Samiksha Jaiswal (Editor)

Confidence motions in Dáil Éireann

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If a motion of no confidence in the Taoiseach or Government of Ireland is passed by Dáil Éireann, or a motion of confidence is defeated, then the Constitution requires both the Taoiseach and the Government to resign. After this, either a replacement Taoiseach is elected by the Dáil, or the Dáil is dissolved and a general election is held. Motions have twice brought down the government, in each case resulting in an election: in November 1982 and again in November 1992.

Contents

Ensuing dissolutions

In the Westminster model of parliamentary democracy, the minimum support necessary for a cabinet government to continue in office is confidence and supply from the responsible chamber, which in Ireland is the Dáil. Whereas in some jurisdictions the convention is for a prime minister who has lost confidence or supply to call an election, in Ireland he may be unable to do so. The post-1937 Constitution gives the President discretion to refuse to dissolve the Dáil when requested by a Taoiseach who has lost confidence. More often, the Taoiseach has dissolved the Dáil in the face of the imminent threat of losing a confidence motion: in September 1927, 1938, 1944, 1951, 1957, and 1987. The 1922 Constitution of the Irish Free State required an Executive Council which had lost the Dáil's confidence to have its approval for a dissolution; W. T. Cosgrave circumvented this in September 1927 by calling an election while the Dáil was adjourned.

As well as the November 1982 and November 1992 instances of loss of confidence, there has been one occasion when the Irish government fell due to loss of supply in the Dáil. That was in January 1982, when Jim Kemmy withdrew support for the minority Government of the 22nd Dáil by opposing a budget resolution to introduce VAT on children's shoes. President Patrick Hillery acceded to Taoiseach Garret FitzGerald's request for a dissolution, resulting in a general election in February 1982. Brian Lenihan, Snr unsuccessfully tried to persuade the President to refuse a dissolution and allow Fianna Fáil to try to form a new government; an action which caused controversy when he ran in the 1990 presidential election. In 1994, when Labour left the coalition it had formed with Fianna Fáil in 1992, there was neither a confidence motion nor a request for a dissolution. Instead, negotiations led to a new coalition of Fine Gael, Labour, and Democratic Left. Fianna Fáil Taoiseach Albert Reynolds did not attempt to forestall this by requesting a dissolution, because he believed President Mary Robinson would have refused.

There have also been occasions when Seanad Éireann voted on a confidence motion; even if the government had lost the motion, it would not have fallen.

Procedure for motions

The standing orders of the Dáil have no special provisions for confidence motions, which are treated like any other motion. Most motions of no confidence in Ireland have been tabled by an opposition party when the government's majority is secure but it is dealing with scandals, embarrassments, or poor election results. The opposition has no prospect of winning the vote, but can inflict symbolic damage in the debate. The practice in such cases is for the government to replace the opposition motion of no confidence with its own motion of confidence; either by an amendment to the original motion replacing its entire wording, or by using its control of the legislative agenda to pre-empt the usual order of business with a new motion.

References

Confidence motions in Dáil Éireann Wikipedia