Irish Government and Politics Constitutional Arrangements

Introduction

• The legacy of British rule in Ireland has left a lasting impact on the political culture and governmental institutions that exists there.

• English as the dominant language; Britain and Ireland main trading partners for imports and exports; common currency until 1979; mass media (70% Irish homes with access to five main British terrestrial television stations).

Early History• Anglo-Norman intervention and early colonisation • Act of Union 1800 – united parliament for all of Great

Britain and Ireland. • Home Rule 1880s through 1916 – expressed through Irish

Parliamentary Party.• Two Home Rule Bills fail (1886 and 1893).• Home Rule Act passed in 1914 – postponed because of

outbreak of WWI and opposition in Ulster.• Easter Rising 1916 – beginning of military campaign for

independence. Originally little public support (even hostility) but the execution of the Rising leaders provoked an angry response from the public – Sinn Fein became largest party in 1918 General Election.

Early HistoryDail Eireann – an illegal ‘alternative’ parliament formed in 1919 by Sinn Fein MPs who refused to go to Westminster. Deadlock between British and Irish parliamentarians begins. Government of Ireland Act 1920 – partition of Ireland; successful in the North in terms of functioning institutions (Stormont) but unsuccessful in the South; sought to make provisions for all-Ireland institutions as well through an inter-parliamentary Council of Ireland; faced opposition in the South and never came into existence; proposal scrapped in 1925. Anglo-Irish Treaty 1921 – deadlock broken; more than Home Rule but less than total separation. Sinn Fein split over Treaty; Irish civil war followed.

Features of Irish Constitution

Constitution of 1919 – accepted Westminster parliamentary system as the model for new Irish government. Irish Free State Constitution (1922) – British influence still obvious with a Governor-General representing the Crown; oath of all MPs to be faithful to the King; the Free State to be a Member of Commonwealth; the Upper House to be established which would lean heavily towards Protestant minority; and anything in conflict with the Anglo-Irish Treaty would be regarded as null and void. 

Changing Flags,Enduring Symbols

The House of Commons of ‘Southern Ireland’ sat in what is now Government

Buildings, Merrion Street

Features of Irish Constitution

Bunreacht na hEireann / The Constitution of Ireland (1937) - written by DeValera; more a development of previous constitution rather than break from it; based on the Westminster Model albeit with non British features like a written constitution & judicial reviews permissible. Main features included – a republican nature of the state; the unitary nature of the state with the Oireachtas as the supreme law making body; the separation of powers between the executive, legislative and judicial functions of government; a bi-cameral legislature with a President; and independent courts.

Features of Irish Constitution

Articles 2 & 3 dealt with state and nation – national territory is whole island of Ireland, its islands and territorial seas; a clear claim on Northern Ireland Strong influence of Catholic social thought - like Article 42.3.2, which prohibits divorce, and Article 44, which recognises the special role of the Catholic Church in the State. A narrow confessional document or liberal document? Article 44 approved by non-Catholic religions, & references to other religions disappointed Catholic church at the time.

A ‘Catholic Constitution for a Catholic People’?

BUNREACHT NA hÉIREANN                                                    

CONSTITUTION OF IRELAND

Enacted by the People 1st July, 1937In operation as from 29th December,

1937

The Father of early independent Ireland:Eamon de Valera

(1882-1975)

System of GovernmentInfluence of British on system of government through the Westminster model – single party & bare majority cabinets; no separation of power between government and parliament; unbalanced bicameralism; two-party system; unitary and centralised government and an unwritten constitution  Consensus model – government by grand coalition; a multi-party system; separation of powers between government and parliament; proportional representation electoral system (STV); and a written constitution which offers real constraints. Simultaneously, Ireland displays traits of both.

System of GovernmentLower House – Dail Eireann to be elected by PR using STV; currently 166 members Upper House – Seanad with 60 indirectly elected members; very weak; can only delay Bills by up to 90 days but nothing more; a talking shop or constructive debates? Office of presidency – directly elected for 7 year term with discretionary powers for use in specific circumstances – ad judicatory role between the Dail and Seanad, power to convene Oireachtas meetings, can refer Bills to the Supreme Court instead of signing them, discretion over dissolution of Dail.

