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Dáil Éireann debate -
Thursday, 4 Dec 1958

Vol. 171 No. 12

Ceisteanna—Questions. Oral Answers. - Council of State.

asked the Taoiseach if he will state the names of the members of the Council of State; and how often this body has met in the past 12 months.

As I stated in the course of a reply to a question in this House this day last year, the Council of State consists of (i) ex-officio members, namely, the Taoiseach, the Tánaiste, the Chief Justice, the President of the High Court, the Chairman of Dáil Éireann, the Chairman of Seanad Éireann and the Attorney General.

(ii) Every person able and willing to act who has held the offices of President; Taoiseach, Chief Justice or President of the Executive Council.

The persons who are at present eligible under this category are Mr. John A. Costello, S.C., T.D., and Mr. William T. Cosgrave; and

(iii) Not more than seven persons appointed by the President. The persons who are at present members of the Council of State by virtue of appointment by the President are Mr. Seán MacEntee, T.D., Minister for Health and Minister for Social Welfare; General Richard Mulcahy, T.D.; Mr. William Norton, T.D.; Senator Dr. Robert P. Farnan; Sir Cecil W.F. Stafford-King-Harman and Mr. Patrick J. Little.

The Council of State has not met during the past 12 months as no occasion arose during that period on which, in accordance with the relevant provisions of the Constitution, it was necessary for the President to consult the council or for the council otherwise to act. As the Deputy will be aware, the President is required by the Constitution to consult the Council of State before (1) convening a meeting of either or both of the Houses of the Oireachtas (under Article 13. 2. 3º), (2) communicating with the Houses of the Oireachtas by message or address on any matter of national or public importance (under Article 13. 7. 1º), (3) addressing a message to the Nation on any such matter (under Article 13. 7. 2º), (4) taking a decision on a request by Seanad Éireann to refer to a Committee of Privileges the question whether a Bill is or is not a Money Bill and before appointing the members of the Committee for that purpose (under Article 22. 2. 3º), (5) concurring in a resolution by Dáil Éireann that the time for the consideration of a Bill by Seanad Éireann be abridged (under Article 24. 1), (6) referring a Bill to the Supreme Court for a decision on the question of its constitutionality (under Article 26. 1. 1º) and (7) pronouncing his decision on a joint petition of the members of both of the Houses of the Oireachtas requesting him to decline to sign a Bill (under Article 27. 4. 1º).

In addition to the foregoing occasions on which the President is required to consult the Council of State, Article 14. 4 of the Constitution provides that the Council of State may itself, in certain contingencies, make provision for the exercise and performance of the powers and functions of the President.

I should like to know, if the Seanad rejects the P.R. Bill, will it be necessary to have a meeting of the Council of State?

That is a separate question.

It is a matter for the President.

In all the verbiage I did not catch how many times that body has met during the last 12 months.

It has not met during the last 12 months, as I stated, because no occasion arose during that period on which, in accordance with the relevant provisions of the Constitution, it was necessary for the President to consult the council or for the council otherwise to act.

I got a lot of the smoke screen.

Would it be possible to define the word "consult" in regard to what is to take place between the President and the Council of State?

We shall have to teach the Deputy English.

That is an entirely separate matter.

But it is an important one.

It is a separate matter.

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