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Government of Ireland

From Wikipedia, the free encyclopedia
(Redirected fromGovernment of the Republic of Ireland)

This article is about the cabinet of the Republic of Ireland. For the government in Northern Ireland, seeNorthern Ireland Executive.

Government of Ireland
Irish:Rialtas na hÉireann
Overview
Established29 December 1937
CountryRepublic of IrelandIreland
PolityUnitary parliamentary republic
LeaderTaoiseach
Appointed byPresident of Ireland on successful nomination fromDáil Éireann[1]
Ministries18[2] (list)
Responsible toOireachtas Éireann
Annual budget€10.5 billion (2024)[3]
HeadquartersGovernment Buildings,
Merrion Street,Dublin
Websitewww.gov.ie/en/
www.ireland.ie/en/
Coat of arms of Ireland
Administrative geography

TheGovernment of Ireland (Irish:Rialtas na hÉireann) is theexecutive authority ofIreland, headed by theTaoiseach, thehead of government. The government – also known as thecabinet – is composed ofministers, each of whom must be a member of theOireachtas, which consists ofDáil Éireann andSeanad Éireann. Ministers are usually assigned agovernment department with aportfolio covering specificpolicy areas although provision exists for the appointment of aminister without portfolio.

The taoiseach must benominated by the Dáil, the House of Representatives, from among its members. Following the nomination of theDáil, thepresident of Ireland formally appoints thetaoiseach. The president also appoints members of the government on the nomination of thetaoiseach and their approval by theDáil. The taoiseach nominates one member of the government astánaiste, the deputy head of government. Like the taoiseach, the tánaiste and theminister for finance must be members of the Dáil.

The government is dependent on the Oireachtas to passprimary legislation and as such, the government needs to command a majority in theDáil to ensure support and confidence for budgets and the passage of government legislation.

The35th government of Ireland entered office on 23 January 2025 withMicheál Martin, leader ofFianna Fáil, asTaoiseach, andSimon Harris, leader ofFine Gael, asTánaiste. It is acoalition government ofFianna Fáil,Fine Gael and a group of independent TDs, and was formed after negotiations following ageneral election in December 2024.[4]

Government

[edit]

Membership of the cabinet is regulated by Article 28 of theConstitution of Ireland and by theMinisters and Secretaries Acts 1924 to 2020.[5] The Constitution requires the government to consist of between seven and fifteen members,[6] all of whom must be a member of theOireachtas.

Since the formation of the12th government of Ireland in 1966, all Irish cabinets have been formed with the constitutional maximum of fifteen ministers. The total sometimes falls below this number for brief periods following the resignation of individual ministers or the withdrawal of a party from a coalition.

No more than two members of the cabinet may be members ofSeanad Éireann.[7] All other members of the cabinet must be members ofDáil Éireann, the house of representatives. TheTaoiseach, Tánaiste andMinister for Finance must be members of the Dáil.[8] In practice, however, the members of the cabinet are invariably members of the Dáil. Since the adoption of the 1937 Constitution, only two ministers have been appointed from the Seanad:Seán Moylan who served in 1957 asMinister for Agriculture andJames Dooge who served asMinister for Foreign Affairs from 1981 to 1982.[9]Joseph Connolly, a member of theFree State Seanad, had served in theExecutive Council of the Irish Free State[9] from 1932 to 1933 asMinister for Posts and Telegraphs, and from 1933 to 1936 asMinister for Lands and Fisheries.

A member of the government in charge of aDepartment of State is designated a minister of the Government (before 1977 this position was termedMinister of State).[10] For distinction,Ministers of State (known before 1977 asParliamentary Secretaries) – informally called junior ministers – are not Ministers of the Government, but assist those ministers in their departments. Aminister without portfolio may be appointed to the Government who is not the head of a Department of State; this occurred during the period known in Ireland asthe Emergency whenFrank Aiken served asMinister for the Co-ordination of Defensive Measures from 1939 until 1945.[11] The functions of government ministers arefrequently transferred between departments duringcabinet reshuffles or after elections. On occasion, a department of state will cease to exist, its functions being transferred to another department. Such defunct ministerial positions include the Ministers forLabour,Posts and Telegraphs,Public Service andSupplies.

