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{{short description|Body that substitutes for the president of Ireland}}
⚫ {{improverefs|date=November 2013}}
⚫ {{PoliticsRofI}}
{{distinguish|Council of State (Ireland)}} {{distinguish|Council of State (Ireland)}}
{{Use dmy dates|date=March 2024}}
⚫ The '''Presidential Commission''' ({{Lang-ga|Coimisiún na hUachtaránachta}}) is the collective vice-presidency of ].
{{Use Hiberno-English|date=March 2024}}
⚫ {{more citations needed|date=November 2013}}
⚫ {{PoliticsRofI}}
⚫ The '''Presidential Commission''' ({{Langx|ga|Coimisiún na hUachtaránachta}}) is a body which performs the functions of the ] in the case of a vacancy or temporary absence.


==Membership== ==Membership==
Three members serve on the Presidential Commission. Three members serve on the Presidential Commission.

{| class=wikitable
|-
⚫ !Office
!Description
!Incumbent
|-
| ]
⚫ | President of the ]
| ]
|-
| ]
| Chairperson of ]
| ]
|-
| ]
⚫ | Chairperson of ]
| ]
|}


The President of the ] acts as a member in place of the Chief Justice if that office is vacant. The ] acts as a member in place of the Ceann Comhairle if that office is vacant. The ] acts as a member in place of the Cathaoirleach if that office is vacant.<ref>Constitution of Ireland, Articles 14.2.2°, 14.2.3°, 14.2.4°.</ref> The Commission may act with at least two members.<ref>Constitution of Ireland, Article 14.3.</ref>
⚫ * ] – President of the ]
* ] – Presiding officer of ]
⚫ * ] – Chairman of ]


A proposal to abolish the Seanad, which was ], would have seen the ] take the place of the Cathaoirleach on the Commission.<ref>{{cite web|url=http://www.oireachtas.ie/viewdoc.asp?fn=/documents/bills28/bills/2013/6313/b63a13d.pdf#page=36|title=Thirty-second Amendment of the Constitution (Abolition of Seanad Éireann) Bill 2013 As passed by both Houses of the Oireachtas|date=17 July 2013|work=Bills 1997-2013|publisher=Oireachtas|page=36 Schedule 3, Part 2, No.9|accessdate=9 November 2013}}</ref><ref>{{cite web|url=http://referendum2013.ie/the-seanad-other-changes/|title=The Seanad – other changes|date=October 2013|work=Referendum 2013|publisher=]|accessdate=9 November 2013}}</ref><ref name=Referendum.ie>{{cite web|url=http://www.referendum.ie/results-summary.php?ref=9|title=Thirty-second Amendment of the Constitution (Abolition of Seanad Éireann) Bill 2013|publisher=Referendum Ireland|date=5 October 2013}}</ref><ref>{{cite news|url=http://www.irishtimes.com/news/politics/referendum-2013/seanad-results|title=Seanad Results|work=]|date=5 October 2013}}</ref> A proposal to abolish the Seanad, which was ], would have seen the Leas-Cheann Comhairle take the place of the Cathaoirleach on the Commission.<ref>{{Cite web |date=17 July 2013 |title=Thirty-second Amendment of the Constitution (Abolition of Seanad Éireann) Bill 2013 As passed by both Houses of the Oireachtas |url=https://data.oireachtas.ie/ie/oireachtas/bill/2013/63/eng/ver_a/b63a13d.pdf#page=36 |publisher=Oireachtas |page=36 Schedule 3, Part 2, No.9 |access-date=15 March 2024 |archive-date=19 January 2022 |archive-url=https://web.archive.org/web/20220119173748/https://data.oireachtas.ie/ie/oireachtas/bill/2013/63/eng/ver_a/b63a13d.pdf#page=36 |url-status=live }}</ref><ref>{{cite web |title=Referendum on the Thirty-second Amendment of the Constitution (Abolition of Seanad Éireann) Bill 2013 |url=https://www.referendum.ie/archive/referendum-on-abolition-of-seanad-eireann-thirty-second-amendment-of-the-constitution-bill-2013/ |website=Referendum Returning Officer |access-date=15 March 2024 |archive-date=7 March 2024 |archive-url=https://web.archive.org/web/20240307152439/https://www.referendum.ie/archive/referendum-on-abolition-of-seanad-eireann-thirty-second-amendment-of-the-constitution-bill-2013/ |url-status=live }}</ref>


