The effectiveness of the legislative and scrutinising roles in the Republic or Ireland. - page 1
Keywords: republic of ireland legislative scrutiny dail eireann td teachta dala
By exploiit on 19/06/2010
Level: A Level (Year 13)
Page Number: 1 of 4 pages: 1 2 3 4
Although the role of legislating is provided to both the Dáil and the Seanad, bills are very rarely proposed by members of either House. Instead, the majority of bills proposed are done so by members of the executive. In order to do this, ministers put forward a ‘memorandum for government’, which includes a description of the bill’s purpose, views of any minister concerned with the specific issue and an outline draft of the bill. If the government approves this proposal, the cabinet secretary sends a request to the Attorney General, asking for legislation to be drafted in accordance with the minister’s memorandum. Professional barristers prepare this legislation and not the minister so as to ensure the legislation is drafted correctly. This is an effective measure if adequate time is allowed for legislation to be drafted, but this is often not the case and barristers are under pressure to work hastily, and this can result in legislation being formed badly and with shaky foundations.
For this reason, the Dáil is frequently criticized for only legitimizing legislation and not forming any, being described by Dinan as a “glorified rubber stamp”. Bills which are passed into law usually have one thing in common – they having the backing of the government. Of course, this has much to do with the fact that ministers are largely responsible for legislating. Nevertheless, opposition TDs find it increasingly difficult to pass legislation without support and this showcases the often ineffective and somewhat biased nature of legislating in the Dáil.
However, the Dáil does have other opportunities to legislate effectively. On average, 36 pieces of legislation are passed each year – a number which increases during the year of an election. This can probably be attributed to the fact that, with so much going on in terms of campaigns, election-time can be useful for introducing unpopular legislation under the public radar. Introducing legislation at this time can also allow a government to be seen as delivering and this too could be a reason for the increase.
The five-stage passage of any bill can also allow for TDs to effectively legislate. The debate (second) stage of passage first allows TDs to discuss the principle of a bill and so provides them with a chance to criticize or suggest amendment to the proposed legislation. The committee (third) stage is perhaps a TDs best chance at effectively legislating in the Dáil. Prior to 2002, the
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