If regaining majority support, resignation isn't mandatory; failing to do so mandates resignation.

The Tánaiste

Nominations

• As per Article 28.6, the Tánaiste is nominated by the Taoiseach.

• Acts on behalf of the Taoiseach during incapacitation or absence, represented in legal cases (Riordan v An Tánaiste, 1997).

Governmental Functions

Constitutional Powers

• Article 28.2 asserts that the executive power of the state is exercised by or under the government's authority.

• Article 28.4 mandates preparing expenditure estimates and receipts.

Legislative Oversight

• Article 17.2 mandates no public funds appropriation by the Dáil without executive approval.

• Article 35.1 allows the government to nominate judges.

• Government negotiates foreign treaties and oversees appointments (e.g., Chairman of Bord Pleanála).

Daily Operations

• The government manages the day-to-day affairs of the State.

• Most legislation originates from government meetings; acts collectively with no dissent recorded or permitted.

• Ministers dissenting may incur sanctions.

Cabinet Confidentiality

Legal Framework

• Details of cabinet meetings are confidential, as per a ruling in Attorney General v Hamilton (1993).

17th Amendment (1997)

• Article 28.4.3º reinforces cabinet discussion confidentiality, except under High Court disclosure orders.

Disclosure Exceptions

• Exceptions apply for court administration interests or overriding public interest, as authorized by a tribunal instigated by government or a house of the Oireachtas to investigate significant matters.

Executive Privilege

Historical Context

• Executive privilege existed pre-1972, exempting disclosure of document content (Murphy v Dublin Corp. 1972) declared unconstitutional for impinging court duties.

Foreign Affairs

Government Authority

• The government exclusively determines and implements Irish foreign policy.

• Judicial intervention is limited, mainly when the constitution is disregarded (Boland v An Taoiseach, 1974).

Constitutional Limitations

• Courts can intervene if the government intentionally neglects constitutional guidelines (Crotty v An Taoiseach, 1987).

• The Supreme Court, in Pringle v Ireland (2013), recommended against imposing unwarranted limitations on foreign policy exercise due to constitutional obligations.

Local Government (Article 28A)

Constitutional Amendment

• Article 28A, added by the 28th Amendment in 1999, established local government as a distinct tier.

• Local administrative issues should be addressed regionally. Direct elections are required every five years.

• Eligible voters include those qualified for other state elections and others designated by law.

Photo Credits

• Photo credits to Michael Foley for ‘Government Buildings’ (Flickr, 2014). Accessed October 27, 2022.