Non-members attending cabinet

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Non-members have no voting rights at cabinet but may otherwise participate fully, and normally receive circulated cabinet papers on the same basis as a full member of government. Votes are rare, however, with the cabinet usually following the Taoiseach or working by consensus.

The government is advised by theAttorney General, who is not a member of the government, but who participates in cabinet meetings as part of their role as legal advisor to the government.

TheChief Whip may attend meetings of the cabinet, but is not a member of the government.[12] In addition, the government can select otherMinisters of State who may attend cabinet meetings. Up to three Ministers of State who regularly attend cabinet meetings may receive an allowance.[13][14] This person is informally known as a "super junior minister".[12] Ministers of state attending cabinet in the 35th government areMary Butler,Hildegarde Naughton,Noel Grealish, andSeán Canney.Trinity College Dublin law professor Oran Doyle has argued that this practice breachescabinet confidentiality as required by the Constitution.[15] In January 2025, opposition TDsPa Daly andPaul Murphy challenged the attendance of ministers of state at cabinet.[16][17]

Term of office

[edit]

A new government is formed by the taoiseach appointed after each general election after receiving thenomination of the Dáil. All members of the government are deemed to have resigned on the resignation of the taoiseach. Therefore, a new government is appointed where there is a new taoiseach within a single Dáil term. The Constitution allows a Dáil term of no more than seven years, but a shorter period may be specified by law; this has been set as a maximum of five years. The taoiseach may at any time advise the president todissolve the Dáil, prompting a new general election.[18]

The taoiseach must retain the confidence of Dáil Éireann to remain in office. If the taoiseach ceases "to retain the support of a majority in Dáil Éireann", the taoiseach must resign unless they seek a dissolution of the Dáil which is granted by the president. This applies only in cases of amotion of no confidence or loss of supply (rejection of a budget), rather than the defeat of the government in other legislation or Dáil votes. The president retains absolute discretion to refuse to grant a dissolution to a taoiseach who has lost the confidence of the Dáil.[19] To date, no President has refused the request of a Taoiseach to dissolve the Dáil.

The taoiseach can direct the president todismiss or accept the resignation of individual ministers. When the taoiseach resigns, the entire government is deemed to have resigned as a collective. However, in such a scenario, according to the Constitution, "the Taoiseach and the other members of the government shall continue to carry on their duties until their successors shall have been appointed".

On the dissolution of Dáil Éireann, ministers who were TDs cease to be members of the Oireachtas. However, the Constitution also provides that "the members of the Government in the office at the date of a dissolution of Dáil Éireann shall continue to hold office until their successors shall have been appointed".[20]

Caretaker Government

[edit]

Where the resignation of the taoiseach and government is not immediately followed by the appointment by the president of a new taoiseach on the nomination of the Dáil, the outgoing government continues as acaretaker government to "carry out their duties until their successors have been appointed". This has happened when no candidate was nominated for taoiseach when the Dáil first assembled after a general election, or, on one occasion, where a taoiseach had lost the confidence of the Dáil, but there was not a dissolution of the Dáil followed by a general election.

Date of resignationTaoiseachCaretaker governmentDate of new governmentTaoiseachIncoming government
26 June 1989[21]Charles HaugheyFianna Fáil12 July 1989[22]Charles HaugheyFianna Fáil–Progressive Democrats
14 December 1992[23]Albert ReynoldsFianna Fáil12 January 1993[24]Albert ReynoldsFianna Fáil–Labour
18 November 1994[25]Albert ReynoldsFianna Fáil15 December 1994[26]John BrutonFine Gael–Labour–Democratic Left
10 March 2016[27]Enda KennyFine Gael–Labour6 May 2016[28]Enda KennyFine Gael–Independent
20 February 2020[29]Leo VaradkarFine Gael–Independent27 June 2020[30]Micheál MartinFianna Fáil–Fine Gael–Green Party

Authority and powers

[edit]

The government of Ireland is both thede jure andde facto executive authority in Ireland. This is in contrast to some other parliamentary regimes, where the head of state is the nominal chief executive, though bound by convention to act on the advice of the cabinet. In Ireland, however, the Constitution explicitly vests executive authority in the government, not the president.