Leinster House – Home of the Oireachtas (Houses of Parliament)

Inside the Dail chamber166 TDs from 42 constituencies

Inside the Seanad chamber60 members

Constitutional ReferendumDuring a transitional period to June, 1941 the Constitution could be amended by ordinary legislation and two Constitution Amendment Acts were enacted during this period. 

 

Since the expiry of the transitional period, it has been possible to amend the Constitution only with the approval of the people at a referendum. 

Referendum…

• 1937 - Plebiscite to adopt the new constitution• 1959 - Introduction of a new voting system (non PR) -

defeated• 1968 - Reducing the size of Dail constituencies -

defeated• 1968 - Introducing a new voting system (non PR) -

defeated• 1972 - Approving EU membership• 1972 - Lowering the voting age from 21 to18• 1972 - Removing the special position of the Catholic

church

Referendum…• 1979 - Clarifying child adoption procedures• 1979 - Extending the graduate electorate for the Seannad• 1983 - Protecting the unborn – prohibition of abortion• 1984 - Extending voting rights to certain non-citizens• 1986 - Removing the prohibition on divorce - defeated• 1987 - Approving the Single European Act• 1992 - Approving the Maastricht Treaty• 1992 - Restricting the availability of abortion - defeated• 1992 - Guaranteeing a right to travel for abortion• 1992 - Guaranteeing a right to information on abortion

Referendum…• 1995 - Removing the prohibition on divorce• 1997 - Reaffirming cabinet confidentiality• 1998 - Amendments to Articles 2&3 re:GFA• 1998 - Approving the Amsterdam Treaty• 1999 - Recognition of local government and timing of local

elections• 2001 - Nice Treaty defeated• 2001 - International Criminal Court• 2001 - Death Penalty• 2002 - Right to abortion when mother’s life in danger - defeated• 2002 - Nice Treaty – EU enlargement• 2004 – Changes to Citizenship Rights

Future of Constitution

Constitutional Review Group established in 1996 (CGR). It argued for some changes to constitution: Removal of all gender-specific language and assurances that constitution includes the principle of gender-inclusiveness in the use of its wording; Insert comprehensive lists of fundamental rights. States of emergency should not be able to last for any longer than a three-year period.

Future of Constitution

Sections of the constitution which dealt with the government institutions were not seen as being in need of change.  Changing attitudes again – doesn’t pose as much of a threat to the liberal agenda as once thought (not after divorce changes anyway); not as overtly old-style nationalistic as it once was.

A Changing Economy

Other changes: the Irish Economy1824 – all import duties between Britain and Ireland had been abolished (free trade area) Impact was an economically weak Ireland trading with one of the world’s most powerful capitalist economies. Main characteristic of Irish economy was its dependence on agriculture – had a monopoly position in supplying Britain with agricultural produce. De Valera’s vision of Ireland was one based on agricultural successes

After partition, main challenge became improving the performance of economy. Move away from free trade towards protectionism and economic self-sufficiency. 1932 Emergency Imposition of Duties Act gave government power to impose/revoke custom duties as and when it wished.

Protectionist regime maintained until 1960s when Ireland seemed likely to become a member of the EU. Resulted in Anglo-Irish Free Trade Agreement in 1966, and eventual entry into EU in 1973.

1960s new policy was to increase the amount of foreign capital in the country; increase industrial development; encourage multi-national firms to set up in Ireland so cutting unemployment. 1973 - Ireland joins the European Economic Community; significant impact; afforded the Irish significant economic benefits from joining; one of the most heavily subsidised countries by the EU; trade with EU states has been a big factor in growth of Ireland economy; single market (1992) eliminated all barriers to trade among member states. Europe provided significant funding for economic development, border regeneration, PEACE I, PEACE II. 1987 – 18% unemployed; 2001 – 4% unemployed – ‘Celtic Tiger’.

The Celtic Tiger – galloping economic growth …

…. brings falling and full employment

Irish Liberalism? Social legislation – abortion, divorce, homosexuality, contraception

Abortion

• The Irish constitution makes abortion illegal, and gives the mother and the unborn child an equal right to life.

• But in 1992, the Irish Supreme Court added its suicide interpretation to the law, ruling, in effect, that abortion could be legal where suicide was judged to be a risk – Girl X

• In effect, in 1992 the people voted for abortion but not for abortion on Irish soil when they supported constitutional amendments that gave women the rights to information about foreign abortion facilities and the right to travel abroad (usually to England) to terminate their pregnancy (triple referendum).

