How long does the Constitution allow for forming a Government?

InTheTrees

Are there any constitutional limits as to how long the parties can take in their negotiations to form a government?

Does the President have any role to play?

Victor

InTheTrees wrote: »

Are there any constitutional limits as to how long the parties can take in their negotiations to form a government?

No fixed limit. There is of course the constitutional limit of 7 years on the life of the Dáil, which is restricted to 5 years by legislation. In practice, if legislation and particularly the budget isn't being passed, then an election is likely to be called.

Does the President have any role to play?

If the taoiseach (including acting taoiseach) has the support of the Dáil (i.e. a working majority), then the taoiseach can ask the president to dissolve the Dáil and an election happens. If the taoiseach loses the support of the Dáil (as happened in 1994, where a rival majority was formed), it's a bit more complicated.

piuswal

As I understand it, the President can refuse a request for dissolution and he/she can also ask the Government to address both Houses. Any chance MD might do that and tell them to get on with forming a Government?

johnnyskeleton

piuswal wrote: »

As I understand it, the President can refuse a request for dissolution and he/she can also ask the Government to address both Houses. Any chance MD might do that and tell them to get on with forming a Government?

Might be counterproductive.

Michael D is firmly Labour so wouldnt advocate a non Labour govt and would be seen as advocating Labour going in, which might irritate others. Best he keeps out of it.

glacial_pace71

Things start to get constitutionally messy in a few days time. Under the provisions of Article 18.8 of Bunreacht na hÉireann the election to the Seanad takes place 90 days after the Dáil election:

http://www.taoiseach.gov.ie/eng/Historical_Information/The_Constitution/Bunreacht_na_h%C3%89ireann_October_2015_Edition.pdf

The "first meeting" can presumably still be kicked to touch by the Taoiseach and President.

However, the Taoiseach can't refuse to complete the Seanad election process and fail to nominate the remaining 11 senators? The problem lies in Article 18.3, which states the following:

"The nominated members of seanad Éireann shall
be nominated, with their prior consent, by the
taoiseach who is appointed next after the reassembly
of dáil Éireann following the dissolution
thereof which occasions the nomination of the said
members".

The presumption has been made that there's a Taoiseach in place to do that nominating! We are about to hit the irreconcilable timeframes.

Mal-Adjusted

But if there's no clear outcome on electing a Taoiseach, doesn't the current one remain in the position until a vote is won?

Annasopra

johnnyskeleton wrote: »

Might be counterproductive.

Michael D is firmly Labour so wouldnt advocate a non Labour govt and would be seen as advocating Labour going in, which might irritate others. Best he keeps out of it.

No

He's not firmly Labour. He resigned his membership upon becoming President and theres no way he would advocate labour going into government!

Annasopra

Mal-Adjusted wrote: »

But if there's no clear outcome on electing a Taoiseach, doesn't the current one remain in the position until a vote is won?

Yes but the acting Taoiseach cannot appoint the Taoiseachs 11 Senators

Fred Swanson

This post has been deleted.