Council of State (Ireland)

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The Council of State (Irish: Comhairle Stáit) is an institution established by the Constitution of Ireland to advise the President of Ireland in the exercise of many of his or her discretionary, reserve powers. The Council of State also has theoretical authority to provide for the temporary exercise of the duties of the president in the event that these cannot be exercised by either the president or the Presidential Commission.

Contents

[edit] Composition

The Council of State consists of a number of government officials, who sit ex-officio, as well as certain former office holders and up to seven individuals of the president's own choosing. The ex officio members comprise the attorney general as well as two individuals from each of three branches of government: legislature, executive and judiciary.

Unlike most of the president's other duties, which must be conducted in accordance with the advice of the cabinet, the seven presidential appointees to the Council of State are chosen at the president's absolute discretion. These appointees retain their positions until the president's successor takes office. Every member of the Council of State must, at their first meeting, subscribe to a formal declaration of office stipulated by the constitution.

[edit] Ex-officio members

From the executive:

From the legislature:

From the judiciary:

Attorney-General:

  • Paul Gallagaher

[edit] Former officer holders

[edit] The President's seven

[edit] Role

The president is not obliged to heed the recommendations of the Council of State. However, he or she must seek its advice, and give each member the opportunity to be heard, before exercising any reserve power except the refusal of a Dáil (lower house of parliament) dissolution. The remaining discretionary powers, which require prior consultation with the Council of State, are as follows (for a detailed description of the president's reserve powers see: President of Ireland):

  • Reference of bills to the Supreme Court.
  • Reference of bills to the people.
  • Abridgement of the time for the consideration of a bills in the Senate.
  • Establishment of a Committee of Privileges.
  • Address to the Houses of the Oireachtas.
  • Address to the Nation.
  • Convention of either or both Houses of the Oireachtas

Under Article 14.4 of the constitution the Council of State, acting by a majority of its members, has authority to "make such provision as to them may seem meet" for the exercise of the duties of the president in any contingency the constitution does not foresee. The Presidential Commission is the collective vice-presidency of the state so this provision can be regarded as making the Council of State the third in the line of succession.

[edit] Meetings

[edit] 1999 meeting

The Council of State met on 28 October 1999 to advise the President, Mary McAleese on whether to deliver an address to the Houses of the Oireachtas on the subject of the new millennium. The proposal to deliver the speech was not a controversial one but the meeting had to be held because the constitution requires that the president consult the Council of State before delivering any address to the legislature. Following the meeting the president gave the address to a joint sitting of both Houses of the Oireachtas on 16 December 1999.

[edit] 2000 meeting

The Council of State met on 30 June 2000 to advise the President, Mary McAleese on whether to refer each of two separate bills to the Supreme Court to test their constitutionality. These were the Planning and Development Bill, 1999 and the Illegal Immigrants (Trafficking) Bill, 1999. Arising from the meeting the president decided to refer Part V of the Planning and Development Bill, and Sections 5 and 10 of the Illegal Immigrants Bill to the Supreme Court. However both bills were ultimately found to be constitutional.

[edit] 2002 meeting

The Council of State met on 8 April 2002 to advise the President, Mary McAleese on whether to refer the Housing (Miscellaneous Provisions) (No. 2) Bill, 2001 to the Supreme Court to test its constitutionality. In particular the council considered whether Section 24 of the bill should be referred. This provision, a late addition to the bill, was controversial because it made trespass a criminal offence in the state for the first time. Some regarded the section as amounting to racial discrimination against Travellers. Nonetheless, following the meeting the president choose not to refer the provision and instead signed the bill into law.

[edit] 2004 meeting

Main article: Meeting of the Irish Council of State, 2004

[edit] See also

[edit] External links

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