IPU PARLINE database: IRELAND (Dáil Éireann ), Oversight

Parliament name (generic / translated)

Oireachtas / Parliament

Structure of parliament

Bicameral

Chamber name

Dáil Éireann

Related chamber (for bicameral parliaments)

Seanad Éireann - Senate / Senate

Type of political regime

parliamentary

Notes

Ireland is a parliamentary democracy, with the legislature consisting of the President as Head of State, and two Chambers. The President exercises a largely ceremonial role but does possess certain reserve powers.

Head of the executive

Prime Minister

Notes

Executive authority is exercised by a cabinet and is headed by the Prime Minister. The Prime Minister must be a member of the House of Representatives, but the cabinet consists of members of both Chambers.

Method for appointing the executive

The President is elected directly by the people. The Prime Minister is nominated by the House of Representatives for appointment by the President. Members of the cabinet are selected among members of both Chambers. They are nominated by the Prime Minister and approved by the House of Representatives, before being appointed by the President.

Term of office of the executive and coincidence with the term of the legislature

The term of office of the President is seven years and does not coincide with the term of the legislature, which lasts five years. He/she may not serve more than two terms. The Prime Minister may at any time, for reasons that seem sufficient to him, request a member of the government to resign. Should the member concerned fail to comply with the request, his or her appointment is terminated by the President if the Prime Minister so advises.

Incompatibility of the functions of member of the executive and member of Parliament

No

Members of the government must be parliamentarians.

Dissolution of Parliament

Yes

Circumstances

Parliament can be dissolved by the President on the advice of the Prime Minister, with the President retaining absolute discretion in this regard.

Modalities

Parliament was dissolved twice between 1990 and 2000, namely in 1992 over policy differences between the coalition partners, and 1997, when the House of Representatives had reached the end of its term.

Accountability of Government to Parliament

Yes

The government is responsible to the House of Representatives (Article 28, paragraph 4 of the Constitution). It meets and acts as a collective authority, and is collectively responsible for the departments of state administered by the members of the government.

Modalities of oversight

Oral and written questions of parliamentarians

The government's accountability to the parliament is brought into play by oral and written questions to the Prime Minister and other members of the government.

Government reports to Parliament

Not applicable

Measures

Vote of confidence on Government programs and/or legislative proposals

The government's accountability to the parliament can be brought into play by votes of confidence. Where delegated authority to legislate is given to a minister to make rules, regulations or orders, such instruments usually require to be laid before both chambers before they can take effect. It is normal that these instruments come into effect unless they are opposed within 21 days (i.e. without any action being taken by the chambers), but some instruments require positive approval before they come into effect. Also, instruments made by ministers for the purpose of compliance with EU directives are forwarded to the joint committee on European affairs for consideration.

Motions of censure and votes of no confidence (sub-report)

Circumstances

A motion of censure may be tabled in case of disapproval of action taken by the government or in case of governmental failure to obtain approval of taxation, expenditure or other major policy proposals.

Modalites

A motion of censure needs only a simple majority for adoption.

Consequences

On the adoption of a motion censuring the government, the Prime Minister may advise the President to dissolve the House of Representatives and cause a general election, or, if the President declines to do so, steps may be taken within the House of Representatives to form a new government without a general election. In any such case, outgoing members of the government remain in office until their successors are appointed. Individual ministers may tender their resignation to the President if a motion censuring them only is adopted or if, due to other circumstances, they choose to resign. The President accepts such resignations on the advice of the Prime Minister. From 1990 to 2000, nine motions of confidence were tabled in the House of Representatives, six originating from the government and three from the opposition. Overall, four motions were adopted by the chamber.

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

The President may be impeached for stated misbehaviour (Article 12, paragraph 10 of the Constitution). There are also provisions in the public service management act dealing with the dismissal of senior officials.

Modalites and procedure

The charge can be preferred by either chamber. Proposals may not be entertained unless upon a notice of motion in writing signed by not less than 30 members of the chamber. No such proposal is adopted by either chamber save upon a resolution of that chamber supported by not less than two thirds of the total membership thereof. When a charge was preferred by either chamber, the other chamber investigates the charge, or causes the charge to be investigated. The President has the right to appear and to be represented at the investigation of the charge.

