Explainer: What are the powers — and limits — of the President?
President Michael D Higgins described the housing situation in Ireland as a 'disaster'.
President Michael D Higgins has hit out at the Government’s Consultative Forum on International Security which will explore Ireland’s neutrality.
President Higgins has said that Ireland is "playing with fire" during a dangerous period of "drift" in foreign policy.
He has also warned about moving away from Ireland's traditional policy of "positive neutrality".
His comments come ahead of the Government's Consultative Forum on International Security, which meets this week to discuss neutrality and other issues.
In an interview with the , President Higgins highlighted the composition of the panels at the forum saying they include " the admirals, the generals, the air force, the rest of it" as well as "the formerly neutral countries who are now joining NATO."
Constitutional law experts who spoke to the said it generally would not be the case for the President to be speaking so critically of the Government in this regard.
So, what exactly is the President’s remit? What are the limits of his powers? And why are his comments significant? Let’s take a look.
The President of Ireland performs mainly ceremonial duties but there are some elements where they have absolute discretion, as prescribed in the Constitution.
Once a bill passes all stages of the Oireachtas, the President will sign that bill into law.
They can refer a bill to the Supreme Court if they believe it may be unconstitutional and can refuse to dissolve the Dáil when requested to do so by the Taoiseach.
They also formally appoint a Taoiseach once a Government has been formed, and also sign off on appointments for judges, the Attorney General and similar positions.
Within the constitution, it allows for the President to communicate in an address to the nation or address the Houses of Oireachtas on “any matter of national or public importance”. However, the Constitution says “every such message or address must, however, have received the approval of the Government”.
So that limits the President from speaking in some contexts unless permitted to do so by the Government.
However, experts have pointed to the long-sitting precedent whereby the President wouldn’t publicly criticise the Government given the role they occupy.
David Kenny, associate professor of law at Trinity College Dublin, said President Higgins’ remarks on housing last year was one of the most significant interventions from a sitting president and "it's generally considered that the President wouldn’t weigh in on matters of active political controversy or be seen to criticise Government policy and performance”.
Dr Kenny said that the functions of the president requires a “very significant degree of political independence in their exercise” given they sign off on bills, and publicly weighing in on political matters could be seen to compromise this position.
Dr Seán Ó Conaill, law lecturer at UCC, meanwhile said that Mr Higgins’ predecessors such as Mary Robinson and Mary McAleese were adept at getting their points across in ways that “didn’t overstep the mark”.
While the President’s remarks this week didn’t strictly break any rules, experts say, it may represent an “overstepping of the mark” and breaking with precedent.
