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The Council of State (Irish: an Chomhairle Stáit^[1]) is a body established by the Constitution of Ireland to advise the President of Ireland in the exercise of many of their discretionary, reserve powers.^[2] It also has authority to provide for the temporary exercise of the duties of the president if these cannot be exercised by either the president or the Presidential Commission^[3] (an eventuality that is very unlikely to occur, since it would require the simultaneous absence of the President and two members of the three-member Commission).^[4]

Members

The Council of State consists of a number of government officials, who sit ex officio, as well as certain former office holders and up to seven individuals of the president's own choosing. The ex officio members comprise the attorney general as well as individuals from each of three branches of government: legislature, executive and judiciary.^[5]

Unlike most of the president's other duties, which must be conducted in accordance with the advice of the cabinet, the seven presidential appointees to the Council of State are chosen at the president's absolute discretion.^[6] These appointees retain their positions until the president's successor takes office.^[7]

Class	Office	Current members
Ex officio: executive	Taoiseach	Simon Harris
Ex officio: executive	Tánaiste	Micheál Martin
Ex officio: legislature	Ceann Comhairle	Verona Murphy
Ex officio: legislature	Cathaoirleach	Jerry Buttimer
Ex officio: judiciary	Chief Justice	Donal O'Donnell
	President of the Court of Appeal^[8]	Caroline Costello
	President of the High Court	David Barniville
Ex officio	Attorney General	Rossa Fanning
Former officeholders	President	Mary Robinson, Mary McAleese
	Taoiseach	Bertie Ahern, Brian Cowen, Enda Kenny, Micheál Martin, Leo Varadkar
	Chief Justice	Ronan Keane, Susan Denham, Frank Clarke
	President of the Executive Council of the Irish Free State	None^{[fn 1]}
President's nominees	(List of former nominees)	Cara Augustenborg, Sinéad Burke, Sindy Joyce, Maurice Malone, Johnston McMaster, Mary Murphy, Seán Ó Cuirreáin [ga]^[10]

^ The office of President of the Executive Council was superseded in 1937 by that of Taoiseach; the last surviving holder, Éamon de Valera, died in 1975. The 1996 Constitution Review Group proposed removing, as obsolete, mention of the office in relation to the Council of State.^[9]

The Constitution explicitly states that members appointed by the President may resign,^[11] or be dismissed by the President.^[12] Former office holders are members if "able and willing to act as a member",^[13] which implies an ability to resign; but there is no provision for dismissing them. When the McCracken Tribunal found in 1997 that former Taoiseach Charles Haughey had misled the Tribunal, there were calls for him to formally resign from the Council of State.^[14]^[15] He did not do so, although he sent his regrets to subsequent meetings of the council until his death.^[14]^[16]

Members of the Council of State may be excused from jury duty.^[17]

The Constitution specifies a declaration of office, "in the presence of Almighty God", which a new member must take before attending an official meeting.^[18] Tánaiste Éamon Gilmore, a declared agnostic, sought legal advice before attending the 2013 Council meeting.^[19] The 1996 Constitutional Review Group recommended making the religious part optional.^[9]

Role

Before exercising any reserve power but one, the President is required to seek the advice of the Council of State, although not required to follow its advice. The one exception, where the President has "absolute discretion",^[20] is in deciding to refuse a dissolution to a Taoiseach who has lost the confidence of the Dáil. The remaining discretionary powers, which do require prior consultation with the Council of State, are as follows (for a detailed description of the president's reserve powers see: President of Ireland#Discretionary powers):

Convening a meeting of either or both Houses of the Oireachtas^[21]
Addressing the Oireachtas^[22]
Addressing the Nation^[23]
Establishing a committee of privileges to resolve a dispute between the Houses over a putative money bill^[24]
Abridging the time for considering a bill in the Seanad^[25]
Referring a bill to the Supreme Court to test its Constitutionality^[26]
Referring a bill to the people for an "ordinary referendum"^[27]

The draft of the Constitution gave more powers to the Council of State. Article 13 allows additional powers to be given to the President acting on the advice of the Government; originally, it was the advice of the Council of State that was to be required.^[28] Article 14 provides for a Presidential Commission as the collective vice-presidency of the state when the President is absent; originally the Council of State was to fill this function.^[28] Nevertheless, under Article 14.4 of the constitution the Council of State, acting by a majority of its members, has the authority to "make such provision as to them may seem meet" for the exercise of the duties of the president in any contingency the constitution does not foresee.^[3] This provision has never been invoked.

The Third Amendment of the Constitution Bill, 1958, which was defeated at a referendum, gave a role to the Council of State in the work of an envisaged constituency boundary commission.