Consequences

If, as a result of the investigation, a resolution be passed, supported by not less than two thirds of the total membership of the chamber by which the charge was investigated, or caused to be investigated, declaring that the charge preferred against the President has been sustained and that the misbehaviour was such as to render him/her unfit to continue in office, such resolution operates to remove the President from office.

Have these procedures been applied?

Oversight over the actions of the Government administration

Yes

The government meets and acts as a collective authority, and is collectively responsible for the departments of state administered by the members of the government.

Means and modalities of oversight

Hearings in Committees

The parliament exercises oversight over the actions of the government administration by holding hearings in committees.

Committees of inquiry and missions to Government departments

The parliament exercises oversight over the actions of the government administration through committees of inquiry.

Oral and written questions of parliamentarians

Questions to a member of the government, (i) nominated for priority or; (ii) to which an answer is to be provided in the official report of the debates; or (iii) other questions, must be submitted to the Speaker in writing. The deadline for replies is three days for written, and four days for oral questions. At the discretion of the Speaker, questions relating to matters of urgent public importance may be asked on shorter notice. Any issue arising from the reply to a question may become the subject matter of a debate if a member tables an appropriate motion. Questions addressed to a member of the government must relate to public affairs connected with his or her department, or to matters of administration for which he or she is officially responsible. The purpose of each question is to elicit information upon or to elucidate matters of fact or of policy, but questions must be as brief as possible.

The time allowed for questions, other than questions nominated for priority, may not exceed one hour and 15 minutes on Tuesdays and Wednesdays and 50 minutes on Thursdays, and the time allowed for questions nominated for priority for any one day may not exceed 30 minutes. Questions addressed to the Prime Minister may be asked only on Tuesdays and Wednesdays and may be placed on the order paper before other questions. The time allowed for such questions cannot exceed 45 minutes each day. Any question to the Prime Minister which appears on Tuesday's order paper and which is not disposed of is placed on the order paper for the following day.

Questions for oral answer addressed to other members of the government are asked in such order as the parliament may from time to time decide and may be in two categories, (i) questions, the sequence of which is decided by lottery; and (ii) questions which have been nominated for priority. Ministers answer questions in relation to their area of responsibility on a rotating basis, usually one minister per day. Opposition spokespersons for that area of responsibility are given precedence in having priority questions to that minister for 30 minutes before other questions to that minister. A written reply to every question is provided to the member who asked it and the reply also appears in the official report of the proceedings. Supplementary questions may be put only for the further elucidation of the information requested, and may be subject to the ruling of the Speaker, both as to relevance and as to number, but they may not be grouped for the purposes of reply.

Role of Parliament in the appointment of senior Government officials

Not applicable

Activity reports of the Government administration and of public services or establishments

Most state-owned or semi-state enterprises present an annual report to the parliament.

Representation of Parliament in governing bodies of the Government administration

In general, membership to either chamber is usually a disqualification for appointment to the board of any state-owned or state-funded body. However, there are also many other bodies to which individual members can be appointed, whether specifically because of their parliamentary membership or otherwise.

Existence of an ombudsman

Yes

Method for appointing the executive

The Ombudsman is appointed by the President on the proposal of both chambers for a term of six years. He may be removed from office by the President on stated misbehaviour or incapacity and then only on resolutions passed by both chambers. The Ombudsman must vacate the office on reaching the age of 67 years. In addition, there are also specialised ombudsmen, such as the Insurance Ombudsman, the Information Commissioner, and the Pensions Ombudsman.

Relationship to Parliament

The job of the Ombudsman is to investigate complaints from members of the public who feel they have been unfairly treated by certain public bodies. He or she is independent in the performance of his/her functions. Excluded from examination or investigation by the Ombudsman are cases where the matter is before the courts, relating to aliens or naturalisation and to the administration of prisons. The Ombudsman may be requested in writing by a minister not to investigate a particular case and in such circumstances he or she must cease the investigation. He or she submits an annual report to Parliament on his or her activities during the year.

