{"id":4881,"date":"2018-12-30T11:30:05","date_gmt":"2018-12-30T11:30:05","guid":{"rendered":"http:\/\/legalblog.ie\/the-cabinet\/"},"modified":"2022-08-28T14:19:17","modified_gmt":"2022-08-28T14:19:17","slug":"the-cabinet","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/the-cabinet\/","title":{"rendered":"The Cabinet"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/the-cabinet\/#The_Government\" title=\"The Government\">The Government<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/the-cabinet\/#The_Taoiseach_and_the_Tanaiste\" title=\"The Taoiseach and the Tanaiste\">The Taoiseach and the Tanaiste<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/the-cabinet\/#Department_of_the_Taoiseach\" title=\"Department of the Taoiseach\">Department of the Taoiseach<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/the-cabinet\/#Ministers\" title=\"Ministers\">Ministers<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/the-cabinet\/#Functions_of_Government\" title=\"Functions of Government\">Functions of Government<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/the-cabinet\/#Proposal_of_Legislation\" title=\"Proposal of Legislation\">Proposal of Legislation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/the-cabinet\/#Proceedings_of_Government_I\" title=\"Proceedings of Government I\">Proceedings of Government I<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/the-cabinet\/#Proceedings_of_Government_II\" title=\"Proceedings of Government II\">Proceedings of Government II<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/the-cabinet\/#Responsibility_to_Oireachtas\" title=\"Responsibility to Oireachtas\">Responsibility to Oireachtas<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/the-cabinet\/#Departmental_Powers_and_Authority\" title=\"Departmental Powers and Authority\">Departmental Powers and Authority<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/the-cabinet\/#Ethics\" title=\"Ethics\">Ethics<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/the-cabinet\/#Press_Office_and_Chief_Whip\" title=\"Press Office and Chief Whip\">Press Office and Chief Whip<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"The_Government\"><\/span>The Government<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Government is the body designated by the Constitution to govern and administer the State.\u00a0 They are at the apex of the \u201cexecutive\u201d arm of the State.<\/p>\n<p>The Constitution lays down that there should be between seven and fifteen government Ministers. The Taoiseach nominates the members of the Government and they are formally appointed by the President.\u00a0 Government Ministers are generally TDs.\u00a0 Up to two Ministers may be Senators.<\/p>\n<p>Government ministers are generally in charge of a particular Government Department. \u00a0The Department as a legal entity is the \u201cMinister\u201d. In this sense, \u201cminister\u201d refers to the office, which is a legal entity separate to the particular holder of that office. The office of a particular minister continues irrespective of the identity of the person who happens to be Minister for Finance, from time to time.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"The_Taoiseach_and_the_Tanaiste\"><\/span>The Taoiseach and the Tanaiste<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Taoiseach is the head of the Government. He is generally the leader of the larger (or only) Government party.\u00a0 The Taoiseach is usually party leader.\u00a0 \u00a0He is appointed as Taoiseach by the President on the nomination of the Dail. The President has no discretion in the appointment of the Taoiseach, once he has been nominated by the Dail.<\/p>\n<p>The Taoiseach has certain legal functions. The Taoiseach partakes in Europe Council meetings on behalf of the State.\u00a0 The European Council is the ultimate decision-making body of the European Union. Certain aspects of the role of Taoiseach are defined by the Constitution. Other functions are conferred by legislation. \u00a0\u00a0However, his overall power derives from his (or her) influence and ability to appoint and dismiss Government ministers.<\/p>\n<p>The Taoiseach nominates Ministers for appointment by the President. He can compel them to resign at any time and for any reason.\u00a0 He nominates also nominates Ministers of State.<\/p>\n<p>A Taoiseach can request the President to dissolve the Dail and thereby trigger a General Election. Where the Taoiseach has lost the support of the majority of the Dail, the President has an absolute discretion to refuse a dissolution. \u00a0This facilitates a change of government without an election.<\/p>\n<p>The extent to which a Taoiseach is \u201cchairman\u201d of the Government, or \u201cchief\u201d depends to some extent, on his or her personal style. \u00a0A Taoiseach may seek consensus or may be more forceful in having his or her view, prevail.<\/p>\n<p>The Tanaiste acts in place of the Taoiseach during his temporary absence, death or permanent incapacity, until the appointment of a new Taoiseach.\u00a0 The Tanaiste is often the leader of the smaller party in a coalition. Every Government in the last 20 years has been a coalition government of some description.\u00a0 In a coalition, the Taoiseach\\&#8217;s relationship with the minority party leader, who is usually the Tanaiste is critical.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Department_of_the_Taoiseach\"><\/span>Department of the Taoiseach<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Department of the Taoiseach provides support, policy advice and information for the effective conduct of government. It is a relatively small department headed by a Secretary-General, who is also Secretary General to the government. \u00a0Amongst its strategic priorities are Northern Ireland, EU, international affairs, economic and social policy.<\/p>\n<p>The Department\u2019s functions include the coordination, preparation and processing of government business in the Dail and Seanad, formulation of policy and overseeing policy of major national importance, major state protocol, liaison with the President and provision of the government secretariat.