Close to the time of its inception, the Council of State was likened to a privy council,^[29]^[30] although Jim Duffy calls this "more apparent than real" as it has no legislative or judicial functions.^[28] Gemma Hussey, who was a member of the Council of State in 1989–90, described it as "largely a symbolic body".^[31] Actress Siobhán McKenna, appointed to the council by Patrick Hillery, suggested in the 1980s that the Council approach Ronald Reagan regarding the Troubles in Northern Ireland; Hillery's secretary remarked there was "no point in trying to explain" to McKenna that the council had no role in such matters.^[32]

Meetings

Working meetings called by the President for consultation under the terms of the Constitution are rare, though less so since the election of Mary Robinson in 1990. Four meetings have related to an address the Oireachtas, which requires the approval of the Government as well as the consultation of the Council of State. All other meetings have been to advise the President about whether to refer a bill to the Supreme Court.^[33]

Meetings are held in Áras an Uachtaráin.^[14] Members arrive 15 minutes before the meeting starts, and are served light refreshments in the Council of State Room.^[14] At the first meeting of the Council in Mary McAleese's first term, there was a photocall in the State Reception Rooms.^[14] Members are seated in order of precedence in the Presidents' Room around a 1927 dining table purchased by President de Valera in 1961.^[14] The Secretary-General to the President serves as clerk to the council.^[34] The Council does not offer collective advice; the President asks each member in turn to comment, and further discussion may involve several members.^[28] No vote or show of hands is taken.^[35]

The council's deliberations are held in camera,^[14] as for cabinet meetings, though there is no explicit requirement for confidentiality. The Irish Times obtained details of a 1984 meeting from an unnamed attendee,^[36] while James Dooge discussed a 1976 meeting years later with journalist Stephen Collins.^[37] A 2019 legal request under the EU directive on public access to environmental information for records of 1999 and 2002 council meetings was rejected by the Supreme Court in 2022, on the grounds that the President's constitutional immunity from court or Oireachtas scrutiny extended to the Council in its role as advisor to the President.^[38]

Apart from the Council of State's official meetings, its members are invited to important state functions, such as state funerals, the National Day of Commemoration, and the inauguration of the next President. The first President, Douglas Hyde, dined monthly with the members of his Council of State.^[39] The seven new presidential nominees of Mary McAleese's second term were introduced at a luncheon in the Áras the month after their appointment.^[40] Campaigning in the 1990 presidential election, Mary Robinson promised to have meetings of the Council regularly rather than on "an emergency basis".^[41]

Addresses to the Oireachtas

Date of meeting^[33]	President	Topic of Address	Date of Address (link to text)	Notes
20 December 1968^[42]	Éamon de Valera	50th anniversary of the First Dáil	21 January 1969	Brendan Corish was the only absentee from the Council of State meeting.^[43]
29 June 1992	Mary Robinson	"the Irish Identity in Europe^{[broken anchor]}"^[44]	8 July 1992
24 January 1995	Mary Robinson	"Cherishing the Irish Diaspora"	2 February 1995
28 October 1999	Mary McAleese	Marking the millennium^[45]	16 December 1999	Charles Haughey, Albert Reynolds, and Mary Robinson were absent.^[14]

Referring of bills

In some cases, the President has decided to sign the bill (thereby enacting it) without referring it to the Supreme Court; in other cases, the President has referred the bill (or sections of it^[35]) and the court has upheld its constitutionality, and in other cases the Court has found some or all of the referred portions to be unconstitutional. It is not revealed whether some or all members of the Council of State counselled for or against the President's course of action.

Jim Duffy in 1991 criticised the lack of supporting resources for members of the council; at meetings, they were provided only with a copy of the Constitution.^[28] By contrast, prior to the 2013 meeting to discuss the Protection of Life During Pregnancy Bill, a dossier of background information was sent to each member, including legal briefs and news reports.^[46]

Although the serving Chief Justice is a member of the council, by convention they do not get involved in substantive discussions on the bill, as they will be involved in the deliberations if the bill does get referred.^[37]^[46] Therefore, retired Chief Justices and the President of the High Court play a greater role in the discussion.^[37]^[46] The 2013 meeting was the first at which two serving members of the Supreme Court were present: the term of the Chief Justice was limited to seven years in 1997, and ex-Chief Justice John Murray remained an ordinary member of the Court.^[37]^[47]

An act which has passed an Article 26 review cannot subsequently have its constitutionality impugned. Jurists have argued this is dangerous, since an Article 26 review can only consider raise hypothetical issues for consideration, and if an unconsidered issue arises later in a real-world case, a judicial review declaration of unconstitutionality is no longer available as a remedy. President Higgins alluded to this argument when he signed the Planning and Development Act 2024 without consulting the Council of State: he noted doubts about the bill's constitutionality, but said they were "probably best tested in a facts specific way rather than in the abstract".^[48]

