
Originally Posted by
QuietKerryman
Perhaps the time has now come for the role of the President in the formation of governments to be redefined.
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The 1937 constitution is very vague on this issue and perhaps the issue has to be looked at given the 1989 and 1992 precedents.
In 1989, for instance, Charlie Haughey lost the support of the Dail in the vote for Taoiseach. He pointed out that he did not have to resign as Taoiseach after the other nominations were also rejected.
Dick Spring, on advice from John Rogers SC, pointed out that Haughey had lost the majority of the Dail and had to resign. Haughey did resign even though he didn't have to. The same happened in 1992 when Albert Reynolds resigned after the Dail failed to elect any Taoiseach.
What the Constitution should say is this: If the Taoiseach resigns after failing to maintain the support of the majority of the members of Dail Eireann, the Taoiseach should present his resignation to the President.
The President then consults with senior political figures to find a way out of the potential political crisis.
She firstly asks the leader of the largest party, if it is the outgoing Taoiseach, to try and form a government and gives him ten days.
In that time, the Dail is adjourned for a week to allow discussions take place with other parties. If, after ten days, the outgoing Taoiseach fails to form a government, he tells the President that he has failed in his attempt. He continues as caretaker Taoiseach while the President calls in the leader of the largest opposition party. He is given ten days. The Dail is further adjourned for another week. If, at the end of that ten day period, the Dail fails to elect a Taoiseach, the caretaker Taoiseach and the leader of the opposition report back to the President and tell her that they have failed.
She then has two options. She can call on the outgoing Taoiseach to try for a second and final time. If, at the end of this period there is still stalemate, the President can, on the advice of the caretaker Taoiseach, order the disollution of the Dail as a way out of the crisis.