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The Oireachtas of the Irish Free State ( ga, Oireachtas Shaorstát Éireann) was the legislature of the
Irish Free State
The Irish Free State ( ga, Saorstát Éireann, , ; 6 December 192229 December 1937) was a state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-year Irish War of Independence between ...
from 1922 until 1937. It was established by the 1922 Constitution of Ireland which was based from the Anglo-Irish Treaty
The 1921 Anglo-Irish Treaty ( ga , An Conradh Angla-Éireannach), commonly known in Ireland as The Treaty and officially the Articles of Agreement for a Treaty Between Great Britain and Ireland, was an agreement between the government of the ...
. It was the first independent Irish Parliament officially recognised outside Ireland since the historic Parliament of Ireland
The Parliament of Ireland ( ga, Parlaimint na hÉireann) was the legislature of the Lordship of Ireland, and later the Kingdom of Ireland, from 1297 until 1800. It was modelled on the Parliament of England and from 1537 comprised two ch ...
which was abolished with the Acts of Union 1800
The Acts of Union 1800 (sometimes incorrectly referred to as a single 'Act of Union 1801') were parallel acts of the Parliament of Great Britain and the Parliament of Ireland which united the Kingdom of Great Britain and the Kingdom of Ir ...
.
The Parliament was bicameral
Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single gr ...
, consisting of Dáil Éireann
Dáil Éireann ( , ; ) is the lower house, and principal chamber, of the Oireachtas (Irish legislature), which also includes the President of Ireland and Seanad Éireann (the upper house).Article 15.1.2º of the Constitution of Ireland rea ...
(the lower house, also known as the Dáil) with 153 seats and Seanad Éireann
Seanad Éireann (, ; "Senate of Ireland") is the upper house of the Oireachtas (the Irish legislature), which also comprises the President of Ireland and Dáil Éireann (the lower house).
It is commonly called the Seanad or Senate and its memb ...
(the upper house; also known as the Seanad) with 60 seats). The Seanad was abolished on 29 May 1936, and from then until its abolition the Oireachtas was unicameral
Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one.
Unicameral legislatures exist when there is no widely perceived need for multi ...
. The King
King is the title given to a male monarch in a variety of contexts. The female equivalent is queen regnant, queen, which title is also given to the queen consort, consort of a king.
*In the context of prehistory, antiquity and contempora ...
, who was officially represented by the Governor-General
Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy t ...
, was also a constituent part of the Oireachtas. The Oireachtas of the Irish Free State was disbanded by the 1937 Constitution of Ireland which created the modern Oireachtas
The Oireachtas (, ), sometimes referred to as Oireachtas Éireann, is the bicameral parliament of Ireland. The Oireachtas consists of:
*The President of Ireland
*The two houses of the Oireachtas ( ga, Tithe an Oireachtais):
** Dáil Éireann ...
.
Like the modern Oireachtas, the Free State legislature was dominated by the directly elected Dáil. Unlike the modern body, the Free State Oireachtas had authority to amend the constitution as it saw fit, without recourse to a referendum. During the Free State it was also the Oireachtas as a whole, rather than the Dáil, that had authority to commit the state to war, although this distinction was not significant in practice.
History
The earliest parliament in Ireland was theParliament of Ireland
The Parliament of Ireland ( ga, Parlaimint na hÉireann) was the legislature of the Lordship of Ireland, and later the Kingdom of Ireland, from 1297 until 1800. It was modelled on the Parliament of England and from 1537 comprised two ch ...
, which was founded in the thirteenth century as the supreme legislative body of the lordship of Ireland and was in existence until 1801. This parliament governed the English-dominated part of Ireland, which at first was limited to Dublin and surrounding cities, but later grew to include the entire island. But the Parliament of Ireland was, from the passage of Poynings' Law (1494) until its repeal in 1782, subordinate to the Parliament of England
The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the great council of bishops and peers that advise ...
, and later Parliament of Great Britain
The Parliament of Great Britain was formed in May 1707 following the ratification of the Acts of Union by both the Parliament of England and the Parliament of Scotland. The Acts ratified the treaty of Union which created a new unified Kingdo ...
. This Parliament consisted of the King of Ireland
King is the title given to a male monarch in a variety of contexts. The female equivalent is queen, which title is also given to the consort of a king.
*In the context of prehistory, antiquity and contemporary indigenous peoples, the ti ...
, who was the same person as the King of England
The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the constitutional form of government by which a hereditary sovereign reigns as the head of state of the United Kingdom, the Crown Dependencies (the Baili ...
, a House of the Lords and a House of Commons
The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. T ...
. Under the Act of Union 1800
The Acts of Union 1800 (sometimes incorrectly referred to as a single 'Act of Union 1801') were parallel acts of the Parliament of Great Britain and the Parliament of Ireland which united the Kingdom of Great Britain and the Kingdom of Irela ...
the separate Kingdoms of Ireland
Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...
and Great Britain
Great Britain is an island in the North Atlantic Ocean off the northwest coast of continental Europe. With an area of , it is the largest of the British Isles, the largest European island and the ninth-largest island in the world. It ...
were merged on 1 January 1801, to form the United Kingdom of Great Britain and Ireland
The United Kingdom of Great Britain and Ireland was a sovereign state in the British Isles that existed between 1801 and 1922, when it included all of Ireland. It was established by the Acts of Union 1800, which merged the Kingdom of Grea ...
and the Parliament of the United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprem ...
