The Irish Constitution Part 5

The method of proposal and selection for nomination shall be decided by the Chamber/Dail and Senate/Seanad respectively, with special reference to the necessity for arranging for the representation of important interests and inst.i.tutions in the country; Provided that each proposal shall be in writing and shall state the qualifications of the person proposed. As soon as the panel has been formed a list of the names of the members of the panel arranged in alphabetical order with their qualifications shall be published.

ARTICLE 33.

In the case of the death, resignation or disqualification of a member of the Senate/Seanad Eireann (other than a University member) his place shall be filled by a vote of the Senate/Seanad. Any Senator so chosen shall retire from office at the conclusion of the three years period then running and the vacancy or vacancies thus created shall be additional to the places to be filled under Article 31. The term of office of the members chosen at the election after the first fourteen elected shall conclude at the end of the period or periods at which the Senator or Senators by whose death or withdrawal the vacancy or vacancies was or were originally created would be due to retire; Provided that the fifteenth member shall be deemed to have filled the vacancy first created in order of time and so on.

In case of the death, resignation or disqualification of a University member of the Senate/Seanad, the University by which he was elected shall elect a person to fill his place, and the member so elected shall hold office so long as the member in whose place he was elected would have held office.

SECTION II.--LEGISLATIVE PROVISIONS.

D.--LEGISLATION.

ARTICLE 34.

The Chamber/Dail Eireann shall in relation to the subject matter of money bills as hereinafter defined have legislative authority exclusive of the Senate/Seanad Eireann.

A money Bill means a Bill which contains only provisions dealing with all or any of the following subjects, namely, the imposition, repeal, remission, alteration or regulation of taxation; the imposition for the payment of debt or other financial purposes of charges on public moneys or the variation or repeal of any such charges; supply; the appropriation, receipt, custody, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof; subordinate matters incidental to those subjects or any of them. In this definition the expressions "taxation," "public money" and "loan" respectively do not include any taxation, money or loan raised by local authorities or bodies for local purposes.

The Chairman of the Chamber/Dail shall certify any bill which in his opinion is a money bill to be a money bill, but, if within three days after a Bill has been pa.s.sed by the Chamber/Dail, two-fifths of the members of either House by notice in writing addressed to the Chairman of the House of which they are members so require, the question whether the Bill is or is not a money bill shall be referred to a Committee of Privileges consisting of three members elected by each House with a Chairman who shall be the senior judge of the Supreme Court able and willing to act and who, in the case of an equality of votes, but not otherwise, shall be ent.i.tled to vote. The decision of the Committee on the question shall be final and conclusive.

ARTICLE 35.

The Chamber/Dail Eireann shall as soon as possible after the commencement of each financial year consider the Budget of receipts and expenditure of the Irish Free State/Saorstat Eireann for that year, and, save in so far as may be provided by specific enactment in each case, the legislation required to give effect to the Budget of each year shall be enacted within that year.

ARTICLE 36.

Money shall not be appropriated by vote, resolution or law, unless the purpose of the appropriation has in the same session been recommended by a message from the Representative of the Crown acting on the advice of the Executive Council.

ARTICLE 37.

Every Bill initiated in and pa.s.sed by the Chamber/Dail Eireann shall be sent to the Senate/Seanad Eireann and may, unless it be a Money Bill, be amended in the Senate/Seanad Eireann and the Chamber/Dail Eireann shall consider any such amendment; but a Bill pa.s.sed by the Chamber/Dail Eireann and considered by the Senate/Seanad Eireann shall, not later than two hundred and seventy days after it shall have been first sent to the Senate/Seanad, or such longer period as may be agreed upon by the two Houses, be deemed to be pa.s.sed by both Houses in its form as last pa.s.sed by the Chamber/Dail; Provided that any Money Bill shall be sent to the Senate/Seanad for its recommendations and at a period not longer than fourteen days after it shall have been sent to the Senate/Seanad, it shall be returned to the Chamber/Dail which may pa.s.s it, accepting or rejecting all or any of the recommendations of the Senate/Seanad, and as so pa.s.sed shall be deemed to have been pa.s.sed by both Houses. When a Bill other than a Money Bill has been sent to the Senate/Seanad a Joint Sitting of the Members of both Houses may on a resolution pa.s.sed by the Senate/Seanad be convened for the purpose of debating, but not of voting upon, the proposals of the Bill or any amendment of the same.

ARTICLE 38.

A Bill may be initiated in the Senate/Seanad Eireann and if pa.s.sed by the Senate/Seanad shall be introduced into the Chamber/Dail Eireann. If amended by the Chamber/Dail the Bill shall be considered as a Bill initiated in the Chamber/Dail. If rejected by the Chamber/Dail it shall not be introduced again in the same session, but the Chamber/Dail may reconsider it on its own motion.

ARTICLE 39.

A Bill pa.s.sed by either House and accepted by the other House shall be deemed to be pa.s.sed by both Houses.

ARTICLE 40.

So soon as any Bill shall have been pa.s.sed or deemed to have been pa.s.sed by both Houses, the Executive Council shall present the same to the Representative of the Crown for the signification by him, in the King's name, of the King's a.s.sent, and such representative may withhold the King's a.s.sent or reserve the Bill for the signification of the King's pleasure; Provided that the Representative of the Crown shall in the withholding of such a.s.sent to or reservation of any Bill, act in accordance with the law, practice, and const.i.tutional usage governing the like withholding of a.s.sent or reservation in the Dominion of Canada.

A Bill reserved for the signification of the King's Pleasure shall not have any force unless and until within one year from the day on which it was presented to the Representative of the Crown for the King's a.s.sent, the Representative of the Crown signifies by speech or message to each of the Houses of the Parliament/Oireachtas, or by proclamation, that it has received the a.s.sent of the King in Council.

