Council of State (Ireland)

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Republic of 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

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.

From the executive:

From the legislature:

From the judiciary:

Attorney-General: Paul Gallagaher, SC.

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.

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