Divorce• In 1986 a referendum was held on removing the prohibition of

divorce in Ireland. Initially public support for such a move was significant but declined after controversy over what a woman’s rights should be in terms of her share of the family property after divorce. Amendment defeated.

• In 1995, a referendum again put to the public after the government had dealt with the property rights aspect through legislation. Support seemed high but only a slender majority approved the amendment. No floods of divorces have been noted in Ireland since the amendment.

• 1997 - divorce becomes legal in Ireland under certain circumstances. (Divorce was permitted through private parliamentary bill under English Law as inherited by the Free State in 1922.)

Homosexuality and Contraception

• 1970s – Sale of contraceptives finally permitted

• 1993 – Sale of contraceptives further liberalized and homosexual activity decriminalized following the campaign of inter alia, Senator David Norris.

More Irish Liberalism? The role of women, ‘the North’, Europe and asylum seekers

Womenthe North

the EU• 1990 - Mary Robinson becomes first woman president of Ireland – “the hand that rocked the cradle, rocked the system!” (1997 – a second woman was elected president.)

• 1998 - The Good Friday Agreement on a political settlement for Northern Ireland was approved in a referendum in the Republic - does ‘the South’ really want ‘the North’?

• 2001 – Nice Treaty on European Union enlargement plans. Turnout in referendum was one of the lowest in Irish history: 32.9% of 2.9 million registered voters. Of these, 46% voted yes, and 54% voted no (2002 – Treaty finally passed). Is Ireland reconsidering unequivocal acceptance of all things European?

AsylumIn 1992 there were 40 registered asylum seekers in

Ireland. Economic transformation has brought with it other monumental changes …..

 In 2001 there were 11,000 registered asylum seekers in

Ireland. This is proportionately more than in Britain and the third-highest rate (compared to the population) in the European Union.

 Most asylum applications (i.e. for refugee status) came

from persons originating in Nigeria (4,050), followed by Romania (1,677), Moldova (536) Zimbabwe (357) and the Ukraine (351). In 2002, applications were received from persons originating in 103 different countries.

AsylumThe number of asylum seekers entering Ireland in

2002 was 11,634. The number of successful applications in 2002 was 893.

 There are approximately 160 different nationalities

living in Ireland. The number of people of non European Economic Area (EEA) nationality registered in the State in 2002 was 116,588.

 Establishment of a National Anti Racism Campaign

in Ireland not least because ‘the Celtic Tiger doesn't sit easily with the Lamb of God’.

Church and State- living in peaceful co-existence?

1967 – Committee on the Constitution decide that articles pertaining to the special role of the Catholic Church in the state (articles 44) should be removed from the Constitution. 1969 – Cardinal Conway declared he ‘wouldn’t shed a tear’ if the provisions were removed. 1972 - Amendment to the Irish constitution

Those attending church weekly in 1973-74 amounted to 91%; by the 1990s it was c.60%. In 1996 only 111 priests were ordained; in 2002 only 1 in Northern Ireland. Declining clerical recruitment poses a major crisis for the future.

Changing classification of belief system of Irish Catholics – from magical-devotional practices (novenas & pilgrimages), through legalist-orthodox beliefs (catholic catechism), to a more individually principal belief system based on ethics and conscience rather than church teaching. Attributed to socio-economic changes; scandals in the Catholic Church (Bishop Eamon Casey of Galway in 1992 & Fr. Michael Cleary the singing priest & Fr. Brendan Smyth); and a decline in trust in other major organisations.

ConclusionsIreland has emerged as an independent state over the past 85 years following centuries of colonial involvement by forces from its larger neighbour.

Despite its independence, the links of language, culture, kinship, economy and society with the rest of these islands remain very considerable.

The governmental system of Ireland draws heavily from that of the former British system albeit modified and modernised to suit local conditions.

Economic transformation – from agrarian based economy to Celtic Tiger, 3rd richest in the EU pc. 

ConclusionsCultural secularisation – from Catholic social thought doctrine to a more ‘European’ approach

Geopolitical reorientation – from old nationalism to new nationalism; from a special exclusive relationship with the ‘old colonial power’ to new relations with the UK, Europe and internationally. Ireland - a "pathetic, sectarian, mono-ethnic, mono-cultural state" (David Trimble, 2001) or not?

Is Ireland now a country now more at ease with itself and the world?