. Throughout the 19th century Irish opposition to the Union was strong, occasionally erupting in violent insurrection.
The next legislature to exist in Ireland only came into being in 1919. This was an extra-legal, unicameral
Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one.
Unicameral legislatures exist when there is no widely perceived need for multi ...
parliament established by Irish republicans
Irish republicanism ( ga, poblachtánachas Éireannach) is the political movement for the unity and independence of Ireland under a republic. Irish republicans view British rule in any part of Ireland as inherently illegitimate.
The developm ...
, known simply as Dáil Éireann
Dáil Éireann ( , ; ) is the lower house, and principal chamber, of the Oireachtas (Irish legislature), which also includes the President of Ireland and Seanad Éireann (the upper house).Article 15.1.2º of the Constitution of Ireland rea ...
and thus existed outside of British law. The Dáil was notionally a legislature for the whole island of Ireland. The First Dáil
The First Dáil ( ga, An Chéad Dáil) was Dáil Éireann as it convened from 1919 to 1921. It was the first meeting of the unicameral parliament of the revolutionary Irish Republic. In the December 1918 election to the Parliament of the United ...
and the Second Dáil
The Second Dáil () was Dáil Éireann as it convened from 16 August 1921 until 8 June 1922. From 1919 to 1922, Dáil Éireann was the revolutionary parliament of the self-proclaimed Irish Republic. The Second Dáil consisted of members elect ...
did not therefore have any recognised legal authority outside Ireland
Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...
. The Third Dáil
The Third Dáil was elected at the general election held on 16 June 1922. This election was required to be held under the Anglo-Irish Treaty signed on 6 December 1921. It first met on 9 September and until 6 December 1922, it was the Provision ...
was elected under the terms of the Anglo-Irish Treaty
The 1921 Anglo-Irish Treaty ( ga , An Conradh Angla-Éireannach), commonly known in Ireland as The Treaty and officially the Articles of Agreement for a Treaty Between Great Britain and Ireland, was an agreement between the government of the ...
as a constituent assembly to approve the Constitution of the Irish Free State
The Constitution of the Irish Free State ( ga, Bunreacht Shaorstát Eireann) was adopted by Act of Dáil Éireann sitting as a constituent assembly on 25 October 1922. In accordance with Article 83 of the Constitution,Fourth Dáil, which was elected in 1923.
In 1920, in parallel to the extra-legal Dáil, the
British Government
ga, Rialtas a Shoilse gd, Riaghaltas a Mhòrachd
, image = HM Government logo.svg
, image_size = 220px
, image2 = Royal Coat of Arms of the United Kingdom (HM Government).svg
, image_size2 = 180px
, caption = Royal Arms
, date_est ...
created the Parliament of Southern Ireland
The Parliament of Southern Ireland was a Home Rule legislature established by the British Government during the Irish War of Independence under the Government of Ireland Act 1920. It was designed to legislate for Southern Ireland,"Order in Coun ...
, a Home Rule
Home rule is government of a colony, dependent country, or region by its own citizens. It is thus the power of a part (administrative division) of a state or an external dependent country to exercise such of the state's powers of governance wit ...
legislature during the Irish War of Independence
The Irish War of Independence () or Anglo-Irish War was a guerrilla war fought in Ireland from 1919 to 1921 between the Irish Republican Army (IRA, the army of the Irish Republic) and British forces: the British Army, along with the quasi-mil ...
under the Fourth Home Rule Bill. It was designed to legislate for Southern Ireland
Southern Ireland, South Ireland or South of Ireland may refer to:
*The southern part of the island of Ireland
*Southern Ireland (1921–1922), a former constituent part of the United Kingdom
*Republic of Ireland, which is sometimes referred to as ...
,Statutory Rules & Orders published by authority, 1921 (No. 533). Additional source for 3 May 1921 date: ; Southern Ireland did not become a state. Its constitutional roots remained the Acts of Union 1800
The Acts of Union 1800 (sometimes incorrectly referred to as a single 'Act of Union 1801') were parallel acts of the Parliament of Great Britain and the Parliament of Ireland which united the Kingdom of Great Britain and the Kingdom of Ir ...
, two complementary Acts, one passed by the Parliament of Great Britain
The Parliament of Great Britain was formed in May 1707 following the ratification of the Acts of Union by both the Parliament of England and the Parliament of Scotland. The Acts ratified the treaty of Union which created a new unified Kingdo ...
, the other by the Parliament of Ireland
The Parliament of Ireland ( ga, Parlaimint na hÉireann) was the legislature of the Lordship of Ireland, and later the Kingdom of Ireland, from 1297 until 1800. It was modelled on the Parliament of England and from 1537 comprised two ch ...
. a political entity which was created by the British Government to solve the issue of rising Irish nationalism
Irish nationalism is a nationalist political movement which, in its broadest sense, asserts that the people of Ireland should govern Ireland as a sovereign state. Since the mid-19th century, Irish nationalism has largely taken the form of cu ...
and the issue of partitionism
In Ireland, partitionism () refers to views on Irish politics, culture, geography, or history that treat Northern Ireland and the Republic of Ireland as distinct. Partitionists may emphasise the perceived differences between the two jurisdictio ...