An entry of every such speech, message or proclamation shall be made in the Journal of each House and a duplicate thereof duly attested shall be delivered to the proper officer to be kept among the Records of the Irish Free State/Saorstat Eireann.

ARTICLE 41.

As soon as may be after any law has received the King's a.s.sent, the clerk, or such officer as the Chamber may appoint for the purpose, shall cause two fair copies of such law to be made, one being in the Irish language and the other in the English language (one of which copies shall be signed by the Representative of the Crown to be enrolled for record in the office of such officer of the Supreme Court as the Chamber/Dail Eireann may determine) and such copies shall be conclusive evidence as to the provisions of every such law, and in case of conflict between the two copies so deposited, that signed by the Representative of the Crown shall prevail.

ARTICLE 42.

The Parliament/Oireachtas shall have no power to declare acts to be infringements of the law which were not so at the date of their commission.

ARTICLE 43.

The Parliament/Oireachtas may create subordinate legislatures, but it shall not confer thereon any powers in respect of the Navy, Army or Air Force, alienage or naturalisation, coinage, legal tender, trade marks, designs, merchandise marks, copyright, patent rights, weights and measures, submarine cables, wireless telegraphy, post office, railways, aerial navigation, customs and excise.

ARTICLE 44.

The Parliament/Oireachtas may provide for the establishment of Functional or Vocational Councils representing branches of the social and economic life of the Nation. A law establishing any such Council shall determine its powers, rights and duties, and its relation to the government of the Irish Free State/Saorstat Eireann.

ARTICLE 45.

The Parliament/Oireachtas has the exclusive right to regulate the raising and maintaining of such armed forces as are mentioned in the Scheduled Treaty in the territory of the Irish Free State/Saorstat and every such force shall be subject to the control of the Parliament/Oireachtas.

SECTION II.--LEGISLATIVE PROVISIONS.

E.--REFERENDUM AND INITIATIVE.

ARTICLE 46.

Any Bill pa.s.sed or deemed to have been pa.s.sed by both Houses may be suspended for a period of ninety days on the written demand of two-fifths of the members of the Chamber/Dail Eireann or of a majority of the members of the Senate/Seanad Eireann presented to the President of the Executive Council not later than seven days from the day on which such Bill shall have been so pa.s.sed or deemed to have been so pa.s.sed. Such a Bill shall be submitted by Referendum to the decision of the people if demanded before the expiration of the ninety days either by a resolution of the Senate/Seanad Eireann a.s.sented to by three-fifths of the members of the Senate/Seanad Eireann, or by a pet.i.tion signed by not less than one-twentieth of the voters then on the register of voters, and the decision of the people on such referendum shall be conclusive. These provisions shall not apply to Money Bills or to such Bills as shall be declared by both Houses to be necessary for the immediate preservation of the public peace, health or safety.

ARTICLE 47.

The Parliament/Oireachtas may provide for the initiation by the people of proposals for laws or const.i.tutional amendments. Should the Parliament/Oireachtas fail to make such provision within two years, it shall on the pet.i.tion of not less than one hundred thousand voters on the register, of whom not more than twenty thousand shall be voters in any one const.i.tuency, either make such provisions or submit the question to the people for decision in accordance with the ordinary regulations governing the Referendum. Any legislation pa.s.sed by the Parliament/Oireachtas providing for such initiation by the people shall provide (1) that such proposals may be initiated on a pet.i.tion of fifty thousand voters on the register, (2) that if the Parliament/Oireachtas rejects a proposal so initiated it shall be submitted to the people for decision in accordance with the ordinary regulations governing the Referendum; and (3) that if the Parliament/Oireachtas enacts a proposal so initiated, such enactment shall be subject to the provisions respecting ordinary legislation or amendments of the Const.i.tution as the case may be.

ARTICLE 48.

Save in the case of actual invasion, the Irish Free State/Saorstat Eireann shall not be committed to active partic.i.p.ation in any war without the a.s.sent of the Parliament/Oireachtas.

ARTICLE 49.

Amendments of this Const.i.tution within the terms of the Scheduled Treaty may be made by the Parliament/Oireachtas but every such amendment must be submitted to a Referendum of the people and shall not be pa.s.sed unless a majority of the voters on the register record their votes and either a majority of the voters on the register or two-thirds of the votes recorded are in favour of the amendment.

SECTION III.--THE EXECUTIVE.

A.--EXECUTIVE COUNCIL/AIREACHT.

ARTICLE 50.

The Executive Authority of the Irish Free State/Saorstat Eireann is hereby declared to be vested in the King, and shall be exercisable, in accordance with the law, practice and const.i.tutional usage governing the exercise of the executive authority in the case of the Dominion of Canada, by the Representative of the Crown. There shall be a Council to aid and advise in the government of the Irish Free State/Saorstat Eireann to be styled the Executive Council/Aireacht. The Executive Council shall be responsible to the Chamber/Dail Eireann, and shall consist of not more than twelve Ministers/Airi appointed by the Representative of the Crown, of whom four Ministers shall be Members of the Chamber/Dail Eireann and a number not exceeding eight, chosen from all citizens eligible for election to the Chamber/Dail Eireann, who shall not be members of Parliament/Oireachtas during their term of Office, and who, if at the time of their appointment they are members of Parliament/Oireachtas, shall by virtue of such appointment vacate their seats; Provided that the Chamber/Dail Eireann may from time to time on the motion of the President of the Executive Council determine that a particular Minister or Ministers not exceeding three, may be members of Parliament/Oireachtas in addition to the four members of the Chamber/Dail Eireann above mentioned.