Sir, – Geraldine Kennedy ("Lack of trust between Fianna Fááil and Fine Gael is real obstacle", Analysis, March 22nd) informs your readers that "The only constitutional imperatives for the defeat of the government are a defeat on the annual budget or a motion of confidence which can be tabled every six months. The rest is custom and practice". The reality of the situation is not so clear.
The Constitution is laconic on the issue, simply stating “The Taoiseach shall resign from office upon his ceasing to retain the support of a majority in Dáil Éireann” (Article 28.10). Absent from the text is any mention of a budgetary defeat, and the word “confidence” is not used at all. In fact, the rule that confidence motions may only be tabled every six months is set out in the Dáil standing orders, and can be changed by the Dáil itself. Furthermore, the Ceann Comhairle is explicitly empowered to allow more frequent confidence votes as he sees fit.
What “ceasing to retain the support” of the Dáil actually means in practice is a matter of constitutional convention, inherited from Westminster. A loss of “supply” (a defeat on the budget), a defeat on a confidence motion, and a defeat on the second reading of a bill which was central to the government’s manifesto have all traditionally been considered “confidence measures”, demanding a trip to the Áras.
What Fianna Fáil appears to be suggesting is that the last category of defeat mentioned – the second reading of a major Bill – would cease to be regarded by the House as necessitating the fall of the government. This is an area in which the courts will not involve themselves, regarding it as a “political question”, and therefore the matter is up to the incoming members of the 32nd Dáil. – Yours, etc,
CATHAL MALONE, BL
Carrigaline, Co Cork.
Sir, – Is it surprising that negotiations about the formation of a new government are taking so long when any smaller party or group that engages in government is subsequently treated harshly by the electorate? – Yours, etc,
JOHN FAGAN,
Killiney,
Co Dublin.
Sir, – Given our newly elected TDs’ pathetic efforts at forming (or not forming) a new government, maybe we need to change the rules governing their election.
How about a referendum to agree that if TDs fail to put in place a functioning government within two months of their election, then a new election will be called and all current TDs will be precluded from being elected in the following Dáil.
That would focus their minds and move things along! – Yours, etc,
BRIAN CULLEN,
Rathfarnham,
Dublin 16.
Sir, – How many weeks have we managed without a government? Do we really need one sitting in Leinster House? – Yours, etc,
EVE PARNELL,
Dublin 8.
A chara, – Nicholas O’Connor (March 24th) chastises Catherine Byers (March 23rd) for advocating a coalition of both major parties, suggesting that such a coalition was not what the Irish people wanted when they “voted for Independents and for change”. I am one of those who voted for Independents and change and, while I do not trust either of those parties, I suspect that such a coalition could now provide stable government.
I also suspect that there are many obstacles to such a government being formed but believe that the two biggest obstacles are Enda Kenny and Micheál Martin and ask, if this is the case, if it is beyond the realm of possibility that both party leaders might resign and allow their successors to negotiate a programme for government? – Is mise,
GREG SCANLON,
Shannon,
Co Clare.
A chara, – While voting may not be “an all-day affair” as John Doherty (March 24th) points out, he might want to check with the counting staff in Longford-Westmeath and Dublin Bay North before he calls for another general election. – Is mise,
LOMAN Ó LOINGSIGH,
Dublin 24.