The executive authority of the government is subject to certain limitations. In particular:

  • The state may notdeclare war, or participate in a war, without the consent of the Dáil. In the case of "actual invasion", however, "the Government may take whatever steps they may consider necessary for the protection of the State".

Government ministers are collectively responsible for the actions of the government. Each minister is responsible for the actions of his or her department. Departments of State do not have legal personalities. Actions of departments are carried out under the title of ministers even, as is commonly the case when the minister has little knowledge of the details of these actions. This contradicts the rule incommon law that a person given a statutory power cannot delegate that power.[31] This leads to a phrase in correspondence by government departments, "the Minister has directed me to write", on letters or documents that the minister in question may never have seen.

If the government, or any member of the government, should fail to fulfil its constitutional duties, it may be ordered to do so by a court of law, by a writ ofmandamus. Ministers who fail to comply may, ultimately, be found to be incontempt of court, and even imprisoned.

History

[edit]

Prior to independence, the executive of theunilaterally declaredIrish Republic was theMinistry of Dáil Éireann. This was in operation from 1919 to 1922. After the approval of theAnglo-Irish Treaty in January 1922, aProvisional Government of Ireland was established as the executive. The personnel of the Provisional Government overlapped with the Ministry of Dáil Éireann, but they were not identical. On the independence of theIrish Free State on 6 December 1922, both executives were succeeded by theExecutive Council of the Irish Free State. On 29 December 1937, on the coming into force of the Constitution of Ireland, the Eighth Executive Council of the Irish Free State became theFirst Government of Ireland.

The detail and structure of the Government of Ireland has its legislative basis in the Ministers and Secretaries Act 1924; it has been amended on a number of occasions, and these may be cited together as theMinisters and Secretaries Acts 1924 to 2020 and are construed together as one Act.

All governments from 1989 to 2016 werecoalitions of two or more parties. The first coalition government was formed in 1948. The Taoiseach has almost always been the leader of the largest party in the coalition, with the exceptions ofJohn A. Costello, Taoiseach from 1948 to 1951 and from 1954 to 1957 (a member ofFine Gael but not the party leader) andLeo Varadkar, from 2022 to 2024, andSimon Harris, from 2024 to 2025 (leaders of Fine Gael, in a three-party coalition where Fianna Fáil was the largest party).

Public service

[edit]
Main article:Public service of the Republic of Ireland
Government Buildings in Dublin.

The public service in Ireland refers to the totality ofpublic administration in Ireland. As of Q4, 2024 the total number of employees in the Irish public service stands at 408,895 people. TheDepartment of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation defines the public service as comprising seven sectors: thecivil service,defence sector,education sector,health sector,justice sector,local authorities andnon-commercial state agencies (such asBord Bia,IDA Ireland and theCommission for Regulation of Utilities). Commercialstate-owned bodies such asRTÉ,ESB Group andAn Post are not part of the public service in Ireland.

The largest sector is the health sector with over 148,265 employees (largely in theHealth Service Executive), followed by the education sector with approximately 134,556.[32]

Public service employees

[edit]
SectorEmployees
Civil Service52,793
Defence Sector7,903
Education Sector134,556
Health Sector148,265
Justice Sector14,080
Local Authorities32,372
NCSA18,922
Total408,895

Largest single public sector bodies by employees

[edit]
Agency/BodyEmployees
Health Service Executive89,284
Garda Síochána14,080
Irish Defence Forces7,903
Revenue Commissioners6,622
Dublin City Council6,094
Irish Prison Service3,547

Civil service

[edit]
Main article:Civil service of the Republic of Ireland

The civil service of Ireland consists of two broad components, theCivil Service of the Government and theCivil Service of the State. While this partition is largely theoretical, the two parts do have some fundamental operational differences. The civil service is expected to maintain political impartiality in its work, and some parts of it are entirely independent of government decision-making.

Current government of Ireland

[edit]
Main article:35th government of Ireland

Micheál Martin was nominated as Taoiseach byDáil Éireann on 23 January 2025 and appointed by thepresident. Martin nominated the government members, and after their approval by the Dáil, they were appointed by the president.

