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Dáil Éireann has been dissolved and the General election is taking place on 29 November 2024. With the general election just weeks away, the dissolution of the 33rd Dáil Éireann has raised questions about the impact of dissolution on legislation. This article explores the following questions:
The Government
The first point to consider is that while Dáil Éireann is dissolved the Government is not. Article 28.11.1 of the Constitution states that the incumbent Taoiseach and Ministers remain in office as a caretaker Government until a successor is appointed. The outgoing Government will remain in office as a caretaker Government from the day Dáil Éireann is dissolved until the day a new Government is sworn in. This principle is designed to ensure that the country is never without an executive.
Secondary Legislation
Therefore, a caretaker Government can enact Secondary Legislation in the form of Statutory Instruments during the dissolution of Dáil Éireann. In 2020, the 32nd Dáil Éireann was dissolved on 14 January and the general election took place on 8 February. Several Statutory Instruments were signed into law during this dissolution e.g. Landlord and Tenant (Ground Rents) (Amendment) Act 2019 (Commencement) Order 2020 (signed on 16 January 2020); Microenterprise Loan Fund Scheme (Amendment) Regulations 2020 (signed on 13 March 2020).
Primary Legislation and Bills
While Dáil Éireann is in dissolution new legislation cannot be brought forward. All Bills that did not complete the legislative process in the Houses of the Oireachtas are deemed to have lapsed. Bills that have lapsed may be reinstated when the new Government is formed. A resolution must be passed in Dáil Éireann for each Bill to restore it to the Order Paper. The Standing Orders of Dáil Éireann are the rules which govern the work of Dáil Éireann. Standing Order No. 198 (2) deals with the restoration of lapsed Bills to the Order Paper. The Order Paper sets out the business before Dáil Éireann each sitting day. Following the 2020 general election, nine Government Bills were restored to the Order Paper following the approval of a resolution in Dáil Éireann on 28 July 2020. Bills that are restored to the Order Paper commence at the stage they had reached before the dissolution.
The Legislation Programme and the new Government
The restoration of lapsed Bills to the Order Paper only deals with Bills that have already been published and started the legislative process in the Houses of the Oireachtas. It does not deal with the Bills listed on the current Government's Legislation Programme that have not been published. When the new Government is formed, they will publish an updated Legislation Programme. We can expect to see many of the same Bills listed on the updated Programme that were promised by the outgoing Government e.g. the Finance (Tax Appeals and Fiscal Responsibility) Bill, the Marine Protected Areas Bill, the Remediation of Defects in Apartments and Duplexes Bill to name a few.
When will Dáil Éireann sit again?
The 34th Dáil Éireann will convene for the first time on 18 December 2024. Items on the Order of Business will include the election of the Ceann Comhairle (Chairperson) and the election of the Taoiseach. However, depending on the composition of the 34th Dáil Éireann, following the results of the general election, the election of the new Taoiseach may not be possible on at this first meeting of the 34th Dáil Éireann.
Casting our minds back to 2020, the Covid-19 pandemic reached Ireland in late February 2020, with the first confirmed case reported on 29 February. As the virus spread rapidly, the Government imposed the country’s first nationwide lockdown on 27 March. This public health crisis coincided with the aftermath of the general election, held on 8 February. The pandemic quickly became the most urgent priority for the new Government, reshaping the legislative and policy landscape. While the members of the 33rd Dáil Éireann met on 20 February, the new Government was not formed until 27 June. On 20 February 2020, the Ceann Comhairle Seán Ó Fearghaíl (Fianna Fáil) was elected, and Leo Varadkar (Fine Gael) formally resigned as Taoiseach but remained in office as a caretaker Taoiseach until a new Government was formed. This caretaker Government introduced emergency legislation to deal with Covid situation. This period highlights the vital role of the legislature in managing national emergencies as administrative changes are in progress. On 27 June 2020, a Coalition Government was formed between Fianna Fáil, Fine Gael, and the Green Party and Micheál Martin (Fianna Fáil) was elected as Taoiseach. This was 140 days after the general election, in 2016 it took 63 days to form a Government following the general election. It is therefore impossible to predict when a new Government will be formed and the Houses of the Oireachtas legislative process will be fully reinstated.
Seanad Éireann
As Ireland has a bicameral parliament, we must not forget Seanad Éireann, the Upper House. Seanad Éireann is not dissolved with the dissolution of Dáil Éireann. Members of Seanad Éireann hold office until the day before the polling day for the panels for the new Seanad Éireann however Seanad Éireann does not tend sit in plenary session during the dissolution of Dáil Éireann. Article 18.8 of the Constitution requires that an election for Seanad Éireann must take place not later than 90 days after a dissolution of Dáil Éireann. The Minister for Housing, Local Government and Heritage will make Orders appointing the dates and times for the forthcoming general election of Members to Seanad Éireann.
To conclude, the dissolution of Dáil Éireann disrupts the legislative process however general elections are integral to the democratic process.
