Expecting too much of the President

I WAS interested in the recent letter by your correspondents entitled “Higgins will discover new freedom”.

In the event of Michael D Higgins being elected President of Ireland in the forthcoming election, I wonder if the letter writers are expecting too much of him.

The President (whoever that may be) will have to perform his/her duties in accordance with the Constitution and with law. The President will not be able to interfere directly in any way with either of the important issues mentioned in the letter.

The President may indeed appoint up to seven members to the Council of State, but he/she may legally decide to make no appointment. I would be surprised if the President did not make appointments, but even more surprised if he/she appointed all seven from a particular group.

The function of members of the Council of State is to advise the President, not to “lay the reality in front of” other members of the Council. The seven members, were they from a particular group, would be in a minority alongside five former holders of the office of Taoiseach and two former holders of the office of President. Not to mention the present Taoiseach, Tánaiste, Chief Justice, President of the High Court, Chairman of the Dáil, Chairman of the Seanad and the Attorney General.

The President cannot interfere in any way with existing legislation. He/she must, however, sign each new piece of legislation passed by the Dáil and Seanad before it can become law.

The President has, at that stage (before signing) the power to pass any piece of legislation to the Supreme Court to test its constitutionality, having first consulted with the Council of State. The President may ignore the advice of the Council of State on this matter.

Existing legislation (those laws already signed by the President, but still potentially unconstitutional) can be struck down by the Supreme Court on appeal from the High Court. The President has no function in bringing before the High Court any existing law about which constitutional doubts have been raised.

However, any citizen affected by such legislation has such a right.

Pat Smiddy

Ballymacoda

Co Cork