President of Ireland

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President of Ireland
Uachtarán na hÉireann

Irish Presidential Standard


Style President (Uachtarán), or
Your Excellency (A Soilse)
Residence Áras an Uachtaráin
Term length 7 years, renewable once
Inaugural holder Douglas Hyde
Formation 25 June 1938
Website www.president.ie
Republic of Ireland

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

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The President of Ireland (Irish: Uachtarán na hÉireann [ˈuəxt̪ˠəɾˠaːn̪ˠ n̪ˠə ˈheːɾʲən̪ˠ]) is the head of state of Ireland. The President is usually directly elected by the people for seven years, and can be elected for a maximum of two terms.[1] The presidency is largely a ceremonial office, but the President does exercise certain limited powers with absolute discretion. The office was established by the Constitution of Ireland in 1937. The President's official residence is Áras an Uachtaráin in Dublin. The current office-holder is Mary McAleese who took office on 11 November 1997.

Selection

The President is formally elected by the people once every seven years, except in the event of premature vacancy, when an election must be held within sixty days.[1] The President is directly elected by secret ballot under the Alternative Vote form of the Single Transferable Vote system.[2] While both Irish and UK citizens resident in the state may vote in elections to Dáil Éireann (the lower house of parliament), only Irish citizens, who must be at least eighteen years of age, may vote in the election of the President. The presidency is open to all citizens of the state who are at least 35.[3] A candidate must, however be nominated by one of the following:[4]

• At least twenty members of the Oireachtas (national parliament).[3]
• At least four county or city councils.[3]
• Themselves (in the case of an incumbent or former president that has served one term).[3]

Where only one candidate is nominated, he or she is deemed elected without the need for a ballot.[3] For this reason, where there is a consensus among political parties not to have a contest, the President may be 'elected' without the occurrence of an actual ballot. Since the establishment of the office this has occurred on six occasions. No one may be elected as President more than twice.[4] Under the wording of the constitution and the relevant statute law a candidate's election formally takes place in the form of a 'declaration' by the returning officer. Where more than one candidate is nominated, the election is 'adjourned' so that a ballot can take place, allowing the electors to choose between candidates.

Ordinary duties and functions

The Constitution of Ireland provides for a parliamentary system of government, under which the role of the head of state is largely a ceremonial one.

Unlike the presidents of many other republics, the President of Ireland is neither the nominal nor de facto chief officer of the state. Rather, executive authority is expressly vested in the Government (cabinet). The Government is obliged, however, to keep the President generally informed on matters of domestic and foreign policy.

Most of the functions of the President may only be carried out in accordance with the strict instructions of the Constitution, or the binding 'advice' of the Government. The President does, however, possess certain personal powers that may be exercised at his or her discretion.

The President is formally one of three tiers of the Oireachtas (national parliament), which also comprises Dáil Éireann (the lower house) and Seanad Éireann (the upper house).

Ceremonial functions

• Appoints the Government: The President appoints the Taoiseach (head of government) and other ministers, and accepts their resignations. The Taoiseach is appointed upon the nomination of Dáil Éireann (the lower house of parliament), and the remainder of the cabinet upon the nomination of the Taoiseach and approval of the Dáil. Ministers are dismissed on the advice of the Taoiseach and the Taoiseach must, unless there is a dissolution of the Dáil, resign upon losing the confidence of the house. On the advice of the Government, the President also appoints members of the judiciary.[4]
• Convenes and dissolves Dáil Éireann: This power is exercised on the advice of the Taoiseach (government or Dáil approval is not needed). The President may only refuse a dissolution when a Taoiseach has lost the confidence of Dáil Éireann.[4]
• Signs bills into law: The President may not, unless exercising one of his/her reserve powers, veto a law that the Dáil and the Seanad have adopted.[4]
• Represents the state in foreign affairs:[4] This power is exercised only on the advice of the Government. The President accredits ambassadors and receives the letters of credence of foreign diplomats. Ministers sign international treaties in the President's name. This role was not exercised by the President prior to 1949, see Irish head of state from 1937–1949.
• Is supreme commander of the Defence Forces,[5] in this role somewhat similar in statute to that of a commander-in-chief. This is a nominal position, the powers of which are exercised on the advice of the Government. See Minister for Defence.
• Power of pardon: The President, on the advice of the Government, has "the right of pardon and the power to commute or remit punishment".[6] This power has only been used once, in the case of Nicky Kelly[7] in the case of the Sallins Train Robbery; it had been announced by the Irish Government that it would be used to pardon the so called IRA 'on the runs' as part of the Northern Ireland peace process, but the Government later abandoned this plan after the British Government similarly abandoned a de facto amnesty for 'on the runs'.

Special limitations

• The President may not leave the state without the consent of the Government.[8]
• Every formal address or message "to the nation" or to either or both Houses of the Oireachtas must have prior approval of the Government.[9] Other than on these two (quite rare) occasions there is no limitation on the President's right to speak. While earlier presidents were exceptionally cautious in delivering speeches and on almost every occasion submitted them for vetting, presidents Mary Robinson and Mary McAleese have made much more use of their right to speak without government approval, with Mary McAleese doing many live radio and television interviews. Nonetheless, by convention Presidents refrain from direct criticism of the government.

Discretionary powers