HOME

TheInfoList



Click Here for Items Related To - Oireachtas of the Irish Free State
OR:
Oireachtas of the Irish Free State on:   [Wikipedia]   [Google]   [Amazon]

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 (polity), state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-year Irish War of Independ ...
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 cham ...
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 Ire ...
. 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 gro ...
, 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 r ...
(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 ...
(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, which title is also given to the consort of a king. *In the context of prehistory, antiquity and contemporary indigenous peoples, the ...
, 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 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 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 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 cham ...
, 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 advised ...
, and later Parliament of Great Britain. This Parliament consisted of the King of Ireland, 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. ...
. Under the Act of Union 1800 the separate Kingdoms of
Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
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 is ...
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 Gre ...
and the
Parliament of the United Kingdom The Parliament of the United Kingdom is the Parliamentary sovereignty in the United Kingdom, supreme Legislature, legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of We ...
. 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, 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 r ...
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 Un ...
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 elected ...
did not therefore have any recognised legal authority outside
Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
. 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 Provisio ...
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 (1919–1922), Irish Republican Army (IRA, the army of the Irish Republic) and United Kingdom of Gre ...
under the Fourth Home Rule Bill. It was designed to legislate for Southern Ireland,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 Ire ...
, two complementary Acts, one passed by the Parliament of Great Britain, 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 cham ...
. 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, 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 European mainland, continental mainland. It comprises England, Scotlan ...
. 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 t ...
, 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)


Powers

Under the constitution the Oireachtas had exclusive authority to: * Legislate, including approving the budget. * Create subordinate legislatures. * Amend the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princip ...
. * 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 Parliamentary sovereignty in the United Kingdom, supreme Legislature, legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of We ...
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), 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. North ...
.


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 the Ceann Comhairle. * 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 of the Oireachtas of the
Irish Free State The Irish Free State ( ga, Saorstát Éireann, , ; 6 December 192229 December 1937) was a State (polity), state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-year Irish War of Independ ...
, 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 ...
". 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 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 fundamental law of Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democracy, is broadly within the traditio ...
, 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 r ...
.


Composition and elections

Under 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,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. Fo ...
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 gover ...
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 in the West of Ireland, in the province of Connacht, which is the county town of County Galway. It lies on the River Corrib between Lough Corrib and Galway Bay, and is the sixth most populous city ...
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 ...
:
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. 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 apportionme ...
. The university constituencies were abolished in 1936 under the Constitution (Amendment No. 23) Act 1936 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 Executive Council may refer to: Government * Executive Council (Commonwealth countries), a constitutional organ that exercises executive power and advises the governor * Executive Council of Bern, the government of the Swiss canton of Bern * Ex ...
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 othe ...
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 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 the
upper house An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house.''Bicameralism'' (1997) by George Tsebelis The house formally designated as the upper house is usually smaller and often has more restric ...
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 a
money 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. Con ...
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 of
proportional 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 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 remaining half was appointed by the President of the Executive Council (prime minister), W. T. Cosgrave. 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. It contained 7
peer Peer may refer to: Sociology * Peer, an equal in age, education or social class; see Peer group * Peer, a member of the peerage; related to the term "peer of the realm" Computing * Peer, one of several functional units in the same layer of a net ...
s, a dowager 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 church or the country, especially in a military capacity. Knighthood finds origins in the G ...
. ''
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 and
General A general officer is an officer of high rank in the armies, and in some nations' air forces, space forces, and marines or naval infantry. In some usages the term "general officer" refers to a rank above colonel."general, adj. and n.". O ...
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 ...
was Lord Glenavy, 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 ...
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 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 ...
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 em ...
and Douglas Hyde.


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 for direct democracy, 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 ...
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 p ...
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 fundamental law of Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democracy, is broadly within the traditio ...
. 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 Ireland and the supreme commander of the Irish Defence Forces. The president holds office for seven years, and can be elected for a maximum of two terms.Constitu ...
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 ''constit ...
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 fundamental law of Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democracy, is broadly within the traditio ...
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 ...
. 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. 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 Executive Council may refer to: Government * Executive Council (Commonwealth countries), a constitutional organ that exercises executive power and advises the governor * Executive Council of Bern, the government of the Swiss canton of Bern * Ex ...
. 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. Fo ...
" 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 Parliamentary sovereignty in the United Kingdom, supreme Legislature, legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of We ...
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 Monarchy in the Irish Free State, sovereign of the Irish Free State from 1922 to 1936. By constitutional convention (politi ...
( 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 r ...
, 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 t ...
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 C ...
. The address was a brief, businesslike event, lacking the pomp and ceremony of the State Opening of Parliament reflecting the general lack of enthusiasm for the Monarchy in the Irish Free State. It was written by the
Executive Council Executive Council may refer to: Government * Executive Council (Commonwealth countries), a constitutional organ that exercises executive power and advises the governor * Executive Council of Bern, the government of the Swiss canton of Bern * Ex ...
and outlined the bills it intended to introduce. Technically the address was only to the Dáil, not to a joint session 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 ...
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 othe ...
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. 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 establis ...
. The process of Royal Assent was abolished by the Constitution (Amendment No. 27) Act 1936. 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 fundamental law of Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democracy, is broadly within the traditio ...
, 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 Ireland and the supreme commander of the Irish Defence Forces. The president holds office for seven years, and can be elected for a maximum of two terms.Constitu ...
. 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.


Disbandment

On 29 December 1937 the
Constitution of Ireland The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the fundamental law of Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democracy, is broadly within the traditio ...
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 In music theory, music, a ninth is a Interval (music)#Simple and compound, compound interval (music), interval consisting of an octave plus a Interval number, second. Like the second, the interval of a ninth is classified as a Consonance ...
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


References


External links


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