The Presidential Commission () is a body which performs the functions of the
president of Ireland
The president of Ireland () is the head of state of Republic of Ireland, Ireland and the supreme commander of the Defence Forces (Ireland), Irish Defence Forces. The presidency is a predominantly figurehead, ceremonial institution, serving as ...
in the case of a vacancy or temporary absence.
Membership
Three members serve on the Presidential Commission.
Under Article 14.2 of the
Constitution of Ireland
The Constitution of Ireland (, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. It guarantees certain fundamental rights, along with a popularly elected non-executi ...
, the President of the
Court of Appeal
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...
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
Cathaoirleach (; Irish for chairperson; plural: ) is the title of the chair (or presiding officer) of Seanad Éireann, the sixty-member upper house of the Oireachtas, the legislature of Ireland. The current Cathaoirleach is Fianna Fáil Senat ...
acts as a member in place of the Cathaoirleach if that office is vacant. The Commission may act with at least two members.
Prior to the ratification by referendum on 4 October 2013 of the
Thirty-third Amendment of the Constitution of Ireland
The Thirty-third Amendment of the Constitution (Court of Appeal) Act 2013 is an amendments to the Constitution of Ireland, amendment to the Constitution of Ireland which established a Court of Appeal (Ireland), Court of Appeal to sit between the ...
, which established the
Court of Appeal
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...
, Article 14 specified that the President of the
High Court would act as a member in place of the Chief Justice. However, the Thirty-third Amendment placed the President of the new Court of Appeal ahead of the President of the High Court in the Irish judicial hierarchy, as the second most senior judge in the country. This necessitated the amendment to the membership of the Presidential Commission.
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
The president of Ireland () is the head of state of Republic of Ireland, Ireland and the supreme commander of the Defence Forces (Ireland), Irish Defence Forces. The presidency is a predominantly figurehead, ceremonial institution, serving as ...
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
Impeachment is a process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements.
In Eur ...
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
A state visit is a formal visit by the head of state, head of a sovereign state, sovereign country (or Governor-general, representative of the head of a sovereign country) to another sovereign country, at the invitation of the head of state (or ...
. When the
22nd government of Ireland collapsed in November 1992, president
Mary Robinson
Mary Therese Winifred Robinson (; ; born 21 May 1944) is an Irish politician who served as the president of Ireland from December 1990 to September 1997. She was the country's first female president. Robinson had previously served as a senato ...
was abroad. The resignation of the
Progressive Democrats
The Progressive Democrats (, literally "The Democratic Party"), commonly referred to as the PDs, were a conservative liberal political party in Ireland. The party's history spanned 24 years, from its formation in 1985 to its dissolution in 20 ...
ministers, the appointment by Taoiseach
Albert Reynolds
Albert Martin Reynolds (3 November 1932 – 21 August 2014) was an Irish Fianna Fáil politician who served as Taoiseach and Leader of Fianna Fáil from 1992 to 1994. He held various cabinet positions between 1979 and 1991, including Ministe ...
of caretaker
Fianna Fáil
Fianna Fáil ( ; ; meaning "Soldiers of Destiny" or "Warriors of Fál"), officially Fianna Fáil – The Republican Party (), is a centre to centre-right political party in Ireland.
Founded as a republican party in 1926 by Éamon de ...
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
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal Legal sex and gender, sex. marriage between same-sex couples is legally performed and recognized in 38 countries, with a total population of 1.5 ...
as
Michael D. Higgins was in the United States.
Origins
The Presidential Commission was created in the 1937
Constitution of Ireland
The Constitution of Ireland (, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. It guarantees certain fundamental rights, along with a popularly elected non-executi ...
. 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
Seanad Éireann ( ; ; "Senate of Ireland") is the senate of the Oireachtas (the Irish legislature), which also comprises the President of Ireland and Dáil Éireann (defined as the house of representatives).
It is commonly called the Seanad or ...
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
The Constitution of Ireland (, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. It guarantees certain fundamental rights, along with a popularly elected non-executi ...
to the inauguration of
Douglas Hyde
Douglas Ross Hyde (; 17 January 1860 – 12 July 1949), known as (), was an Irish academic, linguist, scholar of the Irish language, politician, and diplomat who served as the first president of Ireland from June 1938 to June 1945. He was a l ...
.
1974
From the death of
Erskine H. Childers to the inauguration of
Cearbhall Ó Dálaigh
Cearbhall Ó Dálaigh (; 12 February 1911 – 21 March 1978) was an Irish Fianna Fáil politician, judge and barrister who served as the president of Ireland from December 1974 to October 1976.
His birth name was registered in English as ' ...
.
1976
From the resignation of
Cearbhall Ó Dálaigh
Cearbhall Ó Dálaigh (; 12 February 1911 – 21 March 1978) was an Irish Fianna Fáil politician, judge and barrister who served as the president of Ireland from December 1974 to October 1976.
His birth name was registered in English as ' ...
to the inauguration of
Patrick Hillery
Patrick John Hillery (; 2 May 1923 – 12 April 2008) was an Irish Fianna Fáil politician who served as the sixth president of Ireland from December 1976 to December 1990. He also served as vice-president of the European Commission and Europea ...
.
1997
From the resignation of
Mary Robinson
Mary Therese Winifred Robinson (; ; born 21 May 1944) is an Irish politician who served as the president of Ireland from December 1990 to September 1997. She was the country's first female president. Robinson had previously served as a senato ...
to the inauguration of
Mary McAleese
Mary Patricia McAleese ( ; ; ; born 27 June 1951) is an Irish activist lawyer, academic, author, and former politician who served as the president of Ireland from November 1997 to November 2011. McAleese was first elected as president in 1997, ...
.
See also
*
Council of State
A council of state is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head ...
*
Lords Commissioners
The Lords Commissioners are Privy Council of the United Kingdom, privy counsellors appointed by the monarch of the United Kingdom to exercise, on his or her behalf, certain functions relating to Parliament of the United Kingdom, Parliament whic ...
deputise at Westminster for the UK monarch
*
Lord Justices (Ireland) deputised in Dublin when the
Lord Lieutenant of Ireland
Lord Lieutenant of Ireland (), or more formally Lieutenant General and General Governor of Ireland, was the title of the chief governor of Ireland from the Williamite Wars of 1690 until the Partition of Ireland in 1922. This spanned the K ...
was in Britain
References
External links
*
{{authority control
Politics of the Republic of Ireland
Commission
In-Commission or commissioning may refer to:
Business and contracting
* Commission (remuneration), a form of payment to an agent for services rendered
** Commission (art), the purchase or the creation of a piece of art most often on behalf of anot ...
Ireland
Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...