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.[1] 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.[2]

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.[3][4] More often, the Taoiseach has dissolved the Dáil in the face of the imminent threat of losing a confidence motion: in September 1927,[n 1] 1938, 1944, 1951, 1957, and 1987.[5][6] 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;[4][7] W. T. Cosgrave circumvented this in September 1927 by calling an election while the Dáil was adjourned.[4]

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.[8][9][d 1] 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.[10] 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.[5][11]

There have also been occasions when Seanad Éireann voted on a confidence motion;[12][13] 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.[6] 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.[2][6] 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.[14][15]

List of motions

Date Govt
No.		 Govt
parties		 Proposer Govt majority (votes) Motion Context
16 August 1927[d 2] 3rd Free State Cumann na nGaedheal Labour Thomas Johnston 0 (72–71[n 2]) That the Executive Council has ceased to retain the support of the majority in Dáil Eireann Fianna Fáil had just ended its abstentionism, so that the Cumann na nGaedheal government no longer had a Dáil majority.[4][16] Fianna Fáil had agreed to support a minority government of Labour and the National League Party.[4][16] However, two National League TDs failed to support the motion: Vincent Rice defected to Cumann na nGaedheal, and John Jinks was mysteriously absent.[4][16][17] W. T. Cosgrave secured a Dáil adjournment, then dissolved the Dáil before it had a chance to table another confidence motion.[4] Cumann na nGaedheal returned stronger after the ensuing election and formed the next government.[4]
30 June–2 July 1953[d 3][d 4][d 5] 6th Fianna Fáil Taoiseach Éamon de Valera 2 (73–71[d 5]) That Dáil Éireann reaffirms its confidence in the Government Government had just lost two by-elections[d 3]
29–30 October 1958[d 6][d 7] 8th Fianna Fáil Labour William Norton 17 (54–71[d 7]) That, in view of the continued high level of unemployment and emigration and the failure of the Government to fulfil the promises made at the last general election that they would deal effectively with these problems, the Dáil has no confidence in the Government. Economy: unemployment and emigration
30 October 1963[d 8] 10th Fianna Fáil Labour Brendan Corish 4 (73–69[d 8]) That in view of the widespread public opposition to the turnover tax, the Dáil is of opinion that the Government have lost the confidence of the people, and, therefore, considers that they should resign forthwith. Introduction of turnover tax in the 1963 budget.[d 8]
8 July 1966[d 9][d 10] 11th Fianna Fáil Labour Brendan Corish 16 (50–66[d 10]) That Dáil Éireann bearing in mind the present economic situation, the lack of progress in creating new employment and in reducing unemployment and emigration, together with the crisis in the provision of finance for housing, has no confidence in the present Government. There was no debate on the motion itself; the adjournment debate for the summer recess was held immediately beforehand and served in effect as the debate on the Labour and Fine Gael confidence motions.[d 9][d 10]
8 July 1966[d 9][d 10] 11th Fianna Fáil Fine Gael Liam Cosgrave 12 (54–66[d 10]) That Dáil Éireann has no confidence in the present Government. Motion put to a vote immediately after the preceding Labour motion.[d 10]
5–7 November 1968[d 11][d 12][d 13] 12th Fianna Fáil Taoiseach Jack Lynch 8 (68–60[d 13]) That Dáil Éireann reaffirms its confidence in the Government and approves the Government's financial proposals Rejection at referendum of the government's proposals to change the electoral system and favour rural constituencies.[d 11]
13–14 May 1970[d 14][d 15][d 16] 13th Fianna Fáil Taoiseach Jack Lynch 8 (72–64[d 16]) That Dáil Éireann reaffirms its confidence in the Government Arms Crisis[d 14]
29 October–4 November 1970[d 17][d 18][d 19] 13th Fianna Fáil Taoiseach Jack Lynch 7 (74–67[d 19]) That Dáil Éireann reaffirms its confidence in An Taoiseach and the other Members of the Government Arms Trial. Jack Lynch said "it was my prerogative as Leader of the Government Party to put down a positive motion in the face of motions of no confidence tabled by the Opposition".[d 17]
23–29 October 1974[d 20][d 21][d 22] 14th Fine Gael–Labour Taoiseach Liam Cosgrave 5 (70–65[d 22]) That Dáil Éireann affirms its confidence in the Government. First oil shock recession. Jack Lynch said, "The purpose of this debate, as initiated by our motion of no confidence in the Government, was to highlight the rapid deterioration in the economy and in the Government's total and abject failure to come to grips with the situation."[d 20]
