ILS Legislative Process ho 15 PDF

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Irish Legal System Handout 8 – The Legislative Process There are two categories of legislation – primary and secondary Primary Legislation

Acts to amend the Constitution Public General Acts Private Acts

Secondary Legislation Statutory Instruments Ministerial Regulations Legislative is power vested in the Oireachtas by Article 15.2.1° - The sole and exclusive power of making laws for the State is vested in the Oireachtas: no other legislative authority has power to make laws for the State. Pre-parliamentary Stages – Legislation begins in a department of the Civil Service in the form of a memo. If approved by the government, a summary of the proposed contents is drawn up and sent to the parliamentary draftsmen. If the draft bill is approved by the government it is printed up by the government printers on white paper. After final governmental approval, it is sent to the Bills Office and printed on green paper (Dáil) or yellow paper (Seanad). Legislative Power of Dáil and Seanad – Money bills may only be initiated in the Dáil. In the event of disagreement between the houses, the Dáil may overrule the Seanad – Article 23. Article 24 allows an abridgement of the Seanad’s time for considering bills in the case of a public emergency. Stages of a Bill within each House – Bills are considered in five stages. When all five stages have been completed in one house, the bill is sent to the other house, where it is exempt from the first stage. First Stage – Leave to Introduce Bill/Introduction by way of Presentment. Second Stage – General Debate. Third Stage – Committee stage. Three types of committee – committee of the whole house, special committee and select committee. 1

Fourth Stage – Amendments made at Committee stage are reviewed. Fifth Stage – Vote on whether to pass bill. Once passed by both houses, the Taoiseach presents the bill to the President for signature. It becomes law once signed. Article 26 – If the president doubts the constitutionality of a bill she may refuse to sign and send it to the Supreme Court. This is known as an Article 26 reference. If the Supreme Court finds it to be unconstitutional she may not sign it. If constitutional she must sign it, and its constitutionality may never again be challenged. Article 27 – If the president receives a petition signed by a majority of the Seanad and not less than one-third of the Dáil stating that the bill contains a “proposal of national importance” and that “the will of the people should be ascertained”, she must refuse to sign. Private Members Bill – Bill sponsored by a member of the Oireachtas who is not a minister, minister of state, the Attorney General or the leader of the Seanad. Private Legislation – Creates law for particular individuals or groups of individuals rather than for the entire state. Private acts were the most important form of legislation until the end of the 18th century.

Further Reading: Kenneally & Tully – pp 81-93 Byrne & McCutcheon – ch 13

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