President

Council of State (Ireland)

Welcome to our website. It is generaly simplier version of wikipedia. You will find there selected articles. Enjoy!

Republic of Ireland

This article is part of the series: Politics and government of the Republic of Ireland

Constitution Constitution Referendum President Mary McAleese Council of State Presidential Commission Government Taoiseach Brian Cowen Tánaiste Mary Coughlan Departments of State Minister of State Opposition Leader: Enda Kenny Civil Service Oireachtas Seanad Éireann Cathaoirleach Pat Moylan Dáil Éireann Ceann Comhairle Séamus Kirk Judiciary Attorney General Courts Supreme Court Chief Justice High Court Court of Criminal Appeal Special Criminal Court Circuit Court District Court Elections Presidential (2004) European (2009) Parliamentary (2007) Local (2009) Constituencies By-elections Political Parties Politicians Divisions Counties of Ireland Local Government Foreign policy EU Politics Foreign relations Politics of Northern Ireland

Other countries · Atlas Politics portal view • talk • edit

The Council of State (Irish: Comhairle Stáit) is a body 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.

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.

Ex-officio members

From the executive:

• Taoiseach (prime minister)
  • Brian Cowen
• Tánaiste (deputy prime minister)
  • Mary Coughlan

From the legislature:

• Ceann Comhairle (Chairman of Dáil Éireann)
  • Séamus Kirk
• Cathaoirleach (Chairman of Seanad Éireann)
  • Pat Moylan

From the judiciary:

• Chief Justice of the Supreme Court
  • John L. Murray
• President of the High Court
  • Nicholas Kearns

Attorney-General:

• Paul Gallagher

Former officer holders

• Former Presidents of Ireland
  • Mary Robinson
• Former Taoisigh (prime ministers)
  • Liam Cosgrave, Garret FitzGerald, Albert Reynolds, John Bruton and Bertie Ahern.
• Former Chief Justices
  • Thomas Finlay and Ronan Keane

The President's seven

• Harvey Bicker
• Anastasia Crickley
• Mary Davis
• Martin Mansergh
• Enda Marren
• Denis Moloney
• Daráine Mulvihill

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 bill in the Seanad.
• 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.

Meetings

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.

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.

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.

2004 meeting

The Council of State met on 21 December 2004 to advise the President, Mary McAleese on whether to refer the Health (Amendment) (No. 2) Bill 2004 to the Supreme Court to test its constitutionality. The purpose of the bill was to retroactively render lawful the fees charged by the government, since 1976, on nursing home patients that at the time levied were illegal. The president referred the bill to the Supreme Court the following day. On 16 February 2005, the Supreme Court ruled that the bill was an unconstitutional attempt to violate the right to property, and struck it down.

Background

In December 2004 it was found that certain pensioners and other long stay patients residing in nursing homes had been illegally charged fees by the state over a number of years. The Health Amendment Bill proposed not only to ensure that all fees charged in future would be legal, but also to retroactively render legal all fees charged in the past. The proposed law was controversial both because it amounted to an ex post facto law, and because it attempted to prevent many senior citizens who had been charged illegally from suing the state for compensation. In its February 2005, ruling the Supreme Court found that, if the bill were allowed to become law, its ex post facto provisions would violate Article 43 of the Constitution of Ireland which guarantees the right to private property.

2009 meeting

The Council of State met on 22 July 2009 to advise the President, Mary McAleese on whether to refer the Criminal Justice Bill (Amendment) 2009 and the Defamation Bill 2009 to the Supreme Court to test their constitutionality. Following the meeting, the president announced that she would make her decision public on 23 July. She announced on 23 July 2009 that following her discussions with the Council of State, she decided to sign both bills into law.

See also

• List of presidential appointees to the Council of State (Ireland)
• Politics of the Republic of Ireland
• Council of State

References

External links

• President of Ireland – Official website