Date of meeting^[33]	Bill (section)	President	Outcome	Notes
8 January 1940	Offences against the State (Amendment) Bill, 1940	Douglas Hyde	Referred and upheld^[49]^[50]	The government had unofficially supported the referral, as the 1940 act replaced a section of the Offences against the State Act 1939 which had been found unconstitutional, leading to the release of interned IRA members who soon made a major arms raid.^[51] W. T. Cosgrave was the only absent member of the council.^[52] The Dublin North-West branch of the Labour Party passed a resolution urging William Norton to withdraw from the Council "which exists for the purpose of endorsing Fianna Fáil restrictions on liberty".^[53] Hyde instructed attendees not to discuss "political considerations" or "legal arguments", which limited the value of the meeting.^[54]
25 February 1943	School Attendance Bill, 1942	Douglas Hyde	Referred and struck down^[55]^[56]	Hyde's 1940 instruction was not repeated, after De Valera advised Michael McDunphy, Secretary-General to the President, that it was unhelpful.^[54]
13 August 1947	Health Bill, 1947	Seán T. O'Kelly	Signed without referral^[57]	Absentees were George Gavan Duffy, Douglas Hyde, Timothy Sullivan, W. T. Cosgrave, and Richard Mulcahy.^[58]
14 June 1961	Electoral (Amendment) Bill, 1961	Éamon de Valera	Referred and upheld^[59]^[60]
6 March 1967	Income Tax Bill, 1966	Éamon de Valera	Signed without referral^[61]	All members attended.^[62] On 7 March, before the President announced a decision, the Income Tax (Amendment) Bill, 1967 was introduced and passed by the Oireachtas.^[63] This pre-emptively cancelled the contentious sections of the original Bill.^[63]^[64] Next day, the President signed both bills into law.^[64]^[65]
10 March 1976	Criminal Law (Jurisdiction) Bill, 1975	Cearbhall Ó Dálaigh	Referred and upheld^[66]^[67]	James Dooge, Cathaoirleach of the Seanad, was absent.^[68]
23 September 1976 (a)	Emergency Powers Bill, 1976	Cearbhall Ó Dálaigh	Referred and upheld^[69]^[70]	The meeting, which discussed two bills, lasted 4 hours.^[71] Maurice E. Dockrell was the only absentee.^[71] President Ó Dálaigh and Attorney General Declan Costello debated points of law in great detail.^[28] Minister Paddy Donegan described the President's decision to refer the bill as a "thundering disgrace", precipitating Ó Dálaigh's resignation. James Dooge later suggested that Ó Dálaigh was more concerned with asserting his right to refer the bill than casting doubt on its Constitutionality.^[37] As the bill was formally stated to be emergency legislation, most Constitutional safeguards did not apply to it.^[37]
23 September 1976 (b)	Criminal Law Bill, 1976	Cearbhall Ó Dálaigh	Signed without referral^[72]	Same meeting as preceding
22 December 1981	Housing (Private Rented Dwellings Bill), 1981	Patrick Hillery	Referred and struck down^[73]^[74]
20 December 1983	Electoral (Amendment) Bill, 1983	Patrick Hillery	Referred and struck down^[75]^[76]	Absentees were Siobhán McKenna, Seán MacEntee, and James Dillon.^[77] The bill would have given British citizens the right to vote in all elections in the Republic of Ireland. The Ninth Amendment of the Constitution in 1984 removed the obstacle with regard to Dáil elections but not Presidential elections or referendums (ordinary or constitutional).^[78] The Electoral (Amendment) Act, 1985 extended the franchise for Dáil elections.^[79]
5 December 1984	Criminal Justice Bill, 1983	Patrick Hillery	Signed without referral^[80]	Siobhán McKenna and Máirín Bean Uí Dhálaigh were absent.^[36]
22 June 1988	Adoption (No. 2) Bill, 1987	Patrick Hillery	Referred and upheld^[81]^[82]	Absentees were Tom O'Higgins and Jack Lynch.^[83]
30 October 1991	Fisheries (Amendment) Bill, 1990	Mary Robinson	Signed without referral^[84]
1 December 1993	Matrimonial Home Bill, 1993	Mary Robinson	Referred and struck down^[85]^[86]
1 March 1994	Criminal Justice (Public Order) Bill, 1993	Mary Robinson	Signed without referral^[87]
16 March 1995	Regulation of Information (Services Outside the State For Termination of Pregnancies) Bill, 1995	Mary Robinson	Referred and upheld^[88]^[89]	Main article: In re Article 26 and the Regulation of Information (Services outside the State for Termination of Pregnancies) Bill 1995
1 April 1997	Employment Equality Bill, 1996	Mary Robinson	Referred and struck down^[90]^[91]	15 of 22 members attended, including the Taoiseach.^[92] After the bill was struck down, the Employment Equality Act 1998 was passed instead.^[93]^[94]
6 May 1997	Equal Status Bill, 1997	Mary Robinson	Referred and struck down^[95]^[96]	Charles Haughey was absent.^[97]
30 June 2000 (a)	Planning and Development Bill 1999	Mary McAleese	Referred Part V; upheld^[98]^[99]
30 June 2000 (b)	Illegal Immigrants (Trafficking) Bill 1999	Mary McAleese	Referred §§ 5 and 10; upheld^[98]^[100]	Same meeting as preceding
8 April 2002	Section 24 of the Housing (Miscellaneous Provisions) (No. 2) Bill, 2001	Mary McAleese	Signed without referral^[101]
21 December 2004	Health (Amendment) (No. 2) Bill 2004	Mary McAleese	Referred and struck down^[102]^[103]	Charles Haughey was the only absentee.^[16]
9 May 2007	Criminal Justice Bill 2007	Mary McAleese	Signed without referral^[104]
22 July 2009 (a)	Defamation Bill 2006	Mary McAleese	Signed without referral^[105]	19 of 22 members of the council were present; the meeting lasted over 3 hours.^[106] See also blasphemy law in Ireland.
22 July 2009 (b)	Criminal Justice (Amendment) Bill 2009	Mary McAleese	Signed without referral^[105]	Same meeting as preceding
21 December 2010	Credit Institutions (Stabilisation) Bill 2010	Mary McAleese	Signed without referral^[107]	See 2008–2011 Irish banking crisis
29 July 2013	Protection of Life During Pregnancy Bill 2013	Michael D. Higgins	Signed without referral^[108]	See Protection of Life During Pregnancy Act 2013.^[109] Of 24 members, 21 attended; Mary Robinson, John Bruton and Albert Reynolds were absent, though Robinson and Bruton made written submissions.^[110]^[111] The meeting ran from 3.15pm to 6.45pm.^[110]
29 December 2015	International Protection Bill 2015	Michael D. Higgins	Signed without referral^[112]	Liam Cosgrave, Mary Robinson and Gearóid Ó Tuathaigh did not attend.^[113] The press release stated the meeting would consider whether:^[114] sections 56 and 57 of the bill violated any part of the Constitution any part of the bill violated Article 42A of the Constitution section 78 of the bill violated Article 29.6 of the Constitution
11 October 2023	Judicial Appointments Commission Bill 2022	Michael D. Higgins	Referred §§ 9, 10, 39, 40(2), 42, 43, 45, 46, 47, 51, 57 and 58; upheld.^[115]^[116]^[117]	There was concern that the bill restricts the Government's discretion in appointing judges.^[117]^[35] Higgins said two submissions had been received, one from Michael McDowell.^[35] Present were 19 members; absent were Mary McAleese (in Rome^[35]^[118]), Bertie Ahern (in the US^[35]), John Bruton, Enda Kenny, and Ronan Keane.^[35] Discussion focused on §§ 47 and 51.^[35] Judgment was delivered on 8 December 2023.^[119]^[120]
15 July 2024	Defence (Amendment) Bill 2024	Michael D. Higgins	Signed without referral^[121]	Defence Forces representative groups had expressed concern that sections 11 and 24 of the bill would unduly constrain their activities. The meeting lasted from about 3pm to 5.30pm. Seán Ó Fearghaíl, Brian Cowen and Mícheál Martin were absent.^[122]