Consultation of Parliament in the preparation of the national budget

No

Not applicable

Modalities of oversight

Examination of the budget / finance act by Parliament

The parliament exercises budgetary oversight through (i) the approval of taxation proposals for immediate effect in the annual budget (motion procedure); (ii) the confirmation of budget proposals and giving effect to new taxation proposals in the finance bill (legislative procedure); (iii) the approval of individual annual spending estimates for government departments in the estimates for public services (motion procedure, no amendments allowed); and (iv) the approval of the final budget for government departments in the appropriations bill (legislative procedure). Motions for the approval of annual spending proposals are tabled and approved by the parliament before the summer. Until these proposals are approved, each government department may only spend up to four fifths of the previous year's estimate.

Reports on the budget / finance act by Committees

Not available

Fields overseen

Defence budget

The parliament exercises oversight over all public funds.

Budget of special departments

The parliament exercises oversight over all public funds.

Role of Parliament in national development plans

National development plans are negotiated by the government with the main social partners (such as unions, farmers, industry, employers, social agencies, etc.). The parliament has no formal role in this process, although each new plan is usual discussed (but not decided) through the statements procedure.

Parliament's deadline for the examination and adoption of the budget / finance act

The finance act has to be enacted within four months of the date of the budget. In practice, this means that the finance act must be signed into law by the first week in April (since the budget statement is delivered during the first week in December).

Consequences of failure by Parliament to adopt the budget / finance act

If the finance bill was defeated in the House of Representatives, the government would more than likely fall, because the defeat would be construed as a loss of confidence in the government.

Budgetary autonomy of Parliament

No

Although the establishment of a separate and independent parliamentary budget is envisaged in conjunction with the establishment of a new internal structure for the administration of the parliament, the parliamentary budget is currently controlled by the department of finance and is approved by the minister for finance together with all other budgets for approval by the parliament.

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

Final parliamentary approval of actual spending by government departments is given in the appropriation bill by the end of the year.

Parliamentary oversight of public companies

No

There was formerly a parliamentary committee on state-sponsored companies, which reviewed the reports from such bodies. This function is now discharged optionally by the committee appointed to oversee each government department under the aegis of which such bodies operate.

Modalities of oversight

Body for auditing the Government's books and method for appointing

There is a Comptroller and Auditor General to control on behalf of the state all disbursements and to audit all accounts of moneys administered by or under the authority of the parliament (Article 33 of the Constitution). He or she is appointed by the President on the nomination of the House of Representatives and may not be a member of either chamber, nor hold any other paid office or position. He or she may not be removed from office except for stated misbehaviour or incapacity, and then only upon resolutions passed by both chambers calling for his or her removal.

Reports of the public auditor's office

The Comptroller and Auditor General reports annually to the parliament on the appropriation accounts of government departments and other public bodies and may also report periodically on other aspects of public bodies, including local governments. The committee of public accounts of the House of Representatives examines the reports of the Comptroller and Auditor General.

Specialised committee

Not applicable

Foreign Relations Committee (sub-report)

Functions of the Committee

The parliament exercises oversight over foreign policy through the joint committee on foreign affairs.

Powers of the Committee

The committee considers (i) public affairs administered by the department of foreign affairs; (ii) matters of policy for which the minister for foreign affairs is responsible; (iii) the strategy statement of the minister of foreign affairs; and (iv) annual reports and accounts, as well as overall operational results, statements of strategy and corporate plans (Standing Order 78A.1 to 9 inclusive).

Composition of the Committee

The selected committee of the House of Representatives is joined with the selected committee of the Senate to form the joint committee on foreign affairs.

Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

The parliament exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad.

Plenary debates on foreign policy issues

The parliament exercises oversight over foreign policy by organising plenary debates on foreign policy issues, depending on the government's legislative programme.

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

Parliamentarians may either participate in intergovernmental meetings at the request of the government, or the parliament can itself take the initiative to send parliamentary delegations.

Modalities and procedures for ratifying international treaties and agreements (sub-report)

Every international agreement to which the state becomes a party is laid before the House of Representatives (Article 29, paragraph 5 of the Constitution). The state may not be bound by any international agreement involving a charge upon public funds unless the terms of the agreement have been approved by the parliament. However, these requirements do not apply to agreements or conventions of a technical and administrative character.