, whilst retaining Ireland as part of the United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
. It was made up of the King, the House of Commons of Southern Ireland and the Senate of Southern Ireland. The Parliament of Southern Ireland was formally abolished in 1922 by the Irish Free State (Agreement) Act 1922
The Irish Free State (Agreement) Act 1922 (12 & 13 Geo. 5 c. 4) was an Act of the British Parliament passed on 31 March 1922. It gave the force of law to the Anglo-Irish Treaty, which was scheduled to the Act.
Main provisions
Section 1(1) of th ...
, as per the Anglo-Irish Treaty
The 1921 Anglo-Irish Treaty ( ga , An Conradh Angla-Éireannach), commonly known in Ireland as The Treaty and officially the Articles of Agreement for a Treaty Between Great Britain and Ireland, was an agreement between the government of the ...
which was the basis of the Constitution of the Irish Free State
The Constitution of the Irish Free State ( ga, Bunreacht Shaorstát Eireann) was adopted by Act of Dáil Éireann sitting as a constituent assembly on 25 October 1922. In accordance with Article 83 of the Constitution,Text of Anglo Irish Treaty (New York Times)
Dáil Éireann from 1922 to 1936 served as the directly elected
The Constitution of the Irish Free State provided that the President of the Executive Council would be appointed by the King "on the nomination of" the Dáil and that the Executive Council as a whole had to resign ''en bloc'' if it lost the confidence of the lower house. In practice these provision meant that the President was chosen by the Dáil, which could bring down his cabinet by a
The King was the same individual who held the position of 
The King was represented in the Irish Free State by the
Oireachtas: Members of the OireachtasBruce-Andrew Finch, Birthpangs of a new nation: Thomas Westropp Bennett and the Irish Free State
{{coord, 53, 20, 30, N, 6, 15, 17, W, source:kolossus-plwiki, display=title Government in the Irish Free State Historical Irish legislatures 1922 establishments in Ireland 1937 disestablishments in Ireland Defunct bicameral legislatures
Powers
Under the constitution the Oireachtas had exclusive authority to: * Legislate, including approving the budget. * Create subordinate legislatures. * Amend theConstitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
.
* Permit the state to participate in a war.
* Raise and control armed forces
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
.
There were however also a number of limitations to the Oireachtas power:
* Laws or constitutional amendments were invalid if they violated the Anglo-Irish Treaty.
* It could not retrospectively criminalise acts that were not illegal at the time they were committed.
* Until the 1931 Statute of Westminster, the British Parliament
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy ...
retained the power, in theory, to legislate for the Irish Free State without its consent.
* The Oireachtas could only legislate for the Irish Free State (defined as the area which had previously been known as Southern Ireland
Southern Ireland, South Ireland or South of Ireland may refer to:
*The southern part of the island of Ireland
*Southern Ireland (1921–1922), a former constituent part of the United Kingdom
*Republic of Ireland, which is sometimes referred to as ...
), and not for Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
.
1936–1937
A series of constitutional amendments in 1936 substantially altered the functioning of the Oireachtas: * The King ceased to be a part of the Oireachtas, and the responsibility for signing bills into law became a formality exercised by theCeann Comhairle
The (; "Head of heCouncil"; plural usually ) is the chairperson (or speaker) of , the lower house of the (parliament) of Ireland. The person who holds the position is elected by members of the from among their number in the first session a ...
.
* The Seanad was abolished so the Irish Free State Oireachtas consisted solely of the Dáil.
* The original oath was abolished.
* The requirement for laws and constitutional amendments to comply with the Anglo-Irish Treaty was removed.
* The power to dissolve the legislature was exercised by the Ceann Comhairle when instructed to do so by the President of the Executive Council.
Dáil Éireann
Dáil Éireann from 1922 to 1936 served as the directly elected lower house
A lower house is one of two Debate chamber, chambers of a Bicameralism, bicameral legislature, the other chamber being the upper house. Despite its official position "below" the upper house, in many legislatures worldwide, the lower house has co ...
of the Oireachtas of the Irish Free State
The Irish Free State ( ga, Saorstát Éireann, , ; 6 December 192229 December 1937) was a state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-year Irish War of Independence between ...
, and from 1936 to 1937 the sole chamber. The Constitution of the Irish Free State
The Constitution of the Irish Free State ( ga, Bunreacht Shaorstát Eireann) was adopted by Act of Dáil Éireann sitting as a constituent assembly on 25 October 1922. In accordance with Article 83 of the Constitution,Chamber of Deputies
The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures.
Description
Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon R ...
". It sat in Leinster House
Leinster House ( ga, Teach Laighean) is the seat of the Oireachtas, the parliament of Ireland. Originally, it was the ducal palace of the Dukes of Leinster. Since 1922, it is a complex of buildings, of which the former ducal palace is the core, ...
. Like the modern
Modern may refer to:
History
* Modern history
** Early Modern period
** Late Modern period
*** 18th century
*** 19th century
*** 20th century
** Contemporary history
* Moderns, a faction of Freemasonry that existed in the 18th century
Phil ...
Dáil, the Dáil was the dominant component of the legislature; and effectively had authority to enact almost any law it chose, and to appoint and dismiss the President of the Executive Council. Under the terms of the 1937 Constitution of Ireland
The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democra ...