References

"Constitution of Ireland". Irish Statute Book. September 2012. Retrieved 24 October 2023.

Footnotes

^ "the Council of State". téarma.ie – Dictionary of Irish Terms. Foras na Gaeilge and Dublin City University. Archived from the original on 2 October 2018. Retrieved 18 November 2016.
^ Constitution of Ireland, Articles 31–2
^ ^a ^b Constitution of Ireland, Article 14.4
^ Constitution of Ireland, Article 14.3
^ Constitution of Ireland, Article 31.2
^ Constitution of Ireland, Article 31.3
^ Constitution of Ireland, Article 31.5
^ "Thirty-third Amendment of the Constitution Act, 2013". Irish Statute Book. Attorney General of Ireland. Archived from the original on 15 March 2015. Retrieved 9 April 2015.
^ ^a ^b Constitution Review Group (1996). "The Council of State". Report of the Constitution Review Group (PDF). Government publications. Vol. Pn.2632. Dublin: Stationery Office. p. 113. ISBN 0707624401. Archived from the original (PDF) on 21 July 2011.
^ "President appoints members to Council of State" (Press release). Office of the President of Ireland. 4 April 2019. Archived from the original on 17 October 2019. Retrieved 4 April 2019.; "Seven new members in Irish Council of State". BBC News. 4 April 2019. Archived from the original on 22 September 2020. Retrieved 4 April 2019.
^ Constitution of Ireland, Article 31.6
^ Constitution of Ireland, Article 31.7
^ Constitution of Ireland, Article 31.2(ii)
^ ^a ^b ^c ^d ^e ^f ^g ^h McCarthy, Justine (30 October 1999). "Keeping her own Council". Irish Independent. p. 1. Archived from the original on 25 October 2012. Retrieved 12 November 2010.
^ "Haughey's removal from Council of State urged". The Irish Times. 15 October 1997. p. 7. Archived from the original on 22 October 2012. Retrieved 13 November 2010.
^ ^a ^b "Council advises McAleese on Health Bill". RTÉ.ie. 21 December 2004. Archived from the original on 23 February 2011. Retrieved 12 November 2010. the only absentee was the former Taoiseach, Charles Haughey
^ "Juries Act, 1976; First Schedule, Part II". Irish Statute Book. Archived from the original on 6 November 2013. Retrieved 7 November 2013.
^ Constitution of Ireland, Article 31.4
^ Minihan, Mary (27 July 2013). "Agnostic Gilmore got legal advice on swearing religious oath". The Irish Times. Archived from the original on 23 August 2013. Retrieved 8 August 2013.
^ Constitution of Ireland, Article 13.2.2°
^ Constitution of Ireland, Article 13.2.3°
^ Constitution of Ireland, Article 13.7.1°
^ Constitution of Ireland, Article 13.7.2°
^ Constitution of Ireland, Article 22.2.6°
^ Constitution of Ireland, Article 24.1
^ Constitution of Ireland, Article 26.1.1°
^ Constitution of Ireland, Article 27.4.1°
^ ^a ^b ^c ^d ^e ^f Duffy, Jim (21 February 1991). "Council of State's function is still very confined". The Irish Times. p. 9.
^ "First Council of State meets to-day". The Irish Times. 8 January 1940. p. 5. The new body may be said to be analogous to the old-time Privy Council, with the important difference that it is purely advisory, and has, in fact, no definite powers.
^ Keogh, Dermot; McCarthy, Andrew; McCarthy, Dr. Andrew (2007). The making of the Irish Constitution 1937: Bunreacht na hÉireann. Mercier Press. p. 199. ISBN 978-1-85635-561-2. Archived from the original on 31 December 2013. Retrieved 30 September 2016. The Privy Council in Ireland disappeared with the Viceroy and the rule of Dublin Castle; it comes back as the President's Council of State
^ Hussey, Gemma (1995). Ireland today. Penguin. p. 12. ISBN 978-0-14-015761-1.
^ UCD Archives (2012). "Papers of Dr Patrick Hillery; Descriptive Catalogue" (PDF). P205/120 p.92. Archived (PDF) from the original on 8 December 2021. Retrieved 28 September 2021.
^ ^a ^b ^c "Meetings of the Council of State". Office of the President. Archived from the original on 5 June 2011. Retrieved 11 November 2010.
^ Presidential Establishment Act, 1938 §6((5)) Archived 11 October 2012 at the Wayback Machine; as amended by Civil Service Regulation (Amendment) Act 2005 §27 Archived 23 June 2013 at the Wayback Machine
^ ^a ^b ^c ^d ^e ^f ^g ^h McGee, Harry (13 October 2023). "How the Council of State advised President at meeting on judicial appointments Bill". The Irish Times. Archived from the original on 13 October 2023. Retrieved 14 October 2023.
