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Mitchell Principles

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38-682: The Mitchell Principles were six ground rules agreed by the Irish and British governments and the political parties in Northern Ireland regarding participation in talks on the future of the region. They were named for United States Senator George Mitchell , who was heavily involved in the Northern Ireland peace process as the United States Special Envoy for Northern Ireland . All involved in negotiations had to affirm their commitment: Sinn Féin 's acceptance of

76-661: A Senator from May 1957 to November 1957, after being nominated by the Taoiseach . He was also elected as a Teachta Dála (TD) from 1921 to 1923 and from 1932 to 1957. Moylan was born in Kilmallock , County Limerick , in 1889. He was educated locally and was from a strong republican background which saw him join the Gaelic League and the Gaelic Athletic Association (GAA). He trained as

114-766: A carpenter's apprentice and worked in Dublin . In 1914, Moylan joined the Kilmallock division of the Irish Volunteers but left in 1914, when his apprenticeship finished and he moved to set up a business in Newmarket, County Cork . There he joined the local division of the Volunteers again. Following reorganisation after the 1916 Easter Rising , Moylan was appointed Captain of the Newmarket division. During

152-622: A member of the Oireachtas , which consists of Dáil Éireann and Seanad Éireann . Most ministers have a portfolio of specific responsibilities such as departments or policy areas, although ministers without portfolio can be appointed. The Taoiseach must be nominated by the Dáil , the house of representatives. Following the nomination of the Dáil , the President of Ireland appoints

190-544: A number of occasions, and these may be cited together as the Ministers and Secretaries Acts 1924 to 2017 and are construed together as one Act. All governments from 1989 to 2016 were coalitions of two or more parties. The first coalition government was formed in 1948. The Taoiseach has almost always been the leader of the largest party in the coalition, with the exceptions of John A. Costello , Taoiseach from 1948 to 1951 and from 1954 to 1957 (a member of Fine Gael but not

228-462: A party from a coalition. No more than two members of the cabinet may be members of Seanad Éireann . All other members of the cabinet must be members of Dáil Éireann , the house of representatives. The Taoiseach , Tánaiste and Minister for Finance must be members of the Dáil. In practice, however, the members of the cabinet are invariably members of the Dáil. Since the adoption of the 1937 constitution, only two ministers have been appointed from

266-594: A phrase in correspondence by government departments, "the Minister has directed me to write", on letters or documents that the minister in question may never have seen. If the Government, or any member of the government, should fail to fulfil its constitutional duties, it may be ordered to do so by a court of law, by a writ of mandamus . Ministers who fail to comply may, ultimately, be found to be in contempt of court , and even imprisoned. Prior to independence,

304-542: Is Micheál Martin , leader of Fianna Fáil . It is a majority coalition government of Fianna Fáil , Fine Gael and the Green Party . It was formed after protracted government negotiations following a general election on 8 February 2020. Membership of the cabinet is regulated by Article 28 of the Constitution of Ireland and by the Ministers and Secretaries Acts 1924 to 2017 . The Constitution requires

342-465: Is expected to maintain political impartiality in its work, and some parts of it are entirely independent of Government decision making. Simon Harris was nominated as Taoiseach by Dáil Éireann on 9 April 2024 and appointed by the president . Harris proposed the nomination of the members of government, and after their approval by the Dáil, they were appointed by the president. Se%C3%A1n Moylan Seán Moylan (19 November 1889 – 16 November 1957)

380-473: Is informally known as a "super junior minister". Currently Jack Chambers , Hildegarde Naughton and Pippa Hackett are Ministers of State who attend cabinet. Trinity College Dublin law professor Oran Doyle has argued that this practice breaches cabinet confidentiality as required by the Constitution . A new government is formed by the Taoiseach appointed after each general election after receiving

418-445: Is not formally a member of the Government, but who participates in cabinet meetings as part of their role as legal advisor to the Government. The Chief Whip may attend meetings of the cabinet, but is not a member of the Government. In addition, the Government can select other Ministers of State who may attend cabinet meetings. Up to three Ministers of State who regularly attend cabinet meetings may receive an allowance. This person

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456-403: Is responsible for the actions of his or her department. Departments of State do not have legal personalities. Actions of departments are carried out under the title of ministers even, as is commonly the case when the minister has little knowledge of the details of these actions. This contradicts the rule in common law that a person given a statutory power cannot delegate that power. This leads to

494-612: Is the health sector with over 105,000 employees (largely in the Health Service Executive ), followed by the education sector with approximately 98,450. The civil service of Ireland consists of two broad components, the Civil Service of the Government and the Civil Service of the State . While this partition is largely theoretical, the two parts do have some fundamental operational differences. The civil service