28 October 1976[d 23][d 24] 14th Fine Gael–Labour Taoiseach Liam Cosgrave 6 (73–67[d 24]) That Dáil Éireann affirms its confidence in the Government Resignation of Cearbhall Ó Dálaigh precipitated by criticism from minister Paddy Donegan.[d 23]
29–30 May 1979[d 25][d 26] 15th Fianna Fáil Minister for Fisheries and Forestry Brian Lenihan, Snr 21 (67–46[n 3]) That Dáil Éireann expresses its satisfaction at the Government's management of the economy[d 26] Second oil shock recession.[d 25] Original motion by Labour Frank Cluskey:[d 25]
That Dáil Éireann gravely concerned about the serious economic mismanagement of the country by the Government declares that this House and the people of Ireland have no confidence in the Government
1 July 1982[d 27][d 28] 18th Fianna Fáil Taoiseach Charles Haughey 7 (84–77[d 28]) That Dáil Éireann reaffirms its confidence in the Government Haughey had survived attempts to remove him as party leader,[d 27] and opposed an EEC boycott of Argentina during the Falklands War.[d 27][18] The government's deficit was criticised by the European Commission.[d 27]
3–4 November 1982[d 29][d 30] 18th Fianna Fáil Taoiseach Charles Haughey −2 (80–82[d 30]) That Dáil Éireann reaffirms its confidence in the Government Haughey had survived further attempts to remove him as party leader.[d 29] After GUBU and other scandals, the Workers' Party withdrew its support. Defeat led to the Irish general election, November 1982.
20–21 February 1986[d 31][d 32][d 33] 19th Fine Gael–Labour Tánaiste Dick Spring 5 (82–77[d 33]) That Dáil Éireann reaffirms its confidence in the Taoiseach and the Government Garret FitzGerald accused of misleading the Dáil in relation to a botched reshuffle, by stating Donal Creed and Michael D'Arcy had resigned when, according to Charles Haughey, they had been sacked.[d 31]
22–23 October 1986[d 34][d 35][d 36] 19th Fine Gael–Labour Taoiseach Garret FitzGerald 2 (83–81[d 36]) That Dáil Éireann reaffirms its confidence in the Taoiseach and the Government Economy: unemployment, taxation, and emigration.[d 34]
31 October 1990[d 37][d 38] 21st Fianna Fáil–Progressive Democrats Taoiseach Charles Haughey 3 (83–80[d 38]) That Dáil Éireann reaffirms its confidence in the Government Dismissal of Brian Lenihan, Snr during the 1990 presidential election.[d 37]
16–18 October 1991[d 39][d 40][d 41] 21st Fianna Fáil–Progressive Democrats Taoiseach Charles Haughey 3 (84–81[d 41]) That Dáil Éireann reaffirms its confidence in the Government Alleged "Golden Circle" of businessmen favoured by Fianna Fáil.[d 39]
5 November 1992[d 42][d 43] 22nd Fianna Fáil Taoiseach Albert Reynolds −11 (77–88[d 43]) That Dáil Éireann reaffirms its confidence in the Taoiseach and the Government The PDs had just left the coalition, after Reynolds had accused leader Dessie O'Malley of being "reckless, irresponsible and dishonest" in his evidence to the Beef Tribunal.[d 42][19] Defeat led to the Irish general election, 1992.
28 October 1993[d 44][d 45] 23rd Fianna Fáil–Labour Taoiseach Albert Reynolds 39 (94–55[d 45]) That Dáil Éireann reaffirms its confidence in the Government Amount of European Structural Funds allocated to Ireland was £7.2bn, as opposed to the £8.2bn announced previously.[d 44]
16–17 November 1994[d 46][d 47] 23rd Fianna Fáil–Labour Taoiseach Albert Reynolds Withdrawn when the government collapsed[d 47] During a controversy over the Attorney General's office delay extraditing paedophile priest Brendan Smyth, Reynolds appointed Attorney General Harry Whelehan to the High Court. After the confidence motion was tabled, Labour left the coalition.[20]
12–13 November 1996[d 48][d 49][d 50] 24th Fine Gael–Labour–Democratic Left Taoiseach John Bruton 9 (79–70[d 50]) That Dáil Éireann reaffirms its confidence in the Government Judge Dominic Lynch not informed of his de-listing and continued to hear cases.[d 48][21]
30 June 2000[d 51] 25th Fianna Fáil–Progressive Democrats Taoiseach Bertie Ahern 9 (79–70[d 51]) That Dáil Éireann reaffirms its confidence in the Government Bertie Ahern's evidence to the Moriarty Tribunal about his handling of Fianna Fáil finances.[d 51][22] Original no-confidence motion proposed by Labour.[22]
26 September 2007[d 52] 27th Fianna Fáil–Greens–Progressive Democrats Taoiseach Bertie Ahern 5 (81–76[d 52]) That Dáil Éireann:
  • affirms confidence in the Taoiseach and the Government;
  • recognises the enormous contribution made by An Taoiseach, Bertie Ahern, TD, to Irish public life including his many achievements in:
    • patient and skilful leadership of the peace process which has resulted in a restoration of democratic institutions in Northern Ireland and a new era in North/South and Anglo-Irish relations;
    • implementing a policy framework which has produced sustained strong economic and employment growth which is the envy of Europe, and has laid the foundations for continuing prosperity into future generations;