, the Dáil of the Irish Free State became the modern Dáil Éireann
Dáil Éireann ( , ; ) is the lower house, and principal chamber, of the Oireachtas (Irish legislature), which also includes the President of Ireland and Seanad Éireann (the upper house).Article 15.1.2º of the Constitution of Ireland read ...
.
Composition and elections
Under theConstitution of the Irish Free State
The Constitution of the Irish Free State ( ga, Bunreacht Shaorstát Eireann) was adopted by Act of Dáil Éireann sitting as a constituent assembly on 25 October 1922. In accordance with Article 83 of the Constitution,Oath of Allegiance
An oath of allegiance is an oath whereby a subject or citizen acknowledges a duty of allegiance and swears loyalty to a monarch or a country. In modern republics, oaths are sworn to the country in general, or to the country's constitution. For ...
to the constitution of the Free State. The oath was, however, abolished by a constitutional amendment in 1936.
The Dáil was elected on the basis of universal adult suffrage by "proportional representation" and the single transferable vote
Single transferable vote (STV) is a multi-winner electoral system in which voters cast a single vote in the form of a ranked-choice ballot. Voters have the option to rank candidates, and their vote may be transferred according to alternate p ...
. The franchise was restricted to those over twenty-one. As adopted, the constitution required that term of a Dáil would last for four years, unless the law specified a shorter period or the house was dissolved early. However, after changes to the constitution and the law in 1927, the constitutional maximum became six years, and the legal maximum five.
While every Irish Government
The Government of Ireland ( ga, Rialtas na hÉireann) is the cabinet that exercises executive authority in Ireland.
The Constitution of Ireland vests executive authority in a government which is headed by the , the head of government. The governm ...
since 1937 has restricted Dáil constituencies to a maximum of five seats, during the Irish Free State there were several six-, seven- and eight-seat constituencies. During the Irish Free State Galway
Galway ( ; ga, Gaillimh, ) is a City status in Ireland, city in the West Region, Ireland, West of Ireland, in the Provinces of Ireland, province of Connacht, which is the county town of County Galway. It lies on the River Corrib between Lo ...
was a single nine-seat constituency. As well as geographical constituencies, there were two university constituencies
A university constituency is a constituency, used in elections to a legislature, that represents the members of one or more universities rather than residents of a geographical area. These may or may not involve plural voting, in which voters ar ...
: Dublin University
The University of Dublin ( ga, Ollscoil Átha Cliath), corporately designated the Chancellor, Doctors and Masters of the University of Dublin, is a university located in Dublin, Ireland. It is the degree-awarding body for Trinity College Dubl ...
and the National University
A national university is mainly a university created or managed by a government, but which may also at the same time operate autonomously without direct control by the state.
Some national universities are associated with national cultural or po ...
. The franchise for the university constituencies was open to all those who had been awarded degrees from either institution. However anyone voting in a university constituency was excluded from voting in their geographical district. The constitution required that each return three TDs, regardless of population. Because these constituencies had much lower populations that the ordinary geographical constituencies this resulted in malapportionment
Apportionment is the process by which seats in a legislative body are distributed among administrative divisions, such as states or parties, entitled to representation. This page presents the general principles and issues related to apportionmen ...
. The university constituencies were abolished in 1936 under the Constitution (Amendment No. 23) Act 1936
The Constitution (Amendment No. 23) Act 1936 (act no. 17 of 1936, previously bill no. 12 of 1934) was an Act of the Oireachtas of the Irish Free State amending the Constitution of the Irish Free State which had been adopted in 1922. It abolished ...
and the Electoral (University Constituencies) Act. However, in 1937 university constituencies would be revived for the newly created Seanad.
The following general elections took place to the Free State Dáil during its existence:
* 1922 general election
* 1923 general election
* 1927 general election (June)
* 1927 general election (September)
* 1932 general election
* 1933 general election
* 1937 general election
Powers
The Constitution of the Irish Free State provided that the President of the Executive Council would be appointed by the King "on the nomination of" the Dáil and that the Executive Council as a whole had to resign ''en bloc'' if it lost the confidence of the lower house. In practice these provision meant that the President was chosen by the Dáil, which could bring down his cabinet by a vote of no confidence
A motion of no confidence, also variously called a vote of no confidence, no-confidence motion, motion of confidence, or vote of confidence, is a statement or vote about whether a person in a position of responsibility like in government or mana ...
, or failure to approve a vote of confidence. A constitutional amendment passed in 1936 removed the role of the King entirely and provided that, in the final months of the Free State, the President would be elected by the Dáil directly, rather than merely being 'nominated' by the lower house.
Technically a bill had to be approved by both Houses of the Oireachtas and to receive the Royal Assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...
to become law. However, in practice it was the Dáil that decided what laws would be enacted and repealed. Before its complete abolition the Free State Seanad merely had power to delay legislation.
While during the early years of the Irish Free State there existed a theoretical possibility that the King, or the Governor-General acting on his behalf, might veto an act of the Oireachtas or dismiss the Executive Council against the wishes of the Dáil. With the passage of the Royal and Parliamentary Titles Act 1927
Royal may refer to:
People
* Royal (name), a list of people with either the surname or given name
* A member of a royal family
Places United States
* Royal, Arkansas, an unincorporated community
* Royal, Illinois, a village
* Royal, Iowa, a c ...
the British Government lost the right to formally advise the King in relation to the Irish Free State and so the possibility of the Governor-General taking any action without the approval of the other institutions of government was a remote possibility.
