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Legislation since general election

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  • 05-05-2020 9:38pm
    #1
    jd1983
    Registered Users Posts: 186 ✭✭


    I hope this is the right forum but just wanted to get some clarity regarding how legislation gets passed.
    I keep hearing that legislation can't be passed until a new government is in place. However what about all the emergency legislation that was put in place for the COVID crisis? Did such legislation require a vote by the dail and seanad? Or can the cabinet force through legislation in some instances?


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    #2
    Caranica
    Registered Users Posts: 10,083 ✭✭✭✭Caranica


    Legislation could be passed until the Seanad election so they had a number of weeks with a full Oireachtas.


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    #3
    jd1983
    Registered Users Posts: 186 ✭✭jd1983


    Caranica wrote: »
    Legislation could be passed until the Seanad election so they had a number of weeks with a full Oireachtas.

    Does that mean legislation can't be passed at the moment?

    Is that because the Taoiseachs picks for the Seanad haven't been selected yet? If so, why don't they allow the previous picks to continue in a caretaker role?


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    #4
    Peregrinus
    Registered Users Posts: 26,332 ✭✭✭✭Peregrinus


    jd1983 wrote: »
    Does that mean legislation can't be passed at the moment?

    Is that because the Taoiseachs picks for the Seanad haven't been selected yet? If so, why don't they allow the previous picks to continue in a caretaker role?
    The Constitution explicitly provides for government ministers to continue in office after an election until a new Taoiseach is elected. It makes no such provision for members of the Seanad. On the contrary, it says that all members of Seanad Eireann cease to hold office on the day before a Seanad general election. (A seanad general election happens within 90 days after a Dail general election.) You couldn't change this without a referendum.


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    #5
    Caranica
    Registered Users Posts: 10,083 ✭✭✭✭Caranica


    jd1983 wrote: »
    Does that mean legislation can't be passed at the moment?

    It does. Statutory Instruments can be signed by Ministers in accordance with pre-existing legislation though, hence the specifics on lockdown.


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