President of Ireland

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

The President of Ireland (Irish: Uachtarán na hÉireann [ˈuəxt̪ˠəɾˠɑːn̪ˠ 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. 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. The President is directly elected by secret ballot under the Alternative Vote form of the Single Transferable Vote system. 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. A candidate must, however be nominated by one of the following:

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

Where only one candidate is nominated, he or she is deemed elected without the need for a ballot. 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. 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

Official Seal of the President of Ireland

• 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.
• 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.
• 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.
• Represents the state in foreign affairs: 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, 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". This power has only been used once, in the case of Nicky Kelly 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.
• Every formal address or message "to the nation" or to either or both Houses of the Oireachtas must have prior approval of the Government. 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

The Irish Presidential Standard, the flag used by President of Ireland since 1945, shows a golden Cláirseach (Gaelic harp) with silver strings on a background of St. Patrick's Blue.

The President possesses the following powers exercised "in his (or her) absolute discretion" according to the English version of the Constitution. In the Irish version, these powers are exercised as a chomhairle féin which is usually translated as "under their own counsel." In the event of a clash between the Irish and English versions of the constitution, the Irish one is given supremacy, though it is not as well-worded legally. Lawyers have suggested that a clash may exist in this case between both versions of the constitution. While "absolute discretion" appears to leave some freedom for manoeuvre for a president in deciding whether to initiate contact with the opposition, "under their own counsel" has been interpreted by some lawyers as suggesting that no contact whatsoever can take place. As a result of this clash, it is considered grossly inappropriate for the president to be contacted by the leaders of any political parties in an effort to influence a decision made using the discretionary powers. It is required that, before exercising certain reserve powers, the President consult the Council of State. However, the President is not compelled to act in accordance with the council's advice.

Refusal of a Dáil dissolution

The Taoiseach is required to resign if he has "ceased to retain the support of a majority" of the Dáil, unless he asks the President to dissolve the Dáil. The President has the right to refuse such a request, in which case the Taoiseach must resign immediately. This power has never been invoked but the necessary circumstances existed in 1944, 1982 and 1994. The apparent discrepancy between the Irish and English versions of the Constitution has discouraged presidents from contemplating the use of the power and led to an ultra-strict application of a policy of non-contact with the opposition, most notably in January 1982 when President Hillery instructed an aide, Captain Anthony Barber, to ensure that no telephone calls from the opposition were to be passed on to him. (Nevertheless three opposition figures, including Fianna Fáil leader Charles Haughey, demanded to be put through to Hillery, with Haughey threatening to end Barber's career if the calls weren't put though. Hillery, as Commander-in-Chief of the Defence Forces, recorded the threat in Barber's file and recorded that Barber had been acting on his instructions in refusing the call). Even without this consideration, refusing such a request would arguably create a constitutional crisis, as it can be seen as a constitutional convention that the head of state always grants a parliamentary dissolution. Having said this, President Mary Robinson, who had been a distinguished constitutional lawyer, has stated that she would have refused Albert Reynolds a dissolution if he had asked for one after falling from office in 1994.