Taoiseach's seat in Dáil Éireann

allmight

Does the resigning Taoiseach automatically keep his seat in Dáil Éireann after its reassembly or should he secure it in the election?

Stanford

The office of Taoiseach is not up for election by the people, he/she is elected by the incoming Government

allmight

I was asking about his seat in Dáil Éireann which one has to be a member of to be eligible for an appointment as a Taoiseach

Roanmore

Ceann Comhairle is the only TD who retains their seat without an election.

allmight

So there's no way for the Taoiseach to secure the support of a majority in reassembled Dáil Éireann pursuant to Article 28.10 if he was not elected a TD in the last election?

Article 28.10 states the following:

"The Taoiseach shall resign from office upon his ceasing to retain the support of a majority in Dáil Éireann unless on his advice the President dissolves Dáil Éireann and on the reassembly of Dáil Éireann after the dissolution the Taoiseach secures the support of a majority in Dáil Éireann."

Phoebas

Correct. The Taoiseach must be an elected TD.

ArmaniJeanss

I think you're questioning what would happen if Leo didn't get elected in Dublin West in the next election, coupled with a hung Dail which would make it difficult to form a new government.

I'd suspect he would continue as Taoiseach (for purposes of things like international meetings) until such time as a new government was voted in. Whether he'd be allowed address the Dail though I don't know, probably not. It sounds like the sort of thing which would be a constitutional mess. Thankfully I'd expect there to be enough sensibleness on display on all sides for it not to descend into anarchy.

allmight

Thanks for the answers!

L1011

ArmaniJeanss wrote: »

I think you're questioning what would happen if Leo didn't get elected in Dublin West in the next election, coupled with a hung Dail which would make it difficult to form a new government.

I'd suspect he would continue as Taoiseach (for purposes of things like international meetings) until such time as a new government was voted in. Whether he'd be allowed address the Dail though I don't know, probably not. It sounds like the sort of thing which would be a constitutional mess. Thankfully I'd expect there to be enough sensibleness on display on all sides for it not to descend into anarchy.

This is basically what would happen - during the 2016 government negotiation proceedings we had a number of Ministers who had to continue in their roles despite failing to get re-elected - James Reilly and Alex White at least.

Peregrinus

Yup. Under Article 28.11.2 of the Constitution, "the members of the Government in office at the date of a dissolution of dáil Éireann shall continue to hold office until their successors shall have been appointed".

The question of the outgoing Taoiseach addressign the Dáil doesn't really arise. When the new Dail assembles, the first item of business is electing (or re-electing) the Ceann Comhairle, and after that is the election of a Taoiseach. The outgoing Taoiseach, if he has lost his seat, obviously won't be a candidate, so why would he need to address the Dáil? And they won't be proceeding to consider any other business until they have elected a Taoiseach.

lbc2019

Brian Cowen was Taoiseach until Enda Kenny was voted in the Dail, so he was Taoiseach without being a TD for a short time

mickdw

I think article 28 may refer to the situation where the president requests that the elected tds try to form a different government without having an election so
Varadkar could lose support, resign as taoiseach, go to the aras and be told to try to form a government with existing elected tds. Using the current situation, varadkar could go back to Dail, get support of FF and be elected taoiseach in a fg ff government.
I think that is what is referred to but I could be totally wrong.

Peregrinus

mickdw wrote: »

I think article 28 may refer to the situation where the president requests that the elected tds try to form a different government without having an election so
Varadkar could lose support, resign as taoiseach, go to the aras and be told to try to form a government with existing elected tds. Using the current situation, varadkar could go back to Dail, get support of FF and be elected taoiseach in a fg ff government.
I think that is what is referred to but I could be totally wrong.

I think you are. Article 28.11.2 specifically deals with the situation whcih arises on the dissolution of the Dail (i.e when there is a general election).