Vol. 415 No. 9
1 Mr. J. Bruton asked the Taoiseach if he has any plans to amend Article 12 (9) of the Constitution which states that the President shall not leave the State except with the consent of the Government; and if he will make a statement on the matter.
2 Mr. J. Bruton asked the Taoiseach if he has any plans to confer additional powers or functions on the President by law within Article 13 (1) of the Constitution; and if he will make a statement on the matter.
I propose to take Questions Nos. 1 and 2 together.
There are no proposals in this regard at present.
Would the Taoiseach agree that it is both invidious and unduly rigid that if the President proposes to take even a private holiday abroad that must receive the actual assent of the Cabinet at a meeting?
I would not accept some of the words used by the Deputy but he should appreciate, and I am sure he does as a former Minister, that under the Constitution the President is not answerable to this House or to any court for the exercise or performance of any powers or functions of the Office. The question of conferring additional powers on the Office would, therefore, require the most careful consideration. For the benefit of the House I might say that I will be meeting the President very shortly to have my first long discussion with her in relation to her Office and its future development.
My supplementary question related to Question No. 1 and the Taoiseach in his reply read some supplementary material relating to Question No. 2. May I ask him, by way of supplementary question again, if he thinks it is unduly rigid and individuos that even if the President wishes to go on a private holiday overseas that must achieve agreement of the Cabinet?
That has always been the case, as the Deputy knows well and so I do not know what he is trying to raise here.
Would the Taoiseach agree that the fact that it has always been the case does not necessarily make it right and, indeed, that it should be changed?
I have nothing further to add.
Deputy G. Mitchell rose.
I was hoping we could expedite matters in respect of the Taoiseach's question.
I was hoping we might get some answers to the questions so that we could make progress in that way. Will the Taoiseach agree and accept, arising from his replies to Deputy Bruton's questions, that public opinion requires that the President be given additional powers and an additional role and that it should be done not by the back door but formally? Will he accordingly agree that the suggestions in the questions put by Deputy Bruton are fair and reasonable and that it is time to address this question which has not been addressed since 1937?
Because of the important constitutional functions vested in the President it is essential that the status of the Office be upheld and that it be kept out of political conflict and controversy. As Head of State she represents all citizens and she cannot by her acts or decisions unduly support any one group or special interest within the State. I assure the House I expect to have an excellent working relationship with the President.
That is not what the Taoiseach is being asked about.
If the President is asked by Bord Fáilte, for instance, to assist in the promotion of Ireland abroad will the Government give approval? I believe the last Government refused that type of approval.
Those are hypothetical questions which have already been disallowed by the questions office.
So much for open Government.
Let us be circumspect in this. It is an acknowledged fact that the President is above and beyond politics.
That is a hypothetical question.
(Limerick East): Is it in order for the Taoiseach to read out irrelevant extracts from Civil Service briefings rather than replying to the questions asked?
Deputy Noonan should not reflect on officials. It is the Taoiseach's responsibility. The Deputy should desist.
(Limerick East): The Taoiseach is not replying to the questions. We had the same performance yesterday.
I am calling Question No. 3.
(Limerick East): He is not even listening to the questions.
The most junior Minister of State would do better than this.
That is quite unfair and a reflection on officials.
Sour grapes will get the Deputies nowhere. That is what will keep them over there. If they want to stay there we do not object; they can stay there indefinitely.
Question No. 3 please.