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Ministers\"><\/span>Ministers<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Constitution lays down that there should be between 7 and 15 government ministers. The Taoiseach nominates the members of the government and they are formally appointed by the President. Government members are generally TDs. Up to two members may be Senators.<\/p>\n<p>Government ministers are generally in charge of a particular department. \u00a0From a legal perspective, the department is the minister. \u00a0The minister is, strictly speaking, an office or a legal entity held by a particular officeholder. \u00a0Therefore the office of a particular minister e.g. for finance exists separate from the person who happens to be Minister for Finance.<\/p>\n<p>Ministers attend the Dail and are entitled to be heard.\u00a0 They frequently introduce legislation and answer questions on particular matters affecting the department they head.<\/p>\n<p>Numerous laws confer powers on government ministers to administer the affairs of the State.\u00a0 In this sense, the minister really means the department concerned. \u00a0However, strictly speaking, most decisions are made in the minister\\&#8217;s name and the minister has ultimate responsibility for acts of his department.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Functions_of_Government\"><\/span>Functions of Government<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Government makes high-level decisions in relation to public policy matters in the\u00a0 State. Though its Departments, the Government formulates policies and presents laws and proposals to the Oireachtas (parliament). \u00a0It is also in charge of the management and implementation of all existing laws and policies and in overall charge of the management of the State.<\/p>\n<p>Government Departments make proposals for new laws. Sometimes, a \u201cGreen Paper\u201d setting out proposals and perhaps inviting comment, and a \u201cWhite Paper\u201d, which is a statement of proposals, are prepared in advance. The proposals are brought before the Government for approval. Bills are then prepared by the parliamentary draftsmen and laid before the Dail and Senate for passing into law.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Proposal_of_Legislation\"><\/span>Proposal of Legislation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In theory, any member of the Oireachtas can propose legislation. In practice, most legislation is prepared by and promoted by government departments. The government has an enormous influence on lawmaking as well as on the administration of the current laws and State.<\/p>\n<p>Legislation often commences with a Green Paper which sets out broad proposals.\u00a0 A White Paper often follows which sets out more tangible proposals.\u00a0 The Attorney General\\&#8217;s office through the Parliamentary draftmans\\&#8217; office, drafts bills. Bills are ultimately drafted setting out the change in the law and introduction into the\u00a0 Oireachtas.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Proceedings_of_Government_I\"><\/span>Proceedings of Government I<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Government acts collectively and its proceedings are confidential. It is collectively responsible for its actions. Its business is subject to strict cabinet confidentiality.\u00a0 Internal discussions and disagreements are not publicised.<\/p>\n<p>The government acts collectively and their proceedings are confidential.\u00a0 Ministers may discuss and debate particular matters.\u00a0 However, there is a tradition that they act unanimously in public and do not express dissent once a matter of our policy has been determined. \u00a0They may, of course, resign if they disagree with it.<\/p>\n<p>The Government generally meets, at least once a week, and sometimes more. Ministers, the Attorney General and certain so-called \u201csuper junior\u201d ministers may attend. \u00a0The government makes very high-level policy decisions. The Government in the sense of its Ministers\/members in formal meeting is commonly referred to as the \u201ccabinet\u201d.<\/p>\n<p>The Government Secretariat coordinates the agenda and proposed business. The Cabinet Handbook deals with procedures for cabinet meetings. \u00a0Items on the Cabinet agenda will usually be the subject of a memorandum by the relevant Department.<\/p>\n<p>This will summarise the proposal and set out arguments for and against.\u00a0 Staffing costs must be indicated as well as views of other departments. \u00a0Copies of the proposal are circulated to the Cabinet members in advance of the meeting, as part of the agenda.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Proceedings_of_Government_II\"><\/span>Proceedings of Government II<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Cabinet may vote on proposals.\u00a0 In practice, the Cabinet will try to act unanimously although occasionally votes may occur. In the case of coalition governments, it is likely that the leading party members in the Government will need to agree to the proposal.<\/p>\n<p>Generally, differences between Departments will have been worked out in advance, rather than over the Cabinet table. \u00a0Ultimately, however, the Government decides on the merits or otherwise of the proposals.<\/p>\n<p>Government departments are advised of the Cabinet decisions and are obliged to implement them. \u00a0Government departments will brief the permanent Secretaries-General of the Department and senior officials in relation to decisions.<\/p>\n<p>Cabinet records are kept secret.\u00a0 They are generally transferred to the National Archives after 30 years.\u00a0 Government records such as ministerial briefing papers, advisory papers but not Cabinet discussions are withheld for 10 years.\u00a0 Actual discussions are exempt from legally compel disclosure.