==Powers== ==Powers==
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* on the death of the incumbent, as in 1974; * on the death of the incumbent, as in 1974;
* on the resignation of the incumbent, as in 1976 and 1997; * on the resignation of the incumbent, as in 1976 and 1997;
* by ] of the incumbent, which has never happened. * by ] of the incumbent, which has never happened.
* in the short interval between the conclusion of one president's term of office and the inauguration of a successor the next day — although the Presidential Commission has never been required to act in this time; * in the short interval between the conclusion of one president's term of office and the inauguration of a successor the next day — although the Presidential Commission has never been required to act in this time.


The Presidential Commission has often acted when the President is abroad, typically while making a ].<ref>{{cite web|url=http://www.citizensinformation.ie/en/government_in_ireland/the_president/presidential_commission.html|title=Presidential Commission|date=1 May 2008|work=Citizens Information|publisher=Citizens Information Board|accessdate=21 December 2010|location=Dublin}}</ref> When the ] collapsed in November 1992, president ] was abroad. The resignation of the ] ministers, the appointment by Taoiseach ] of caretaker ] replacement ministers, and Reynolds' request for a ], were all effected by the Presidential Commission.<ref> Dáil debates, 5 November 1992</ref><ref>{{cite news|url=http://select.nytimes.com/gst/abstract.html?res=F10615F9345E0C758CDDA80994DA494D81|title=Leader Defeated, Irish Government Collapses|last=Clarity|first=James F.|date=6 November 1992|work=]|accessdate=21 December 2010}}</ref> Temporary illness may also indispose the President. No President has ever refused to fulfil any of the duties of office. The Presidential Commission has often acted when the president is abroad, typically while making a ].<ref>{{Cite web |date=1 May 2008 |title=Presidential Commission |url=http://www.citizensinformation.ie/en/government_in_ireland/the_president/presidential_commission.html |url-status=dead |archive-url=https://web.archive.org/web/20130726033442/http://www.citizensinformation.ie/en/government_in_ireland/the_president/presidential_commission.html |archive-date=26 July 2013 |access-date=21 December 2010 |website=Citizens Information |publisher=Citizens Information Board |location=Dublin}}</ref> When the ] collapsed in November 1992, president ] was abroad. The resignation of the ] ministers, the appointment by Taoiseach ] of caretaker ] replacement ministers, and Reynolds' request for a ], were all effected by the Presidential Commission.<ref name=resign>{{Cite web|url=https://www.oireachtas.ie/en/debates/debate/dail/1992-11-05/3/|title=Ministerial Changes: Statement – Dáil Éireann (26th Dáil)|date=5 November 1992|access-date=10 August 2019|website=Houses of the Oireachtas|archive-date=10 August 2019|archive-url=https://web.archive.org/web/20190810145501/https://www.oireachtas.ie/en/debates/debate/dail/1992-11-05/3/|url-status=live}}</ref><ref>{{Cite news |last=Clarity |first=James F. |date=6 November 1992 |title=Leader Defeated, Irish Government Collapses |work=] |url=https://select.nytimes.com/gst/abstract.html?res=F10615F9345E0C758CDDA80994DA494D81 |access-date=21 December 2010}}</ref> Temporary illness may also indispose the President. No President has ever refused to fulfil any of the duties of office.

Bills have occasionally been signed into law by the presidential commission while the president is out of the country; for example, the presidential commission signed the ] legislating for ] as ] was in the United States.<ref>{{Cite news |date=2015-10-29 |title=Bill allowing for same-sex marriage signed into law |newspaper=] |url=https://www.irishtimes.com/news/social-affairs/bill-allowing-for-same-sex-marriage-signed-into-law-1.2410678 |url-status=live |url-access=subscription |archive-url=https://web.archive.org/web/20180927120540/https://www.irishtimes.com/news/social-affairs/bill-allowing-for-same-sex-marriage-signed-into-law-1.2410678 |archive-date=2018-09-27}}</ref>