Government ministers
OfficeNameParty
Micheál Martin TD (cropped).jpg
TaoiseachMicheál MartinFianna Fáil
Simon Harris at the Special European Council - 2024 (cropped).jpg
Tánaiste
Minister for Finance
Simon HarrisFine Gael
Peter_Burke%2C_2_May_2024_%28cropped%29.jpg
Minister for Enterprise, Tourism and EmploymentPeter Burke
Jennifer_Carroll_MacNeill%2C_17_December_2024_%28cropped%29.jpg
Minister for HealthJennifer Carroll Macneill
Helen_McEntee_in_2018.jpg
Minister for Foreign Affairs and Trade
Minister for Defence
Helen McEntee
Jack Chambers, 15 July 2024 (cropped).jpg
Minister for Public Expenditure, Infrastructure,
Public Service Reform and Digitalisation
Jack ChambersFianna Fáil
Darragh O'Brien, December 2023 (cropped).jpg
Minister for Climate, Energy and the Environment
Minister for Transport
Darragh O'Brien
James_Browne%2C_June_2023_%28cropped%29.jpg
Minister for Housing, Local Government and HeritageJames Browne
Martin_Heydon%2C_Dec_2024_%2854186959926%29_%28cropped%29.jpg
Minister for Agriculture, Food and the MarineMartin HeydonFine Gael
Patrick O'Donovan 2020.jpg
Minister for Culture, Communications and SportPatrick O'Donovan
James_Lawless%2C_Dec_2024_%28cropped%29.jpg
Minister for Further and Higher Education, Research,
Innovation and Science
James LawlessFianna Fáil
Dara_Calleary%2C_Dec_2024_%2854186811634%29_%28cropped%29.jpg
Minister for Social Protection
Minister for Rural and Community Development and the Gaeltacht
Dara Calleary
Norma_Foley%2C_April_2024_%28cropped%29.jpg
Minister for Children, Disability and EqualityNorma Foley
Jim_O%27Callaghan%2C_Dec_2024_%2854181592993%29_%28cropped%29.jpg
Minister for Justice, Home Affairs and MigrationJim O'Callaghan
Hildegarde_Naughton_2024_%28cropped%29.jpg
Minister for Education and YouthHildegarde NaughtonFine Gael
Also attending cabinet
Mary_Butler%2C_Dec_2024_%2854186529846%29_%28cropped%29.jpg
Government Chief Whip
Minister of State at the Department of Health
Mary ButlerFianna Fáil
Newly_Elected_Deputy_Noel_Grealish_2024_%28cropped%29.jpg
Minister of State at the Department of Agriculture,
Food, Fisheries and the Marine
Noel GrealishIndependent
Sean_Canney%2C_Dec_2024_-_%2854182976050_%29_%28cropped%29.jpg
Minister of State at the Department of TransportSeán Canney