Unlike its modern successor, the Dáil did not have authority to declare war, this power being reserved for the Oireachtas as a whole. However, in practice this distinction was not important. During the later days of the Irish Free State the Dáil, as the dominant component of the Oireachtas, had the effective authority to amend the constitution in any way it chose. Today this is a level of authority that no Dáil has had since 1941.
Seanad Éireann
Seanad Éireann ("Senate of Ireland") was theupper house
An upper house is one of two Debate chamber, chambers of a bicameralism, bicameral legislature, the other chamber being the lower house.''Bicameralism'' (1997) by George Tsebelis The house formally designated as the upper house is usually smalle ...
of the Oireachtas of the Irish Free State from 1922 until 1936. It is sometimes referred to as the 'First Seanad'. The Seanad was established under the 1922 Constitution of the Irish Free State but a number of constitutional amendments were subsequently made to change the manner of its election and it powers. It was abolished in 1936 when it attempted to obstruct constitutional reforms favoured by the government. It sat in Leinster House
Leinster House ( ga, Teach Laighean) is the seat of the Oireachtas, the parliament of Ireland. Originally, it was the ducal palace of the Dukes of Leinster. Since 1922, it is a complex of buildings, of which the former ducal palace is the core, ...
.
Powers
The Seanad was subordinate to Dáil and could delay but not veto decisions of that house. Nonetheless, the Seanad had more power than its successor, the modern Seanad, which can only delay normal legislation for three months. As originally adopted the constitution provided that the Seanad had power to delay amoney bill
In the Westminster system (and, colloquially, in the United States), a money bill or supply bill is a bill that solely concerns taxation or government spending (also known as appropriation of money), as opposed to changes in public law.
Conv ...
for 21 days and delay any other bill for 270 days. The Constitution (Amendment No. 13) Act, passed on 23 July 1928 extended the Seanad's power of delay over (non-money) legislation from 9 months to 20 months.
Composition and elections
The 1922 version of the Constitution provided for a Seanad of 60 members directly elected. Members would serve 12-year terms, with one quarter of the house elected every three years. The members would be elected under the system ofproportional representation
Proportional representation (PR) refers to a type of electoral system under which subgroups of an electorate are reflected proportionately in the elected body. The concept applies mainly to geographical (e.g. states, regions) and political divis ...
by means of the single transferable vote
Single transferable vote (STV) is a multi-winner electoral system in which voters cast a single vote in the form of a ranked-choice ballot. Voters have the option to rank candidates, and their vote may be transferred according to alternate p ...
in a single, nationwide, 15 seat constituency.
However, to get the house started, the body's initial membership would be appointed by Dáil and the President of the Executive Council. To complicate matters even further, after the holding of the first direct election, the constitution was amended by the Constitution (Amendment No. 6) Act, passed on 23 July 1928, so that the final three elections to the Seanad occurred by a method of indirect election. Therefore, in the 5 elections to the Seanad to occur before its abolition, 3 different systems were used.
It was originally required that membership of the Seanad be limited to those who were over 35 who would serve 12-year terms. The Constitution (Amendment No. 8) Act, passed on 25 October 1928, reduced the minimum age of eligibility for Seanad members to 30 and the Constitution (Amendment No. 7) Act, passed on 30 October 1928, reduced the term of office of senators to 9 years.
Today incarnations of the modern Seanad are given a new number after each Seanad election. Thus, the Seanad elected in 2020 is known as the 26th Seanad. This was not the custom during the Irish Free State because the Seanad was elected in stages and therefore considered to be in permanent session. However, as a gesture of continuity with its predecessor, the first Seanad elected after 1937 is numbered as the Second Seanad. The Seanad, despite the occurrence of three senatorial elections before its abolition, is considered to have been a single Seanad for the duration of its existence and is thus referred for that whole period as the First Seanad.
1922 election
Half the initial membership of the Seanad was elected by the Dáil under thesingle transferable vote
Single transferable vote (STV) is a multi-winner electoral system in which voters cast a single vote in the form of a ranked-choice ballot. Voters have the option to rank candidates, and their vote may be transferred according to alternate p ...
. The remaining half was appointed by the President of the Executive Council (prime minister), W. T. Cosgrave
William Thomas Cosgrave (5 June 1880 – 16 November 1965) was an Irish Fine Gael politician who served as the president of the Executive Council of the Irish Free State from 1922 to 1932, leader of the Opposition in both the Free State and Ir ...
. Those elected by the Dáil were divided into two equal groups by lot, one assigned terms of three years and the other terms of nine years. Those appointed by the president were similarly divided and assigned terms of 6 years and 12 years. The President agreed to use his appointments in 1922 to grant extra representation to the Protestant
Protestantism is a Christian denomination, branch of Christianity that follows the theological tenets of the Reformation, Protestant Reformation, a movement that began seeking to reform the Catholic Church from within in the 16th century agai ...
minority in the state, most of whom were former Southern Unionists, to promote inclusiveness in the new Free State. As a result, of the sixty members of the first Seanad, as well as 36 Catholics
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
, there were 20 Protestant
Protestantism is a Christian denomination, branch of Christianity that follows the theological tenets of the Reformation, Protestant Reformation, a movement that began seeking to reform the Catholic Church from within in the 16th century agai ...
s, 3 Quakers
Quakers are people who belong to a historically Protestant Christian set of denominations known formally as the Religious Society of Friends. Members of these movements ("theFriends") are generally united by a belief in each human's abil ...
and 1 Jew
Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""Th ...