==Origins== ==Origins==
{{Wikisource|Constitution of Ireland}} {{Wikisource|Constitution of Ireland}}
The Presidential Commission was created in the 1937 ]. It was first used between December 1937, when the Constitution came into force, and June 1938, when the first President was inaugurated. Initially, as the Irish senate had not been constituted and elected, the seat on the Presidential Commission intended for the Cathaoirleach of Seanad Éireann was filled by the President of the High Court under the Transitory Provisions of the Constitution. The Presidential Commission was created in the 1937 ]. It was first used between 29 December 1937, when the Constitution came into force, and 25 June 1938, when the first president was inaugurated. During this period, under the Transitory Provisions of the Constitution, the commission consisted of Chief Justice, the ], and the Ceann Comhairle. Its composition differed from later commissions, as ] had not been constituted and elected.


==Members of the Presidential Commission as acting President of Ireland== ==Members of the Presidential Commission as acting President of Ireland==
===1937&ndash;38=== ===1937&ndash;1938===
From the adoption of the ] to the inauguration of ]. From the adoption of the ] to the inauguration of ].
{|class="wikitable" {|class="wikitable"
!Name !Name
⚫ !Office
!Title
!colspan=2|Period
!Entered Office
⚫ !Left Office
|- |-
|] |]
Line 42: Line 63:
|rowspan=3|25 June 1938 |rowspan=3|25 June 1938
|- |-
|] |]
|] |]
|- |-
|] |]
|] |]
|} |}
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{|class="wikitable" {|class="wikitable"
!Name !Name
⚫ !Office
!Title
!colspan=2|Period
!Entered Office
⚫ !Left Office
|- |-
|] |]
Line 73: Line 93:
{|class="wikitable" {|class="wikitable"
!Name !Name
⚫ !Office
!Title
!colspan=2|Period
!Entered Office
⚫ !Left Office
|- |-
|] |]
Line 93: Line 112:
{|class="wikitable" {|class="wikitable"
!Name !Name
⚫ !Office
!Title
!colspan=2|Period
!Entered Office
⚫ !Left Office
|- |-
|] |]
|] |]
|rowspan=2|12 September 1997 |rowspan=3|12 September 1997
|rowspan=2|11 November 1997 |rowspan=2|11 November 1997
|- |-
Line 107: Line 125:
|] |]
|rowspan=2|] |rowspan=2|]
|12 September 1997
|17 September 1997 |17 September 1997
|- |-
Line 117: Line 134:
==See also== ==See also==
*] *]
*]
*] deputise at Westminster for the UK monarch *] deputise at Westminster for the UK monarch
*] deputised in Dublin when the ] was in Britain *] deputised in Dublin when the ] was in Britain
Line 125: Line 141:


==External links== ==External links==
* {{Cite web |title=Constitution of Ireland (Article 14) |url=https://www.irishstatutebook.ie/eli/cons/en/html#article14 |url-status=live |archive-url=https://web.archive.org/web/20220423200419/https://www.irishstatutebook.ie/eli/cons/en/html#article14 |archive-date=23 April 2022 |access-date=3 March 2024 |website=]}}
*{{Cite web|title=Constitution of Ireland|work=|publisher=Department of the Taoiseach|date=November 2004|url=http://www.taoiseach.ie/attached_files/html%20files/Constitution%20of%20Ireland%20(Eng)Nov2004.htm|accessdate=29 July 2007}}

{{authority control}}


] ]

Latest revision as of 23:39, 18 December 2024

Body that substitutes for the president of Ireland Not to be confused with Council of State (Ireland).

This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed.
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The Presidential Commission (Irish: Coimisiún na hUachtaránachta) is a body which performs the functions of the president of Ireland in the case of a vacancy or temporary absence.

Membership

Three members serve on the Presidential Commission.

Office Description Incumbent
Chief Justice President of the Supreme Court Donal O'Donnell
Ceann Comhairle Chairperson of Dáil Éireann Verona Murphy
Cathaoirleach Chairperson of Seanad Éireann Jerry Buttimer

The President of the High Court acts as a member in place of the Chief Justice if that office is vacant. The Leas-Cheann Comhairle acts as a member in place of the Ceann Comhairle if that office is vacant. The Leas-Chathaoirleach acts as a member in place of the Cathaoirleach if that office is vacant. The Commission may act with at least two members.