532-455: The 1932 general election . He was appointed a Parliamentary Secretary in 1937. He was appointed to the Cabinet in 1943 as Minister for Lands. Moylan remained in this office until 1948 when the party went into opposition. He served as Minister for Education from 1951 until 1954, when Fianna Fáil lost power again. Moylan lost his Dáil seat at the 1957 general election , but was nominated by

570-601: The Irish Civil War . The north and west Cork area proved to be some of the last areas to fall to the pro-Treaty forces. He was Director of Operations of the Anti-Treaty forces and a member of the IRA Executive, holding the rank of commandant-general. In 1926, Moylan originally opposed the setting up of Fianna Fáil but joined the new party later that year. He was elected a Fianna Fáil TD for Cork North at

608-846: The Irish Free State on 6 December 1922, both executives were succeeded by the Executive Council of the Irish Free State . On 29 December 1937, on the coming into force of the Constitution of Ireland, the Eighth Executive Council of the Irish Free State became the First Government of Ireland . The detail and structure of the Government of Ireland has its legislative basis in the Ministers and Secretaries Act 1924; it has been amended on

646-669: The Irish War of Independence he was Commandant of the Cork No.2 Battalion of the Irish Republican Army and led the Active Service Unit in the north of County Cork during 1920. On 5 March 1921 Moylan led an ambush of a British convoy at Clonbanin (see Clonbanin ambush ) in which Colonel Commandant Hanway Robert Cumming and other British officers were killed. He had risen to the rank of Officer Commanding

684-758: The Taoiseach to their role. The President also appoints members of the government, including the Tánaiste , the deputy head of government, on the nomination of the Taoiseach and their approval by the Dáil . The government is dependent on the Oireachtas to pass primary legislation and as such, the government needs to command a majority in the Dáil in order to ensure support and confidence for budgets and government bills to pass. The current government entered office on 9 April 2024 with Simon Harris , leader of Fine Gael , as Taoiseach . The Tánaiste

722-417: The nomination of the Dáil . All members of the government are deemed to have resigned on the resignation of the Taoiseach. Therefore, a new government is appointed where there is a new Taoiseach within a single Dáil term. The Constitution allows a Dáil term of no more than seven years, but a shorter period may be specified by law; this has been set as a maximum of five years. The Taoiseach may at any time advise

760-794: The Cork No.2 Brigade when he was captured and interned in Spike Island in May 1921. Moylan was elected to Dáil Éireann , while in prison, as a Sinn Féin TD to the Second Dáil . He was released in August 1921 to attend the Dáil. Moylan opposed the Anglo-Irish Treaty and left the Dáil with the other Anti-Treaty deputies following its ratification. Moylan fought on the Republican side in

798-495: The Government in the office at the date of a dissolution of Dáil Éireann shall continue to hold office until their successors shall have been appointed". Where the resignation of the Taoiseach and government is not immediately followed by the appointment by the president of a new Taoiseach on the nomination of the Dáil, the outgoing government continues as a caretaker government to "carry out their duties until their successors have been appointed". This has happened when no candidate

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836-699: The Government who is not the head of a Department of State; this occurred during the period known in Ireland as the Emergency when Frank Aiken served as Minister for the Co-ordination of Defensive Measures from 1939 until 1945. The functions of government ministers are frequently transferred between departments during cabinet reshuffles or after elections. On occasion, a department of state will cease to exist, its functions being transferred to another department. Such defunct ministerial positions include

874-489: The Ministers for Labour , Posts and Telegraphs , Public Service and Supplies . Non-members have no voting rights at Cabinet but may otherwise participate fully, and normally receive circulated Cabinet papers on the same basis as a full member of Government. Votes are rare, however, with the cabinet usually following the Taoiseach or working by consensus. The Government is advised by the Attorney General , who

912-459: The President to dissolve the Dáil, prompting a new general election. The President retains absolute discretion to refuse to grant a dissolution to a Taoiseach who has lost the confidence of the Dáil. To date, no President has refused the request of a Taoiseach to dissolve the Dáil. The Taoiseach must retain the confidence of Dáil Éireann to remain in office. If the Taoiseach ceases "to retain

950-547: The Seanad: Seán Moylan who served in 1957 as Minister for Agriculture and James Dooge who served as Minister for Foreign Affairs from 1981 to 1982. Joseph Connolly , a member of the Free State Seanad , had served in the Executive Council of the Irish Free State from 1932 to 1933 as Minister for Posts and Telegraphs , and from 1933 to 1936 as Minister for Lands and Fisheries . A member of