^ ^a ^b "Council of State gives mixed reaction to Bill". The Irish Times. 6 December 1984. p. 7.
^ ^a ^b ^c ^d ^e ^f Collins, Stephen (28 July 2013). "State's most bizarre body to advise on abortion Bill". The Irish Times. Archived from the original on 1 August 2013. Retrieved 1 August 2013.
^
- Public Interest Law Alliance (18 May 2022). "Supreme Court - President is immune from requests for information under European AIE Regulations". PILA Bulletin. Free Legal Advice Centres. Archived from the original on 5 November 2023. Retrieved 5 November 2023.
- Right to Know CLG v Commissioner for Environmental Information & Ors [2022] IESC 19 at para. 75 (29 April 2022)
^ Dunleavy, Janet Egleson; Dunleavy, Gareth W. (1991). Douglas Hyde: a maker of modern Ireland. University of California Press. pp. 399–400. ISBN 978-0-520-06684-7.
^ "Engagements Week beginning 13th December 2004". Office of the President. Archived from the original on 16 July 2011. Retrieved 13 November 2010. Wednesday, 15 December 2004 ... 12:30 pm Áras an Uachtaráin: President hosts lunch for newly-appointed members of the Council of State
^ Tynan, Maol Mhuire (27 September 1990). "Robinson wants Council of State to have new role in Presidency". The Irish Times. p. 2.
^ 20 December 1968 – Address to Houses of the Oireachtas (Parliament) Archived 16 July 2011 at the Wayback Machine Office of the President
^ "Council of State meets". The Irish Times. 21 December 1968. p. 4.
^ 29 June 1992 – Address to the Houses of the Oireachtas (Parliament) Archived 16 July 2011 at the Wayback Machine Office of the President
^ 28 October 1999 – Address to the Houses of the Oireachtas (Parliament) 28 October 1999 – Address to the Houses of the Oireachtas (Parliament) Archived 16 July 2011 at the Wayback Machine Office of the President
^ ^a ^b ^c Mac Cormaic, Ruadhan (29 July 2013). "Council of State gathers at Áras for meeting on abortion Bill". The Irish Times. Archived from the original on 23 August 2013. Retrieved 1 August 2013.
^ "Appointment and Tenure of Judges of the Supreme Court". Supreme Court of Ireland. Archived from the original on 3 July 2013. Retrieved 1 August 2013.
^ Horgan-Jones, Jack (17 October 2024). "'Very unusual' for President to suggest concerns around Planning Bill without referring it to Supreme Court". The Irish Times. Retrieved 20 October 2024.
^ 8 January 1940 – Offences against the State (Amendment) Bill, 1940 Archived 16 July 2011 at the Wayback Machine Office of the President
^ In re Article 26 and the Offences Against the State (Amendment) Bill 1940 Archived 18 June 2010 at the Wayback Machine Supreme Court
^ Hogan, Gerard W.; Kinsella, Eoin (2012). The Origins of the Irish Constitution: 1928–1941. Royal Irish Academy. pp. 670–682. ISBN 9781904890751.
^ "Offences Bill referred to Supreme Court". The Irish Times. 9 January 1940. p. 5.
^ "The Council of State; A Dublin Labour resolution". The Irish Times. 13 January 1940. p. 13.
^ ^a ^b Cahillane, Laura; Gallen, James; Hickey, Tom (2017). Judges, politics and the Irish Constitution. Manchester University Press. p. 231. ISBN 9781526108203.
^ 25 February 1943 – School Attendance Bill, 1942 Archived 16 July 2011 at the Wayback Machine Office of the President
^ In re Article 26 and the School Attendance Bill 1942 Archived 17 August 2010 at the Wayback Machine Supreme Court
^ 13 August 1947 – Health Bill, 1947 Archived 26 September 2011 at the Wayback Machine Office of the President
^ "Council of State Meets". The Irish Times. 14 August 1947. p. 1.
^ 14 June 1961 – Electoral (Amendment) Bill, 1961 Archived 26 September 2011 at the Wayback Machine Office of the President
^ In re Article 26 and the Electoral (Amendment) Bill 1961 Archived 17 August 2010 at the Wayback Machine Supreme Court
^ 6 March 1967 – Income Tax Bill, 1966 Archived 26 September 2011 at the Wayback Machine Office of the President
^ "Council of State meets". The Irish Times. 7 March 1967. p. 1.
^ ^a ^b Dáil debates Vol.227 col.113 Archived 22 September 2012 at the Wayback Machine
^ ^a ^b Income Tax (Amendment) Act, 1967 Archived 20 December 2010 at the Wayback Machine Irish Statute Book
