How long can the forming of a government take?

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Brendan Burgess

Brendan Burgess

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Is there a deadline in the Constitution?

At what stage is a new election called and who makes the decision?

Brendan
 
Article 28.11 of the Constitution states;
  1. If the Taoiseach at any time resigns from office the other members of the Government shall be deemed also to have resigned from office, but the Taoiseach and the other members of the Government shall continue to carry on their duties until their successors shall have been appointed.
  2. 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.
Therefore it looks like there is no time limit between the election of a Dáil and the formation of a government.

I'm open to correction though!
 
Not that I know but having unelected ministers can only go on for so long. They are even TD'S so probably not even answerable to the house. Nothing will be done until they form a government so its makes a mockery of all parties concerns about housing and health crisis.....
 
It is my understanding, informed by Pat Leahy in the Irish Times, that the current Taoiseach remains in office until the Dáil elects a successor. Until that happens, the current Government stay in place. The only person who can call another General Election is the current Taoiseach.
I guess that Ministers who are no longer TDs, like Katherine Zappone and Regina Doherty, would not carry on in those roles.
 
TarfHead said:
It is my understanding, informed by Pat Leahy in the Irish Times, that the current Taoiseach remains in office until the Dáil elects a successor. Until that happens, the current Government stay in place. The only person who can call another General Election is the current Taoiseach.
I guess that Ministers who are no longer TDs, like Katherine Zappone and Regina Doherty, would not carry on in those roles.
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No, the ministers are the same. They keep the office until successors are appointed. Not being a TD anymore doesn't change that. Even the ones that retired are stuck.
 
If they are not TDs, hopefully their Dail salaries stops and they just get paid the Ministerial differentials? I know it's unlikely, but I live in hope.
 
I don't think they can be ministers, even acting ministers, if they are not members of the Dáil or Seanad.
They have to be members of the Dáil to be Taoiseach or Minister for Finance but I think any member of the Seanad can be any other minister.
 
Sunny said:
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.
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That is correct - Article 28. 11.2

The Dáil has been dissolved but not the ministerial offices. Ministers and TDs of the previous Dáil continue to carry out their duties until a new government is formed.
 
Sophrosyne said:
That is correct - Article 28. 11.2

The Dáil has been dissolved but not the ministerial offices. Ministers and TDs of the previous Dáil continue to carry out their duties until a new government is formed.
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Sunny said:
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.

Same happened at last election

www.irishtimes.com

Defeated Ministers remain in office until new government formed

Ministers James Reilly and Alex White lost seats but attended meeting yesterday
www.irishtimes.com www.irishtimes.com
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Purple said:
Article 28.11 of the Constitution states;
  1. If the Taoiseach at any time resigns from office the other members of the Government shall be deemed also to have resigned from office, but the Taoiseach and the other members of the Government shall continue to carry on their duties until their successors shall have been appointed.
  2. 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.
Therefore it looks like there is no time limit between the election of a Dáil and the formation of a government.

I'm open to correction though!
Click to expand...

That confirms it so ;)
 
Odd how before the election, everything was a crisis that needed to be solved immediately. Now we need to take time and reflect on what the people said or didn't say. Maybe take a few weeks/months talking or not talking.

I know it's not easy but it would help if they stopped talking through both sides of their mouths. If you are not going to be part of Government, then say it and we can go back for another election. Instead we get 'It is not us'. 'It is up to them'. 'We won't be found wanting'. 'Its too early to say'. 'We were very clear about that'. 'I wouldn't rule anything out. 'We rule out going into Government with them'. 'We can't form a Government without FF/FG'. 'We can still form a minority Government without FF/FG'. 'The people voted for change and that doesn't mean FF/FG'. 'FF/FG are anti democratic from ignoring the vote of the people'
 
Yes. It is all tactics at the moment as a prelude to discussing policy issues.

It took 70 days of negotiations to form the last government - with just two parties involved and which didn't have the complicating SF factor.
 
Sunny said:
I know it's not easy but it would help if they stopped talking through both sides of their mouths.
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At least the Soc Dems have called FG out on their nonsense . .

"It is clear to all that Fine Gael are now engaged in a game-playing exercise and we refuse to participate in what is essentially theatrics by Fine Gael . . . . while it was always the case that we were unlikely to find much common ground with Fine Gael, we intended to honour our commitment of engaging openly with all parties. Clearly FIne Gael’s intention is to engage in shadow-boxing for the coming weeks and we've no interest in participating in such a charade."

I don't think the Greens will tolerate much BS either.
 
Sophrosyne said:
Yes. It is all tactics at the moment as a prelude to discussing policy issues.

It took 70 days of negotiations to form the last government - with just two parties involved and which didn't have the complicating SF factor.
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Belgium had no government for 589 days back in 2010/2011. These things can take time.
 
Good article here by Simon Carswell

www.irishtimes.com

Q&A: How long could it take to form a new government after Election 2020?

There are no rules and no time limits on how to put together a new administration
www.irishtimes.com www.irishtimes.com

How long could this limbo continue for?
Technically indefinitely, but this is highly unlikely in practice. In theory Minister for Finance Paschal Donohoe could present a new budget – a critical point in the life of any government – in October, but this would hardly pass given that Fine Gael is in a minority and is no longer supported by Fianna Fáil.


Who decides if another election is needed?
Only Taoiseach Leo Varadkar can seek to dissolve the 33rd Dáil and call an election.

Does President Michael D Higgins have to approve?
Yes. Under article 13 of the Constitution only the President can dissolve the Dáil on the advice of the Taoiseach. The President may in his absolute discretion refuse to dissolve the Dáil on the advice of a taoiseach who has ceased to retain the support of a majority in the parliament.


Could the President play a role in trying to help form a government?
Technically no, but if the political stalemate drags on the situation could force him into unchartered waters. There is nothing in the Constitution providing the President with any role in the formation of a government as the role of the presidency, as head of State, sit above politics.
 
Sunny said:
No, the ministers are the same. They keep the office until successors are appointed. Not being a TD anymore doesn't change that. Even the ones that retired are stuck.
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Maybe we will be getting into the brexit and house of commons theatrics now in the Dail. Will they be sending a letter to the queen to ask her to prorogue the Dail like Johnson did? Imagine David Cullinane in that scenario he would be apopletic with rage, it would be a good Waterford Whispers headline though
 
Left , left again , further left - ok , we’re on the same page .
Give the soldiers of destiny a ring now - fair enough Leo , will do !
 
I said before the election that we could still be waiting on a new Government come Easter. I think it's too early yet to start clamouring for another election, as others said, these things take time. I think we'll have a better picture in a couple of weeks time but I can't see anything happening before then so it's best we let them at it for a few more weeks yet.
 
After appointing Ceann Comhairle FF and SF now have 37 TDs each,
Only 28 TDS voted for Denis Naughten strange one all FG TDs did not vote for Dinis Naughten seeing the have no FG TDs in Roscommon/Galway since Naughten went Independent,
 
A Grand Coalition is a coalition between the two largest parties in a Parliament. Therefore a FF/SF coalition is a grand coalition.
 
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