. It contained 7 peers, a dowager
A dowager is a widow or widower who holds a title or property—a "dower"—derived from her or his deceased spouse. As an adjective, ''dowager'' usually appears in association with monarchy, monarchical and aristocracy, aristocratic Title#Aristocr ...
countess, 5 baronet
A baronet ( or ; abbreviated Bart or Bt) or the female equivalent, a baronetess (, , or ; abbreviation Btss), is the holder of a baronetcy, a hereditary title awarded by the British Crown. The title of baronet is mentioned as early as the 14th ...
s and several knights
A knight is a person granted an honorary title of knighthood by a head of state (including the Pope) or representative for service to the monarch, the Christian denomination, church or the country, especially in a military capacity. Knighthood ...
. ''The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' remarked that the first Seanad was "representative of all classes", though it has also been described as, "the most curious political grouping in the history of the Irish state".Article by Elaine Byrne, Irish Times, 30 July 2008 Members included William Butler Yeats
William Butler Yeats (13 June 186528 January 1939) was an Irish poet, dramatist, writer and one of the foremost figures of 20th-century literature. He was a driving force behind the Irish Literary Revival and became a pillar of the Irish liter ...
, Oliver St. John Gogarty
Oliver Joseph St. John Gogarty (17 August 1878 – 22 September 1957) was an Irish poet, author, otolaryngologist, athlete, politician, and well-known conversationalist. He served as the inspiration for Buck Mulligan in James Joyce's novel ...
and General
A general officer is an Officer (armed forces), officer of highest military ranks, high rank in the army, armies, and in some nations' air forces, space forces, and marines or naval infantry.
In some usages the term "general officer" refers t ...
Sir Bryan Mahon.
The opponents of the Anglo-Irish Treaty also opposed the new Seanad, and 37 of the senators' homes were burnt to the ground. Others were intimidated, kidnapped or almost assassinated. Nevertheless, the first Seanad greatly influenced the guiding principles and legislative foundations of the new state.
The first Cathaoirleach
Cathaoirleach (; Irish for chairperson; plural: ) is the title of the chair (or presiding officer) of Seanad Éireann, the sixty-member upper house of the Oireachtas, the legislature of Ireland. The current Cathaoirleach, who has held the off ...
was Lord Glenavy
Baron Glenavy, of Milltown in the County of Dublin, was a title in the Peerage of the United Kingdom. It was created on 26 July 1921 for the noted Irish lawyer and Unionist politician Sir James Campbell, 1st Baronet. He served as Lord Chief Jus ...
, formerly the Lord Chief Justice of Ireland
The Court of King's Bench (or Court of Queen's Bench during the reign of a Queen) was one of the senior courts of common law in Ireland. It was a mirror of the Court of King's Bench in England. The Lord Chief Justice was the most senior judge i ...
in 1916–21.
1925 election
The 15 original 3-year seats came up for election in 1925, as did four other seats which had been filled temporarily by co-option. The 19 retiring members were automatically eligible for re-election; another 19 candidates were nominated by the Seanad (by thesingle transferable vote
Single transferable vote (STV) is a multi-winner electoral system in which voters cast a single vote in the form of a ranked-choice ballot. Voters have the option to rank candidates, and their vote may be transferred according to alternate p ...
from a list of 29); the Dáil nominated 38 candidates (from a list of 57, again by the single transferable vote). The 76 candidates were then put to the public electorate on 17 September 1925, but without partisan campaigning, turnout was less than a quarter of the 1,345,000 potential voters. The count took two weeks. Only 8 of the former senators were re-elected, with particularly poor results for the Gaelic League
(; historically known in English as the Gaelic League) is a social and cultural organisation which promotes the Irish language in Ireland and worldwide. The organisation was founded in 1893 with Douglas Hyde as its first president, when it emer ...
and Douglas Hyde
Douglas Ross Hyde ( ga, Dubhghlas de hÍde; 17 January 1860 – 12 July 1949), known as (), was an Irish academic, linguist, scholar of the Irish language, politician and diplomat who served as the first President of Ireland from June 1938 t ...
.
Subsequent elections
After the amendment of the constitution in 1928, future members of the Seanad were to be elected from a single constituency consisting of the combined membership of the outgoing Seanad and the Dáil, and the system was changed so that a third rather than a quarter of the Seanad would be replaced at each election. The elections were still held by secret ballot and under the single transferable vote. Elections took place under the new system in 1928, 1931, and 1934 before the Seanad was abolished in 1936. The system for nominating candidates was also changed. After 1928, it was provided that the number of nominees would be equal to twice the number of seats to be filled and that half would be elected by the Dáil and the other half by the Seanad. Both houses used the single transferable vote for this purpose. The right of outgoing senators to nominate themselves was removed.By-elections
The constitution originally provided that premature vacancies would be filled by a vote of the Seanad. However, a candidate elected in this way would serve only until the next senatorial election, when the seat would come up for election along with the others scheduled to be filled. The system was changed by the Constitution (Amendment No. 11) Act, passed on 17 December 1929, so that vacancies were filled by members of both houses voting together.Direct democracy
As adopted the Constitution of the Irish Free State contained a number of provisions fordirect democracy
Direct democracy or pure democracy is a form of democracy in which the Election#Electorate, electorate decides on policy initiatives without legislator, elected representatives as proxies. This differs from the majority of currently establishe ...