^ Income Tax Act, 1967 Archived 12 December 2010 at the Wayback Machine Irish Statute Book
^ 10 March 1976 – Criminal Law (Jurisdiction) Bill, 1975 Archived 26 September 2011 at the Wayback Machine Office of the President
^ In re Article 26 and the Criminal Law (Jurisdiction) Bill 1975 Archived 17 August 2010 at the Wayback Machine Supreme Court
^ "Criminal Law Bill for Supreme Court". The Irish Times. 11 March 1976. p. 1.
^ 23 September 1976 – Emergency Powers Bill, 1976 Archived 26 September 2011 at the Wayback Machine Office of the President
^ In re Article 26 and the Emergency Powers Bill 1976 Archived 17 August 2010 at the Wayback Machine Supreme Court
^ ^a ^b "President consults Council of State for four hours". The Irish Times. 24 September 1976. p. 1. Archived from the original on 22 October 2012. Retrieved 13 November 2010.
^ 23 September 1976 – Criminal Law Bill, 1976 Archived 26 September 2011 at the Wayback Machine Office of the President
^ 22 December 1981 – Housing (Private Rented Dwellings Bill), 1981 Archived 26 September 2011 at the Wayback Machine Office of the President
^ In re Article 26 and the Housing (Private Rented Dwellings) Bill 1981 Archived 17 August 2010 at the Wayback Machine Supreme Court
^ 20 December 1983 – Electoral (Amendment) Bill, 1983 Archived 26 September 2011 at the Wayback Machine Office of the President
^ In re Article 26 and the Electoral (Amendment) Bill 1983 Archived 17 August 2010 at the Wayback Machine Supreme Court
^ "Council of State considers voting Bill". The Irish Times. 21 December 1983. p. 6.
^ Ninth Amendment of the Constitution Act, 1984 Archived 12 April 2011 at the Wayback Machine Irish Statute Book
^ Electoral (Amendment) Act, 1985 Archived 11 October 2012 at the Wayback Machine Irish Statute Book
^ 5 December 1984 – Criminal Justice Bill, 1983 Archived 16 October 2011 at the Wayback Machine Office of the President
^ 22 June 1988 – Adoption (No. 2) Bill, 1987 Archived 16 October 2011 at the Wayback Machine Office of the President
^ In re Article 26 and the Adoption (No.2) Bill 1987 Archived 17 August 2010 at the Wayback Machine Supreme Court
^ Brennock, Mark (22 June 1988). "Hillery consults Council of State on Adoption Bill". The Irish Times. p. 9.
^ 30 October 1991 – Fisheries (Amendment) Bill, 1990 Archived 16 October 2011 at the Wayback Machine Office of the President
^ 1 December 1993 – Matrimonial Home Bill, 1993 Archived 16 October 2011 at the Wayback Machine Office of the President
^ In re Article 26 and Matrimonial Home Bill 1993 Archived 17 August 2010 at the Wayback Machine Supreme Court
^ 1 March 1994 – Criminal Justice Public Order Bill, 1993 Archived 16 October 2011 at the Wayback Machine Office of the President
^ 16 March 1995 – Regulation of Information services outside the State for Termination of Pregnancies Bill, 1995. Archived 16 October 2011 at the Wayback Machine Office of the President
^ In re Article 26 and the Regulation of Information (Services outside the State for the Termination of Pregnancies) Bill 1995 Archived 17 August 2010 at the Wayback Machine Supreme Court
^ 1 April 1997 – Employment Equality Bill, 1996 Archived 16 October 2011 at the Wayback Machine Office of the President
^ In re Article 26 and the Employment Equality Bill 1996 Archived 17 August 2010 at the Wayback Machine Supreme Court
^ "15 attend meeting on Bill". Irish Times. 4 April 1997. Archived from the original on 22 October 2012. Retrieved 12 November 2010.
^ "Employment Equality Bill, 1997: Second Stage". Seanad Éireann debates. Oireachtas. 12 February 1998. pp. Vol.154 No.4 p.8. Archived from the original on 13 November 2012. Retrieved 25 July 2013.
^ "Employment Equality Bill, 1997 [Seanad] (No 58 of 1997)". Bills 1997-2013. Oireachtas. Archived from the original on 14 June 2013. Retrieved 25 July 2013.
^ 6 May 1997 – Equal Status Bill, 1997 Archived 16 October 2011 at the Wayback Machine Office of the President
^ In re Article 26 and the Equal Status Bill 1997 Archived 17 August 2010 at the Wayback Machine Supreme Court
^ Maher, John (26 July 1997). "Haughey's fall from grace does not lighten the burden of the taxpayer". The Irish Times. p. 9.