Other mechanisms for participation in foreign policy by Parliament

In addition to the above, the parliament exercises oversight over foreign policy by asking questions to ministers.

National Defence Committee (sub-report)

Functions of the Committee

The parliament exercises oversight over national defence policy through the joint committee on justice, equality, defence and women's rights.

Powers of the Committee

The committee considers (i) public affairs administered by the departments of justice, equality and law reform and of defence; (ii) matters of policy for which the ministers in charge are responsible; (iii) the strategy statement of the ministers in charge; and (iv) annual reports and accounts, as well as overall operational results, statements of strategy and corporate plans (Standing Order 78A.1 to 9 inclusive).

Composition of the Committee

The selected committee of the House of Representatives is joined with the selected committee of the Senate to form the joint committee on justice, equality, defence and women's rights.

Parliamentary oversight of public arms manufacturing companies

Not applicable

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

War may not be declared and the State may not participate in any war save with the assent of the House of Representatives (Article 28, paragraph 3 of the Constitution).

Role of Parliament in sending troops abroad

Not applicable

Other mechanisms for participation in national defence policy by Parliament

In addition to the above, the parliament exercises oversight over defence policy by asking questions to ministers and through plenary debates.

Circumstances

War may not be declared and the State may not participate in any war save with the assent of the House of Representatives (Article 28, paragraph 3 of the Constitution). In the case of actual invasion, however, the government may take whatever steps they may consider necessary for the protection of the State, and the House of Representatives, if not sitting, must be summoned to meet at the earliest practicable date. The parliament also declares the lifting of a state of emergency. Time of war includes a time when there is taking place an armed conflict in which the State is not a participant but in respect of which each of the chambers has resolved that, arising out of such armed conflict, a national emergency exists affecting the vital interests of the State, and time of war or armed rebellion includes such time after the termination of any war, or of any such armed conflict as aforesaid, or of an armed rebellion, as may elapse until each of the chambers has resolved that the national emergency has ceased to exist.

Can parliament take the initiative to declare a state of emergency

Yes

Consequences of a state of emergency for Parliament

The existence of a state of emergency does not affect the functioning of the parliament, but it does impact on the laws passed. Nothing in the Constitution other than the article on the death penalty may be invoked to invalidate any law enacted by the parliament, which is expressed to be for the purpose of securing the public safety and the preservation of the State in time of war or armed rebellion, or to nullify any act done or purporting to be done in time of war or armed rebellion in pursuance of any such law.

Modalities of oversight

Body ruling on the constitutionality of laws

Supreme Court / Tribunal

The Supreme Court decides on the constitutionality of a bill (Article 26 of the Constitution).

Means and procedures

The President may, after consultation with the Council of State, refer almost any bill to the Supreme Court for a decision on the question as to whether such bill or any specified provision or provisions of such bill is or are repugnant to the Constitution or to any provision thereof. Every such reference must be made not later than the seventh day after the date on which such bill has been presented to the President for his or her signature. The President cannot sign any bill that is the subject of a reference to the Supreme Court pending the pronouncement of the decision of the Court.

The Supreme Court, consisting of not less than five Judges, considers every question referred to it by the President for a decision, and, having heard arguments by or on behalf of the Attorney General and by counsel assigned by the Court, pronounces its decision on such question in open court as soon as may be, and in any case not later than 60 days. The decision of the majority of the Judges is the decision of the Court and is pronounced by such one of those Judges as the Court directs, and no other opinion, whether assenting or dissenting, is pronounced nor is the existence of any such other opinion disclosed.

In every case in which the Supreme Court decides that any provision of a bill that is the subject of a reference to the Supreme Court is repugnant to the Constitution or to any provision thereof, the President declines to sign such bill. In every other case the President signs the bill as soon as may be after the date on which the decision of the Supreme Court has been pronounced.

Evaluation of laws

No

Detailed scrutiny of bills is undertaken by selected committees, who have a rather wide range of powers.

Measures

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