988-454: The Taoiseach to Seanad Éireann as a senator later that year. He was later appointed to the cabinet as Minister for Agriculture, making him the first senator to be appointed a government minister. Seán Moylan died suddenly on 16 November 1957. He was buried in Kiskeam, County Cork. Speaking at an event commemorating the 50th anniversary of his death, Brian Lenihan Jnr suggested that Moylan

1026-444: The Taoiseach resigns, the entire Government is deemed to have resigned as a collective. However, in such a scenario, according to the Constitution, "the Taoiseach and the other members of the Government shall continue to carry on their duties until their successors shall have been appointed". On the dissolution of Dáil Éireann, ministers are no longer members of the Oireachtas. However, the Constitution also provides that "the members of

1064-657: The executive of the unilaterally declared Irish Republic was the Ministry of Dáil Éireann . This was in operation from 1919 to 1922. After the approval of the Anglo-Irish Treaty in January 1922, a Provisional Government of Ireland was established as the executive. The personnel of the Provisional Government overlapped with the Ministry of Dáil Éireann, but they were not identical. On the independence of

1102-420: The government in charge of a Department of State is designated a minister of the Government (before 1977 this position was termed Minister of State ). For distinction, Ministers of State (known before 1977 as Parliamentary Secretaries ) – informally called junior ministers – are not Ministers of the Government, but assist those Ministers in their Departments. A minister without portfolio may be appointed to

1140-462: The government to consist of between seven and fifteen members, all of whom must be a member of the Oireachtas . Since the formation of the 12th Government of Ireland in 1966, all Irish cabinets have been formed with the constitutional maximum of fifteen ministers. The total sometimes falls below this number for brief periods following the resignation of individual ministers or the withdrawal of

1178-421: The head of state is the nominal chief executive, though bound by convention to act on the advice of the cabinet. In Ireland, however, the Constitution explicitly vests executive authority in the Government, not the President. The executive authority of the Government is subject to certain limitations. In particular: Government ministers are collectively responsible for the actions of the government. Each minister

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1216-477: The party leader) and Leo Varadkar , since 2022 (leader of Fine Gael, in a three-party coalition where Fianna Fáil is the largest party). The public service in Ireland refers to the totality of public administration in Ireland. As of Q3, 2016 the total number of employees in the Irish public service stands at 304,472 people. The Department of Public Expenditure, National Development Plan Delivery and Reform defines

1254-524: The principles was strongly criticised by more hardline republicans and led to resignations within the party. Irish government The Government of Ireland ( Irish : Rialtas na hÉireann ) is the executive authority of the Republic of Ireland , headed by the Taoiseach , the head of government . The government – also known as the cabinet – is composed of ministers , each of whom must be

1292-486: The public service as comprising seven sectors: the Civil Service , Defence Sector , Education Sector , Health Sector , Justice Sector , Local Authorities and Non-Commercial State Agencies ; such as Bord Bia , IDA Ireland and the Commission for Energy Regulation . Commercial state-owned bodies such as RTÉ , ESB Group and An Post are not considered part of the public service in Ireland. The largest sector

1330-435: The support of a majority in Dáil Éireann", the Taoiseach must resign unless they seek a dissolution of the Dáil which is granted by the President. This applies only in cases of a motion of no confidence or loss of supply (rejection of a budget), rather than the defeat of the government in other legislation or Dáil votes. The Taoiseach can direct the President to dismiss or accept the resignation of individual ministers . When

1368-568: Was "one of the most outstanding military leaders in the War of Independence". Moylan is mentioned in the Irish folk ballad " The Galtee Mountain Boy ", along with Dinny Lacey , Dan Breen , and Seán Hogan . The song, written by Patsy Halloran, recalls some of the travels of a " Flying column " from Tipperary as they fought during the Irish War of Independence, and later against the pro-Treaty side during

1406-432: Was a senior officer of the Irish Republican Army and later a Fianna Fáil politician. He served as Minister for Agriculture from May 1957 to November 1957, Minister for Education from 1951 to 1954, Minister for Lands from 1943 to 1948, Parliamentary Secretary to the Minister for Finance from February 1943 to June 1943 and Parliamentary Secretary to the Minister for Industry and Commerce from 1937 to 1943. He became

1444-416: Was nominated for Taoiseach when the Dáil first assembled after a general election, or, on one occasion, where a Taoiseach had lost the confidence of the Dáil, but there was not a dissolution of the Dáil followed by a general election. Unlike the cabinets in other parliamentary systems, the Government is both the de jure and de facto executive authority in Ireland. In some other parliamentary regimes,

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