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A CARETAKER GOVERNMENT is not an ideal executive at the best of times, much less during a global health emergency. By its nature, a caretaker government lacks democratic legitimacy.
Though it acts in a caretaker capacity, there is no limit on the exercise of its executive powers other than those ordinarily imposed by the Dáil. The absence of constraints on the power of caretaker government makes Ireland an outlier amongst parliamentary democracies.
There is provision for the existence of a caretaker government in the constitution. Article 28.11.2 makes clear that “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.”
This provides clear constitutional legitimacy for the operation of a caretaker government, but it does not provide the democratic legitimacy that a government appointed by and holding the confidence of Dáil Éireann after a successful general election would have.
Currently, the situation whereby three of the fifteen cabinet ministers have failed to hold their seats in the recent general election means they lack a democratic mandate. Yet despite this, perversely, these three ministers as part of the cabinet hold more influence and have more control of the direction of the country than the current Dáil.
This weakness has always been present in our constitution but has only become evident with the recent fragmentation of our party system. Prior to 2016, the longest period that a caretaker government had been in office was 48 days, after the 1992 general election. After the 2016 general election, it took a record 70 days for a new government to be formed. This milestone was itself exceeded on 18 April 2020 after the most recent general election. We are still counting.
With the continued erosion of Ireland’s traditional party system, these interregnum periods are only likely to become longer. Experience in other parliamentary democracies would seem to suggest that 70 plus days to form a government is not in any way unusual.
After the 2010 general election in Belgium, it took the parties a record 541 days to form a government. While this was extreme, lengthy periods of caretaker governments are not unusual, after the last German general election in 2018, it took more than four months for a government to be formed.
‘The new normal’
The fragmentation in the Irish party system means these lengthy interregnums are likely to become the new norm. As such Ireland needs to plan accordingly. In most parliamentary democracies, explicit or implicit caretaker conventions have been developed to guide the actions and state clearly what a caretaker government can and cannot do.
An All-Party Oireachtas Committee on the constitution in 2003 stated that the existing constitutional provisions in relation to caretaker governments are ‘satisfactory and do not require amendment.’ It is important to note, however, that this report was written in a time of relative political stability when governments were quickly formed after clear election results. Since 2016, this has not been the case.
The powers of a caretaker government in Ireland are effectively that of an ordinary government properly voted in by the Dáil, but there is an added dimension in that a caretaker government cannot be removed until a new government is appointed.
As such, it has nothing to fear from any confidence vote, as by its nature it was never intended that a caretaker government would last for long. The current crisis shows the glaring need for a clearer caretaker convention, not to mention legislative and perhaps even constitutional reform.
Allowing a Government that has lost a general election, and some ministers who have lost their Dáil seats to continue in office without any limitation on their power other than that ordinarily imposed by a Dáil does no favours for the image or quality of our democracy.
Now more than ever with a public asked, and indeed required, to comply with increasingly onerous restrictions, democratic legitimacy must be clearly held by those in ‘caretaker’ power.
Hugh O’Donnell is a practising barrister and lectures in law and politics at the Institute of Public Administration. The views expressed in this article are entirely the author’s own.
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Coveney showing true leadership over the last few weeks he should be the next Taoiseach
@MyBrokenKnees: By relaying messages and updates from the medical experts? The politicians are just like us during this disaster. Okay, they would know more about what’s going on behind the scenes but that’s as far as they go.
In saying that, I think all our politicians across all parties have behaved very well during this crisis. They have left their differences to one side as the country navigates through this crisis. That should be noted.
@David Corrigan: Mary and her Sinners have crawled back into their holes and done nothing to reassure the nation.
@MyBrokenKnees: what would you expect them to do when they have no power. SF councillor Maire Devine has re-register as a nurse to help healthcare staff. You’re a troll, a sad one at that, set up an account to jibe at SF. Get a life
@MyBrokenKnees: Clearly your not in control of your senses.
@MyBrokenKnees: Mary Lou,SF health spokesperson,and other party leaders and their health spokespersons, Government and their medical advisors and other experts all meet together for regular meetings every week and get all the same information and also have input in the meetings.This was originally suggested by Mary Lou!!
So that’s what SF has been doing here!!
In the North SF Michelle O Neill wants schools to close and trying to encourage Arlene Foster to agree!
@MyBrokenKnees: Two days before they announced the closure of the school’s and colleges it was widely stated on WhatsApp and Facebook, Crooked Coveney and the boyos were out in force saying it wasn’t true.
@Seanboy: how is it crooked? These things are being done in managed stages on the advice of professionals. It’s not true until they announce it. That’s how it works. It’s how it always works. Any company making a big move will deny until they announce it.
@Dave O’Keeffe: So Ireland is a big company now ? Crooked in my eyes is lying to people who are depending on you for honesty.
@MyBrokenKnees: and leotard and mick are crawling into bed together after saying they wouldn’t using the virus as an excuse.