, which included a special role for the Seanad. Most importantly it was provided that the Seanad could, if three-fifths of its members agreed, demand a binding referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
on any bill. This was to allow the Seanad to appeal to voters directly if there was a disagreement between the two houses and if the Dáil attempted to override the Seanad. However, this power was taken from the Seanad in 1928 before it had been put into use. It was in compensation for this loss that the Seanad's powers of delay were increased in the same year.
Before it was removed, the Seanad's right to demand a referendum was contained in Article 47, which provided for voters to veto legislation directly in certain circumstances. The article provided that once a bill had been approved by both houses of the Oireachtas (or just by the Dáil, if it had over-ridden the Seanad), its enactment into law could be suspended if, within seven days, either a majority of the Seanad or three-fifths of all members of the Dáil so requested.
There would then be a further period of ninety days within which either 5% of all registered voters or 60% of the Seanad could demand a referendum on the bill. The referendum would be decided by a majority of votes cast and if rejected the bill would not become law. Article 47 did not apply to money bills or bills declared by both houses to be "necessary for the immediate preservation of the public peace, health or safety". The Constitution (Amendment No. 10) Act, passed on 12 July 1928, repealed Article 47 in its entirety, along with Article 48 which provided for an initiative
In political science, an initiative (also known as a popular initiative or citizens' initiative) is a means by which a petition signed by a certain number of registered voters can force a government to choose either to enact a law or hold a pu ...
process.
A similar power given to the Free State Seanad by Article 47 is granted to the modern Seanad by the 1937 Constitution of Ireland
The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democra ...
. Under the current constitution, a simple majority of senators (with the agreement of one-third of the Dáil) can request that the President of Ireland
The president of Ireland ( ga, Uachtarán na hÉireann) is the head of state of Republic of Ireland, Ireland and the supreme commander of the Defence Forces (Ireland), Irish Defence Forces.
The president holds office for seven years, and can ...
refer a bill to the people. The President can thus refuse to sign it until it has been approved either in an ordinary referendum
An ordinary referendum in Ireland is a referendum on a bill other than a bill to amend the Constitution. The Constitution prescribes the process in Articles 27 ("Reference of Bills to the People") and 47 ("The Referendum"). Whereas a ''constitut ...
or by the Dáil after it has reassembled after a general election. This power has never been used because the modern Seanad is designed in such a way as to have a permanent government majority.
Abolition
The Seanad was abolished entirely in 1936 after it delayed some Government proposals for constitutional changes by the Constitution (Amendment No. 24) Act which was passed on 29 May 1936.Éamon de Valera
Éamon de Valera (, ; first registered as George de Valero; changed some time before 1901 to Edward de Valera; 14 October 1882 – 29 August 1975) was a prominent Irish statesman and political leader. He served several terms as head of governm ...
had seen its delay of his proposals as illegitimate; the continuing opposition majority had stemmed from a combination of his earlier boycott of the Free State Oireachtas and the provision for the Seanad's self-election. The abolition was highly controversial at the time and the last chairman Thomas Westropp Bennett
Thomas William Westropp Bennett (30 January 1867 – 1 February 1962) was an Irish politician, magistrate and public figure in Irish agriculture.
Early life
Born on his father's estate in Ballymurphy in the village of Crecora in County Limeric ...
played a key role. It opposed its own abolition, but this decision was over-ridden by the Dáil.
In the 1937 Constitution of Ireland
The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democra ...
de Valera created a new modern Seanad, Seanad Éireann
Seanad Éireann (, ; "Senate of Ireland") is the upper house of the Oireachtas (the Irish legislature), which also comprises the President of Ireland and Dáil Éireann (the lower house).
It is commonly called the Seanad or Senate and its memb ...
. This new Seanad was considered to be the direct successor of the Free State Seanad.
Role of the monarchy
The King was the same individual who held the position of King of the United Kingdom
The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the constitutional form of government by which a hereditary sovereign reigns as the head of state of the United Kingdom, the Crown Dependencies (the Bailiwi ...
. Until 1927 he reigned in the Irish Free State as " King ''in'' Ireland". However, from 1927 onwards he technically reigned in the Irish Free State on a separate throne as " King ''of'' Ireland". The Oireachtas was dissolved by the King acting on the 'advice' of the Executive Council. Members of either house had to take an oath of fidelity to the King known as the "Oath of Allegiance
An oath of allegiance is an oath whereby a subject or citizen acknowledges a duty of allegiance and swears loyalty to a monarch or a country. In modern republics, oaths are sworn to the country in general, or to the country's constitution. For ...
" before taking their seats. The King was the third component and constitute part of the Oireachtas in the same manner as in the Parliament of the United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprem ...
The King was represented in the Irish Free State by the Governor-General of the Irish Free State
The Governor-General of the Irish Free State ( ga, Seanascal Shaorstát Éireann) was the official representative of the sovereign of the Irish Free State from 1922 to 1936. By convention, the office was largely ceremonial. Nonetheless, it wa ...