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Responsibility_to_Oireachtas\"><\/span>Responsibility to Oireachtas<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Government is in principle answerable to the Dail, which has the power to elect and dismiss it. The Dail is entitled to hold ministers accountable by raising questions of ministers in respect of their department. In practice, the Government must control the majority of the Dail, so that the extent to which the Dail may effectively, holds it to account, is limited.<\/p>\n<p>Each minister has overall responsibility for his department. He may be held accountable by the Dail He will attend the Dail at regular intervals to answer questions on particular matters affecting his department.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Departmental_Powers_and_Authority\"><\/span>Departmental Powers and Authority<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is a critical feature of democratic government, that the Governmental Authorities must act in accordance with law.\u00a0 A large proportion of the legislation and law in force relates to the mechanics of the working of various departments and agencies. Their workings and mechanics are set out in legislation, Departmental Circulars and practice. The legislation defines how the particular powers and authorities must be exercised.<\/p>\n<p>Many legal powers are exercised directly by Government Departments. Numerous laws confer powers on government ministers. In this sense, the Minister refers to the Department concerned. Most decisions are made in the minister\\&#8217;s name and the minister has ultimate responsibility for the acts of his department.<\/p>\n<p>Many functions of Government are exercised through independent agencies, which have been established by law. Their members are generally appointed by the Government or the designated Minister. The agencies are usually accountable or responsible to the Government Department or the Oireachtas.<\/p>\n<p>A vital aspect of government is the making of the annual budget. \u00a0The Department of Finance has overall responsibility for the income and expenditure of the State. Each year, estimates of revenue and expenses are set and reflected in the Government\u2019s budget.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Ethics\"><\/span>Ethics<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Ministers and Ministers of State are precluded from membership of local authorities. It is recognized as undesirable for a minister to hold any other office and in practice, they do not do so.<\/p>\n<p>The Ethics in Public Office Act obliges certain disclosures of interest held by public officeholders.\u00a0 It also deals with gifts of other such matters which might comprise independence in office.\u00a0 Broadly speaking gifts etc. should not be accepted.\u00a0 Valuable gifts should be surrendered to the State where there given by virtue of the office.\u00a0 Certain other gifts that cannot be surrendered, are subject to guidelines.<\/p>\n<p>The Standards in Public Office Commission has prepared codes of conduct for accountability in public life.\u00a0 It has published codes for senior civil servants and other officeholders.<\/p>\n<p>Officeholders are obliged to uphold the highest standards act, in good faith with transparency, fairness and and impartiality in promoting the public good in the performance of their functions. \u00a0They are obliged to act only by reference to dedicate the resources to the furtherance of the public interest.<\/p>\n<p>It limits donations to public political parties and expenditure.\u00a0 Details of certain donations must be published.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Press_Office_and_Chief_Whip\"><\/span>Press Office and Chief Whip<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Government press secretary and Government Information Services are based in the Department of the Taoiseach.\u00a0 They supply news and official documents to the media. The provides information and briefings, press conferences and provide background statements to official statements.<\/p>\n<p>The Government Chief Whip is a Minister for State in the Department of the Taoiseach. \u00a0The Chief Whip\\&#8217;s role is to ensure that Government business is placed before the Dail and to ensure attendance of deputies on the Government side.\u00a0 Its primary function is to ensure the government is in a position to secure that its proposals are passed into law and that TDs are available to vote.<\/p>\n<p>The officials in the Chief Whip\\&#8217;s office maintain contact with the minister\\&#8217;s offices in relation to the agenda for parliamentary business. A period of time is allocated once a week during Tuesdays and Wednesdays when the Dail is sitting, for questions to the Taoiseach.<\/p>\n<p>Under the Constitution, the Taoiseach is to keep the President informed on domestic and international policy. The office of the Taoiseach is involved in drawing up programmes, preparations for speeches, invitations aboard and certain other functions for the President.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-4881\" data-postid=\"4881\" class=\"themify_builder_content themify_builder_content-4881 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>The Government The Government is the body designated by the Constitution to govern and administer the State.\u00a0 They are at the apex of the \u201cexecutive\u201d arm of the State. The Constitution lays down that there should be between seven and fifteen government Ministers. The Taoiseach nominates the members of the Government and they are formally [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[200],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/4881"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=4881"}],"version-history":[{"count":1,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/4881\/revisions"}],"predecessor-version":[{"id":13215,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/4881\/revisions\/13215"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=4881"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=4881"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=4881"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}