@MyBrokenKnees: stupid comment
Surprised there isn’t a run on tinfoil given the amount of conspiracy theories I’ve seen this week.
@Pete Gilmartin: and you can blame SiCo for that too . Slipping info out on the hoof.
Spent his ministerial career lying to his local electorate and tells the people now to fall in with his vague and irregular info.
Meglomaniac
@Eugene Walsh: Disgraceful comment.
@Máirtín Ó Conghaile: awww, thanks .
@Eugene Walsh: really is a ridiculous comment. Coveney is to blame for people making up random shite? No, the people that make it up are responsible.
@Dave O’Keeffe: now you’re making up rubb1sh I never said . I wouldn’t believe that man before during or after any event, or his cohorts. Take responsibility as an informed individual and source and deduce the info for yourself. If you cannot do that, go listen to SiCo
@Eugene Walsh: you literally said you can blame Coveney for people making up conspiracy theories. It’s still there in black and white. Take responsibility as an informed individual and source and deduce for yourself.
@Dave O’Keeffe: literally
@Eugene Walsh: yes, having trouble with the word? Here is an explanation: in a literal way, synonym exactly example 1. The word “planet” literally means “wandering body. 2. ”When I told you to “get lost” I didn’t expect to be taken literally. 3. Idioms usually cannot be translated literally into another language.
@Eugene Walsh: do us all a favour and go lick a park bench….good man
@Eugene Walsh: Unfair!Simon Coveney information is from the National Public Health Emergency Team (NPHET),they advise Government and Government passes on that advice!
I’ve a friend of a friend who has been told by management that Harvey Norman are not having a sale this weekend which means the country is going to be placed under martial law
@Erich Butler: I heard yesterday they were closing for two weeks..
@James Lane: The Irish army lockdown? Are you for real, those lads couldn’t lock down a wheelbarrow.
@Erich Butler: that’s it if Harvey has no sale its curtains
So like check the HSE page that wasn’t updated for two days? Or the news articles that are re-reporting figures from yesterday??
@JusticeForJoe:lol
@JusticeForJoe: nah. go with the whastapp messages instead. thats makes more sense
@Delboy79: My point is Coveney & Co should be keeping us a lot better informed. I’m not falling for the Whatsapp crap myself but that doesn’t spare me from the panic effects created around me
@Delboy79: My neighbour’s, cousins, wifes, mothers dog Walker is related to a guard and said that they are doing something… blah blah, hysteria. Let’s all buy 200 rolls of toilet paper and build forts in our living rooms. He also said they are running out of Ukuleles, so better grab them while they are still in stock. Also sticking a hairdryer up your nose is the cure!
@JusticeForJoe: go tell your local TD that then. you think moaning about it it on here will make any difference. sake!!
@Delboy79: You realise this is a comments section and the point is for an expression of opinion, yeah?
@JusticeForJoe: You were moaning,. And you know it. you didn’t express an opinion you posted sarky as F**k questions
@Delboy79: Listen to yourself. Do you understand what irony is?
We’re directed to one official source for information during a viral pandemic that’s spreading rapidly across the world and we’re left to rely on two-day old information.
A lot has changed in those two days and the vacuum for real information is what feeds the misinformation. Stop talking if you don’t understand the situation.
@JusticeForJoe: HSE website is updated today!They already gave the basic advice and they update the advice when needed.
Eg:’Self-isolation and limited social interaction’.hse.ie
Fly home by Thursday is a direct message that something is gng to happen from then on
@pat murphy: more spurious rubbish. He already said that Ryanair and Aerlingus had confirmed they will put on additional flights until Thursday but had looked further out than that. That’s the reason for Thursday – at least read stuff
@pat murphy: Maybe because it’s the Spanish who will be locking down airports?
@pat murphy: It’ll begin with the angelus being cancelled!
Soooo…. Chuck Norris hasn’t got the coronavirus? And the coronavirus hasn’t gone into quarantine for two weeks???
@Eugene Tyson: You will probably need to sit down before I tell you the truth Eugene.
@Eugene Tyson: Chuck Norris does not get coronovirus, coronovirus gets Chuck Norris
This is the negative side of Social Media. For goodness sake listen to the experts and not anonymous messages on WhatsApp. These messages are frightening for everyone.
Credit to The Journal for clarifying that Monday is today. It is this clarity and attention to minutiae that is needed in these times.
The panic is coming from not being locked down yet.
@Adam Conroy: yeah, because that wouldn’t cause panic or give people more time to come up with this shite
These messages circulating on social media are very upsetting to families and the elderly. The perpetrators should be tracked down and prosecuted.
@John O’Brien:
And anyone who forwards them on should also be prosecuted. If you receive one from someone you know, reply to them with a bollocking
More idiots and fear mongers. I have no idea what they have to gain by inventing and circulating this stuff.