( ga, Seanascal) who was the viceregal representative of the Monarch and carried out the duties and roles officially assigned to the monarch.
The Governor-General's Address or Governor-General's Speech was a formal address delivered by the Governor-General to Dáil Éireann
Dáil Éireann ( , ; ) is the lower house, and principal chamber, of the Oireachtas (Irish legislature), which also includes the President of Ireland and Seanad Éireann (the upper house).Article 15.1.2º of the Constitution of Ireland rea ...
, modelled on the speech from the throne
A speech from the throne, or throne speech, is an event in certain monarchies in which the reigning sovereign, or a representative thereof, reads a prepared speech to members of the nation's legislature when a session is opened, outlining th ...
given in other Dominion
The term ''Dominion'' is used to refer to one of several self-governing nations of the British Empire.
"Dominion status" was first accorded to Canada, Australia, New Zealand, Newfoundland, South Africa, and the Irish Free State at the 1926 ...
s of the British Commonwealth
The Commonwealth of Nations, simply referred to as the Commonwealth, is a political association of 56 member states, the vast majority of which are former territories of the British Empire. The chief institutions of the organisation are the Co ...
. The address was a brief, businesslike event, lacking the pomp and ceremony of the State Opening of Parliament
The State Opening of Parliament is a ceremonial event which formally marks the beginning of a session of the Parliament of the United Kingdom. It includes a speech from the throne known as the King's (or Queen's) Speech. The event takes place ...
reflecting the general lack of enthusiasm for the Monarchy in the Irish Free State. It was written by the Executive Council and outlined the bills it intended to introduce. Technically the address was only to the Dáil, not to a joint session
A joint session or joint convention is, most broadly, when two normally separate decision-making groups meet, often in a special session or other extraordinary meeting, for a specific purpose.
Most often it refers to when both houses of a bicame ...
of both Houses of the Oireachtas. However, members of Seanad Éireann
Seanad Éireann (, ; "Senate of Ireland") is the upper house of the Oireachtas (the Irish legislature), which also comprises the President of Ireland and Dáil Éireann (the lower house).
It is commonly called the Seanad or Senate and its memb ...
were invited into the Dáil chamber to attend the address, and subsequently discussed it after returning to their own chamber. Only the first two sessions of the Free State Oireachtas, in 1922 and 1923, had such an address.
The Governor-General was also the official who granted Royal Assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...
to Bills. A Bill, having duly passed or having been deemed to pass, in the Dáil and the Seanad, would be presented to the Governor-General by the President of the Executive Council of the Irish Free State
The president of the Executive Council of the Irish Free State ( ga, Uachtarán ar Ard-Chomhairle Shaorstát Éireann) was the head of government or prime minister of the Irish Free State which existed from 1922 to 1937. He was the chairman of t ...
. Unlike in the United Kingdom, no parliamentary ceremony was invoked to confirm that the Royal Assent had been given. Its details would instead be published in Iris Oifigiúil
''Iris Oifigiúil'' (; "''Official Journal''") is the official gazette of the Government of Ireland. It replaced ''The Dublin Gazette'', the gazette of the Dublin Castle administration, on 31 January 1922. ''The Belfast Gazette'' was established ...
.
The process of Royal Assent was abolished by the Constitution (Amendment No. 27) Act 1936
The Constitution (Amendment No. 27) Act 1936 was an amendment to the Constitution of the Irish Free State that removed all reference to the King, to the office of Governor-General, and almost completely eliminated the King's constitutional role ...
. The Act was the last to receive Royal Assent. The new Act instead required that the Ceann Comhairle sign bills into law. Under the new 1937 Constitution of Ireland
The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democra ...
, which came into force almost exactly one year later, the role of signing bills into law was given to the President of Ireland
The president of Ireland ( ga, Uachtarán na hÉireann) is the head of state of Republic of Ireland, Ireland and the supreme commander of the Defence Forces (Ireland), Irish Defence Forces.
The president holds office for seven years, and can ...
. This in particular is one of the reasons why there is some confusion in who was the Irish head of state from 1936 to 1949
The state known today as Ireland is the successor state to the Irish Free State, which existed from December 1922 to December 1937. At its foundation, the Irish Free State was, in accordance with its constitution and the terms of the Anglo-Irish ...
.
Disbandment
On 29 December 1937 theConstitution of Ireland
The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democra ...
came into force and the Irish Free State was succeeded by a state known today as Ireland. The new constitution had been adopted by plebiscite on 1 July of that year, and on the same day the Ninth Dáil was elected. The Ninth Dáil was therefore elected as the lower house of the Free State Oireachtas but in December its role changed to that of lower house of a new legislature.
See also
*History of the Republic of Ireland
The Irish state came into being in 1919 as the 32 county Irish Republic. In 1922, having seceded from the United Kingdom of Great Britain and Ireland under the Anglo-Irish Treaty, it became the Irish Free State. It comprised 32 counties until ...
References
External links
Oireachtas: Members of the Oireachtas
{{coord, 53, 20, 30, N, 6, 15, 17, W, source:kolossus-plwiki, display=title Government in the Irish Free State Historical Irish legislatures 1922 establishments in Ireland 1937 disestablishments in Ireland Defunct bicameral legislatures