^ ^a ^b 30 June 2000 – (a) Planning and Development Bill 1999 and (b) Illegal Immigrants (Trafficking) Bill 1999 Archived 16 October 2011 at the Wayback Machine Office of the President
^ In re Article 26 and the Planning and Development Bill 1999 Archived 17 August 2010 at the Wayback Machine Supreme Court
^ In re Article 26 and the Illegal Immigrants (Trafficking) Bill 1999 Archived 17 August 2010 at the Wayback Machine Supreme Court
^ 8 April 2002 – Section 24 of the Housing (Miscellaneous Provisions) (No. 2) Bill, 2001 Archived 16 October 2011 at the Wayback Machine Office of the President
^ 21 December 2004 – Health (Amendment) (No. 2) Bill 2004 Archived 16 October 2011 at the Wayback Machine Office of the President
^ In re Article 26 and the Health (Amendment) (No 2) Bill 2004 Archived 17 August 2010 at the Wayback Machine Supreme Court
^ 9 May 2007 – Criminal Justice Bill 2007 Archived 16 October 2011 at the Wayback Machine Office of the President
^ ^a ^b 22 July 2009 – (a) Defamation Bill 2006 and (b) Criminal Justice (Amendment) Bill 2009 Archived 16 October 2011 at the Wayback Machine Office of the President
^ "President signs controversial bills into law". RTÉ.ie. 23 July 2009. Archived from the original on 25 September 2009. Retrieved 16 January 2011.
^ "President signs Credit Institutions Bill". Irish Examiner. 21 December 2010. Archived from the original on 18 June 2021. Retrieved 21 December 2010.
^ "President Higgins signs abortion bill into law". Irish Independent. 30 July 2013. Archived from the original on 28 August 2013. Retrieved 30 July 2013.
^ McGee, Harry (24 July 2013). "Higgins to consult Council of State on abortion Bill". The Irish Times. Archived from the original on 26 July 2013. Retrieved 24 July 2013.
^ ^a ^b McGee, Harry (29 July 2013). "Council of State meeting on abortion Bill ends". The Irish Times. Archived from the original on 30 July 2013. Retrieved 29 July 2013.
^ Sheahan, Fionnan (30 July 2013). "Higgins urged by advisers to sign abortion bill into law". Irish Independent. Retrieved 30 July 2013.
^ O'Carroll, Sinead (30 December 2015). "After calling in help, President Higgins has signed 'rushed' new asylum laws". TheJournal.ie. Archived from the original on 20 January 2016. Retrieved 30 December 2015.
^ Ryan, Nicky (29 December 2015). "There were some familiar faces at this morning's Council of State meeting". TheJournal.ie. Archived from the original on 31 December 2015. Retrieved 30 December 2015.
^ "Meeting of the Council of State" (Press release). Office of the President. 23 December 2015. Archived from the original on 29 December 2015. Retrieved 30 December 2015.
^ "President Higgins signs Judicial Appointments Commission Bill 2022". President of Ireland. 8 December 2023. Retrieved 8 December 2023.
^ "President Higgins refers the Judicial Appointments Commission Bill 2022 to the Supreme Court" (Press release). Office of the President. 13 October 2023. Retrieved 13 October 2023.
^ ^a ^b O'Donnell, Orla (13 October 2023). "New legislation on how judges appointed to be referred to Supreme Court for decision". RTÉ News. Archived from the original on 13 October 2023. Retrieved 13 October 2023.
^ Pepper, Diarmuid (13 October 2023). "Mary McAleese calls on Catholic Church to 'reform out-dated teachings' and ensure equality". TheJournal.ie. Archived from the original on 14 October 2023. Retrieved 14 October 2023.
^ Carolan, Mary (8 December 2023). "Supreme Court rules new system for appointing judges is constitutional". The Irish Times. Retrieved 8 December 2023.
^ "In the matter of Article 26 of the Constitution and in the matter of the Judicial Appointments Commission Bill 2022 [2023] IESC 34". Courts Service. 8 December 2023.
^ Horgan-Jones, Jack (17 July 2024). "President signs Bill relating to Defence Forces after convening Council of State". The Irish Times. Retrieved 17 July 2024.
^
- Gallagher, Conor (15 July 2024). "Why is the President convening the Council of State?". The Irish Times. Retrieved 15 July 2024.
- Murphy, David (15 July 2024). "Council of State meeting to consider Defence Bill". RTÉ News. Retrieved 15 July 2024.
- McGee, Harry (15 July 2024). "Council of State meets to advise President on Bill bringing changes in Defence Forces". The Irish Times. Retrieved 15 July 2024.