I also have no idea why others are so quick to forward it without verifying the source of it.
Please cop on.
@Dara O’Brien: to be fair, I forwarded it to all my elderly relatives with a detailed explanation of why it wasn’t true just in case they got it from somewhere else
@Dave O’Keeffe: What was your explanation?
Blocked one person for sharing a WhatsApp message about lockdown, not understanding that she was contributing to panic by sharing it and finally, when all that was pointed out to her, she laughed. Laughed. This is a mother and grandmother we’re talking about, not a kid. So many clueless adults out there.
Trust the Government ???? NEVER
@Tony Kennedy: You’re right Tony, trust WhatsApp instead.
Unless the message comes directly from the horse’s mouth – IGNORE!
@Tom Bomb: A talking horse?
@Niall Hollywood: Mr Ed is back…
@Niall Hollywood: Mr Ed..
We don’t need fake stories to have panic. What is happening in reality is scary enough if you have a compromised immune system or a loved one with one. The projected figures are staggering so actually not having lockdown is scarier
@Nell foran: carefully managed steps.
The media caused the panic, trying to deflect it onto social media. Can see them going after social media bigtime after this.
@Derek Durkin: Whose “them”?
The defence forces numbers have been gutted in the last 20 years. There’s only about 10,000 in total including the reserves. There’s about 1,000 deployed overseas so in reality there’s only 9,000 on standby.
With those numbers I’d imagine a full military lockdown would not be really possible and whatever is being planned is probably to assist the Gardai to prevent looting etc.
@Stephen Woods: In addition the defence forces can fill/supplement roles in other essential services such as the ambulance service , fire brigade, blood bikes and other essential logistics.
We have to be sensible and follow all advice we’re given by Government as they’re just passing on the experts advice
And then on Tuesday….!!!!
Coveney has to be the most useless minister we have, after Harris
@Divad Nayr: tweet tweet tweet
I’ve received numerous messages like that over the last wee or two, I received two yesterday alone. In all cases, I pointed out that the messages are nothing more than spam.
The phone networks (for text messages) and WhatApps should trace the original of the messages and inform the Gardai.
The person or persons should be prosecuted.
I agree but
You knew it was fake when the plan involved encouraging people to gather outside shops and cutting their opening hours. If anything they’d be extended
Johnson government denounced for COVID-19 “herd immunity” policy
https://www.wsws.org/en/articles/2020/03/16/herd-m16.html
@PV Nevin:
You have much bigger problems in your life than COVID-19 if you are taking your news from the “World Socialist Web Site”
They don’t even know that “website” is one word. Get a grip.
When your actually think about it, some idiot sat down and typed that first message, then was shared by other idiot’s.
This behaviour has caused stress and fear to vulnerable people. Tracing and prosecution of the creators is the only way to combat this.
Can’t escape these rumours. Even my mother is telling me she heard them from this and that. As someone with an anxiety disorder, it’s been getting to me.
@Rei: when you hear one just check the official website for verification. If it’s not there it’s not happening. This bit won’t help your anxiety but it’s the truth, just becaise something hasn’t been verified yet doesn’t mean it won’t happen and a lockdown is still a possibility. Prepare for one calmly and then if it doesn’t happen no loss.
@Rei: Don’t listen to rumours!
The National Public Health Emergency Team (NPHET)advices Government and Government passes on their information and advice for the public what to do at different stages of the spread of Convid-19.NPHET also follow advices from WHO and European Centre for Disease Prevention and Control (ECDC)Not only that ,all the leaders of the political parties,their health spokespersons, Government and the experts who advice Government plus other experts meet weekly to get information and have input.
There is cross party support re handling Convid19 and remember they all have families and many have relatives who are in the vulnerable catergories so they will work well to limit the spread and affects on our loved ones.There will be money for those who can’t work because of restrictions, emergency funding for SMEs,extra resources for hospitals,etc.
So proper information on Gov.ie,HSE.com& during press conferences.
It is reassuring that we have excellent experts here and WHO&ECDC so just follow that advice.We’re in this together,we will get through this together, we have to adhere to advice eg social distancing and hand washing,you’re not alone.
Social media has kept everyone one step ahead.
This is why there is so much toilet paper been sold, as there is so much crap on social media from clowns trying to cause panic. Don’t believe everything you read hear unless it comes from the experts themselves. Say safe.
Emergency law – criminal offence for initiators of fake news – get it stated on the news and traditional media
They should use those big machines that spray out and cleanse the town’s streets, like they have done in china, and have Caronoviris tests given out to every household in Ireland, ( we are only a small country) and manufacturers and factorys will need strict guidlines, and as for the hype, every story that is not hype should have a True or Fake badge above the story that lets the people know what they are reading is true or fake…there is no other way people can work out every story unless the bona fide ones come along with some sort of granted verification.
Surely the source can be traced and action taken against those responsible.
have your say