See also

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References

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  1. ^"Constitution of Ireland, Article 13.1.1°". Irish Statute Book. 29 December 1937. Retrieved11 January 2023.The President shall, on the nomination of Dáil Éireann, appoint the Taoiseach, that is, the head of the Government or Prime Minister.
  2. ^"Departments". Government of Ireland. 19 December 2022. Retrieved12 January 2023.
  3. ^"Budget 2025". Citizens Information. 19 November 2024. Retrieved28 January 2025.The Budget sets out an overall package of €10.5 billion. This is made up of a package of once-off measures worth €2 billion, total expenditure of €6.9 billion and additional capital expenditure of €1.6 billion and permanent tax changes of 1.4 billion for 2025.
  4. ^Martin, Micheál (23 January 2025)."Speech by Taoiseach Micheál Martin on announcement of Members of Government".Government of Ireland (gov.ie). Retrieved24 January 2025.
  5. ^Ministers and Secretaries Act, s. 2: Ministers to be corporations sole and to have certain powers (No. 16 of 1924, s. 2). Act of theOireachtas. Retrieved fromIrish Statute Book.
  6. ^Constitution of Ireland,Article 28.1
  7. ^Constitution of Ireland,Article 28.2.2.
  8. ^Constitution of Ireland,Article 28.2.1.
  9. ^abO'Toole, John; Dooney, Sean (24 July 2009).Irish Government Today. Gill & Macmillan Ltd. p. 9.ISBN 9780717145522.
  10. ^"Ministers and Secretaries (Amendment) (No. 2) Act 1977 (Section 4 – Amendment of Interpretation Act 1937)". Attorney General of Ireland. 1977. Retrieved29 June 2020.
  11. ^"Ministers and Secretaries (Amendment) Act 1939 (Section 4 – Minister without portfolio)". Attorney General of Ireland. 1939. Retrieved22 January 2011.
  12. ^ab"The Appointments".The Irish Times. 11 March 2011.
  13. ^"Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001, Section 40: Amendment of the 1998 Act – insertion of section 3A (allowances payable to certain Ministers of State)".Irish Statute Book. 16 July 2001. Retrieved21 August 2020.
  14. ^"Ministers and Secretaries and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 2020, Section 2: Amendment of section 3A of Oireachtas (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 1998".Irish Statute Book. 2 August 2020. Retrieved21 August 2020.
  15. ^Doyle, Oran (2018).The Constitution of Ireland: A contextual analysis. Hart Publishing. pp. 53–54.ISBN 9781509903436.
  16. ^O'Donnell, Orla (29 January 2025)."Sinn Féin TD given High Court permission to take case over Cabinet attendance".RTÉ News.
  17. ^Carolan, Mary (5 February 2025)."TD Paul Murphy seeks court injunction restraining super-junior ministers from attending Cabinet meetings".The Irish Times.
  18. ^Constitution of Ireland,Article 28.10.
  19. ^Constitution of Ireland,Article 13.2.2°.
  20. ^Constitution of Ireland,Article 28.11.
  21. ^"Statement by Taoiseach – Dáil Éireann (26th Dáil) – Thursday, 29 June 1989".Houses of the Oireachtas. 29 June 1989. Retrieved16 February 2020.
  22. ^"Appointment of Taoiseach and Nomination of Members of Government – Dáil Éireann (26th Dáil) – Wednesday, 12 July 1989".Houses of the Oireachtas. 12 July 1989. Retrieved10 August 2019.
  23. ^"Resignation of Taoiseach – Dáil Éireann (27th Dáil) – Tuesday, 15 December 1992".Houses of the Oireachtas. 15 December 1992. Retrieved15 August 2019.
  24. ^"Appointment of Taoiseach and Nomination of Members of the Government – Dáil Éireann (27th Dáil) – Tuesday, 12 January 1993".Houses of the Oireachtas. 12 January 1993. Retrieved18 January 2020.
  25. ^"Resignation of Taoiseach and Ministerial Changes: Statement – Dáil Éireann (27th Dáil) – Tuesday, 22 November 1994".Houses of the Oireachtas. 22 November 1994. Retrieved15 August 2019.
  26. ^"Appointment of Taoiseach and Nomination of Members of the Government – Dáil Éireann (27th Dáil) – Thursday, 15 December 1994".Houses of the Oireachtas. 15 December 1994. Retrieved13 January 2020.
  27. ^"Resignation of Taoiseach – Dáil Éireann (32nd Dáil) – Tuesday, 22 March 2016". Houses of the Oireachtas. 22 March 2016. Retrieved14 January 2020.
  28. ^"Appointment of Taoiseach and Nomination of Members of the Government (Motion) – Dáil Éireann (32nd Dáil) – Friday, 6 May 2016".Houses of the Oireachtas. 6 May 2016. Retrieved14 January 2020.
  29. ^"Nomination of Taoiseach – Dáil Éireann (33rd Dáil) – Thursday, 20 February 2020".Houses of the Oireachtas. 20 February 2020. Retrieved28 February 2020.
  30. ^Hosford, Paul (27 June 2020)."New government to decide on Cabinet positions".Irish Examiner. Retrieved27 June 2020.McEnroe, Juno (27 June 2020)."33rd Dáil elects Micheál Martin as new Taoiseach".Irish Examiner. Retrieved27 June 2020.
  31. ^Devanney v. Shields [1997] IEHC 167, [1998] 1 I.R. 230; [1998] 1 I.L.R.M. 81 (31 October 1997),High Court (Ireland)
  32. ^"Department of Public Expenditure & Reform – Databank – Public Service Numbers".Department of Public Expenditure & Reform. Retrieved8 January 2017.

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