External links

"Council of State". President of Ireland.
"Constitution of Ireland". Irish Statute Book. September 2012. Retrieved 24 October 2023.

[10] The office of President of the Executive Council was superseded in 1937 by that of Taoiseach; the last surviving holder, Éamon de Valera, died in 1975. The 1996 Constitution Review Group proposed removing, as obsolete, mention of the office in relation to the Council of State.^[9]

[tearma-1] "the Council of State". téarma.ie – Dictionary of Irish Terms. Foras na Gaeilge and Dublin City University. Archived from the original on 2 October 2018. Retrieved 18 November 2016.

[2] Constitution of Ireland, Articles 31–2

[art14-4-3] Constitution of Ireland, Article 14.4

[art14-3-4] Constitution of Ireland, Article 14.3

[5] Constitution of Ireland, Article 31.2

[6] Constitution of Ireland, Article 31.3

[7] Constitution of Ireland, Article 31.5

[8] "Thirty-third Amendment of the Constitution Act, 2013". Irish Statute Book. Attorney General of Ireland. Archived from the original on 15 March 2015. Retrieved 9 April 2015.

[crg1996-9] Constitution Review Group (1996). "The Council of State". Report of the Constitution Review Group (PDF). Government publications. Vol. Pn.2632. Dublin: Stationery Office. p. 113. ISBN 0707624401. Archived from the original (PDF) on 21 July 2011.

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[12] Constitution of Ireland, Article 31.6

[13] Constitution of Ireland, Article 31.7

[14] Constitution of Ireland, Article 31.2(ii)

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[18] "Juries Act, 1976; First Schedule, Part II". Irish Statute Book. Archived from the original on 6 November 2013. Retrieved 7 November 2013.

[19] Constitution of Ireland, Article 31.4

[20] Minihan, Mary (27 July 2013). "Agnostic Gilmore got legal advice on swearing religious oath". The Irish Times. Archived from the original on 23 August 2013. Retrieved 8 August 2013.

[21] Constitution of Ireland, Article 13.2.2°

[22] Constitution of Ireland, Article 13.2.3°

[23] Constitution of Ireland, Article 13.7.1°

[24] Constitution of Ireland, Article 13.7.2°

[25] Constitution of Ireland, Article 22.2.6°

[26] Constitution of Ireland, Article 24.1

[27] Constitution of Ireland, Article 26.1.1°

[28] Constitution of Ireland, Article 27.4.1°

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