A proposal to abolish the Seanad, which was rejected at referendum in 2013, would have seen the Leas-Cheann Comhairle take the place of the Cathaoirleach on the Commission.

Powers

The Presidential Commission fulfills all functions and duties of the office of President of Ireland when the office of President is vacant, or when the President is unavailable.

Vacancy may occur:

  • on the death of the incumbent, as in 1974;
  • on the resignation of the incumbent, as in 1976 and 1997;
  • by impeachment of the incumbent, which has never happened.
  • in the short interval between the conclusion of one president's term of office and the inauguration of a successor the next day — although the Presidential Commission has never been required to act in this time.

The Presidential Commission has often acted when the president is abroad, typically while making a state visit. When the 22nd government of Ireland collapsed in November 1992, president Mary Robinson was abroad. The resignation of the Progressive Democrats ministers, the appointment by Taoiseach Albert Reynolds of caretaker Fianna Fáil replacement ministers, and Reynolds' request for a dissolution of the Dáil, were all effected by the Presidential Commission. Temporary illness may also indispose the President. No President has ever refused to fulfil any of the duties of office.

Bills have occasionally been signed into law by the presidential commission while the president is out of the country; for example, the presidential commission signed the Marriage Act 2015 legislating for same-sex marriage as Michael D. Higgins was in the United States.

Origins

The Presidential Commission was created in the 1937 Constitution of Ireland. It was first used between 29 December 1937, when the Constitution came into force, and 25 June 1938, when the first president was inaugurated. During this period, under the Transitory Provisions of the Constitution, the commission consisted of Chief Justice, the President of the High Court, and the Ceann Comhairle. Its composition differed from later commissions, as Seanad Éireann had not been constituted and elected.

Members of the Presidential Commission as acting President of Ireland

1937–1938

From the adoption of the Constitution of Ireland to the inauguration of Douglas Hyde.

Name Office Period
Timothy Sullivan Chief Justice 29 December 1937 25 June 1938
Frank Fahy Ceann Comhairle
Conor Maguire President of the High Court

1974

From the death of Erskine H. Childers to the inauguration of Cearbhall Ó Dálaigh.

Name Office Period
Tom O'Higgins Chief Justice 17 November 1974 19 December 1974
Seán Treacy Ceann Comhairle
James Dooge Cathaoirleach

1976

From the resignation of Cearbhall Ó Dálaigh to the inauguration of Patrick Hillery.

Name Office Period
Tom O'Higgins Chief Justice 22 October 1976 3 December 1976
Seán Treacy Ceann Comhairle
James Dooge Cathaoirleach

1997

From the resignation of Mary Robinson to the inauguration of Mary McAleese.

Name Office Period
Liam Hamilton Chief Justice 12 September 1997 11 November 1997
Séamus Pattison Ceann Comhairle
Liam T. Cosgrave Cathaoirleach 17 September 1997
Brian Mullooly 17 September 1997 11 November 1997

See also

References

  1. Constitution of Ireland, Articles 14.2.2°, 14.2.3°, 14.2.4°.
  2. Constitution of Ireland, Article 14.3.
  3. "Thirty-second Amendment of the Constitution (Abolition of Seanad Éireann) Bill 2013 As passed by both Houses of the Oireachtas" (PDF). Oireachtas. 17 July 2013. p. 36 Schedule 3, Part 2, No.9. Archived (PDF) from the original on 19 January 2022. Retrieved 15 March 2024.
  4. "Referendum on the Thirty-second Amendment of the Constitution (Abolition of Seanad Éireann) Bill 2013". Referendum Returning Officer. Archived from the original on 7 March 2024. Retrieved 15 March 2024.
  5. "Presidential Commission". Citizens Information. Dublin: Citizens Information Board. 1 May 2008. Archived from the original on 26 July 2013. Retrieved 21 December 2010.
  6. "Ministerial Changes: Statement – Dáil Éireann (26th Dáil)". Houses of the Oireachtas. 5 November 1992. Archived from the original on 10 August 2019. Retrieved 10 August 2019.
  7. Clarity, James F. (6 November 1992). "Leader Defeated, Irish Government Collapses". The New York Times. Retrieved 21 December 2010.
  8. "Bill allowing for same-sex marriage signed into law". The Irish Times. 29 October 2015. Archived from the original on 27 September 2018.

External links

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