    • sustaining and renewing the vital social partnership model, including the negotiation of a 10-year Framework Agreement to deepen stability and confidence;
    • providing record increases in investment in infrastructure and vital public services while providing prudently for future needs within a sustainable fiscal framework;
    • ensuring Ireland's interests are protected and that we play a leadership role in the evolution of Europe through his strong record of achievement as a senior member of the European Council;
    • prioritising climate change and securing a sustainable energy future for the country by working with partners in Government to reach our key environmental targets; and
    • renewing policies and institutions to cater for the needs of a new and more diverse Ireland, while affirming and supporting the values and structures which are at the heart of community life, through his support for the cultural, sporting and religious and community organisations that make up civil society;
  • recalls that the Tribunal of Inquiry into Certain Planning Matters and Payments was established by resolution of Dáil Éireann and appointed by Instrument of the Minister for the Environment and Local Government on 4 November 1997;
  • affirms its confidence in the Mahon Tribunal;
  • understands that the Quarryvale module of the tribunal has not run its course and that a substantial number of witnesses are still scheduled to give evidence;
  • believes that members of the Oireachtas should not seek to predetermine the tribunal's report on the matters which it has asked the tribunal to investigate;
  • maintains that it is the role of the members of the tribunal to make an objective assessment of the completed evidence and to make findings if necessary;
  • commends the Government for refusing to be distracted from its agenda of taking Ireland forward with positive and inclusive policies;
  • reaffirms that the Programme for Government is a five-year programme and that the parties in Government will do their utmost to honour these commitments; and
  • rejects the politically opportunistic motion of no confidence put forward by the Fine Gael Party.
 Bertie Ahern's testimony to the Mahon Tribunal ("Tribunal of Inquiry into Certain Planning Matters and Payments").[d 52]
9–10 June 2009[d 53][d 54] 27th Fianna Fáil–Greens–Independent[n 4] Taoiseach Brian Cowen 6 (85–79[d 54]) That Dáil Éireann reaffirms its confidence in the Government Poor result for government parties in the previous week's local and European elections.[d 53] The original motion proposed was:[23]
That Dáil Éireann has no confidence in the Government
15 June 2010[d 55] 27th Fianna Fáil–Greens–Independent Taoiseach Brian Cowen 5 (82–77[d 55]) That Dáil Éireann has confidence in the Taoiseach and the Government Publication of official reports on the 2008 Irish banking crisis, which were critical of government decisions.[d 55][24] The original Fine Gael motion was:[25]
That Dáil Éireann has no confidence in An Taoiseach, Deputy Brian Cowen
11–12 December 2012[d 56] 29th Fine Gael–Labour Minister for Public Expenditure and Reform Brendan Howlin 37 (88–51[d 57]) That Dáil Éireann has confidence in the Government as it deals with the current economic crisis in as fair a manner as possible, while prioritising economic recovery and job creation Handling of the post-2008 Irish economic downturn. The original no-confidence motion, proposed by Sinn Féin, and amended into a confidence-motion by the government, was:[d 58][26]
That Dáil Éireann has no confidence in the Fine Gael and Labour coalition Government; who have failed to fulfill their obligations to make political decisions and choices which benefit the citizens of this State.
9 December 2014[d 59] 29th Fine Gael–Labour Taoiseach Enda Kenny 31 (86–55[d 60] ) That Dáil Éireann reaffirms i[t]s confidence in the Taoiseach and in the Government. Irish Water metering and charges.[27] The original Sinn Féin no-confidence motion was scheduled for the following day, the same time as a Sinn-Féin-backed anti-water-charges protest rally outside Leinster House.[27] It read:[28][d 61]
That Dáil Éireann:
notes that the Taoiseach, Enda Kenny TD, has failed to listen to the citizens of this State, including the widespread public opposition to domestic water charges and to Irish Water;
has no confidence in the Taoiseach;
and calls on the Taoiseach to resign and to request the President to dissolve the Dáil and call a general election.
22 September 2015[29] 29th Fine Gael–Labour Taoiseach Enda Kenny[d 62] 42 (94–52)[d 63] That Dáil Éireann welcomes the publication of the Interim Report of the Fennelly Commission and notes its conclusions and reaffirms its confidence in the Taoiseach, in the Attorney General and in the Government.[d 62] Fennelly Commission's interim report on the resignation of Martin Callinan.[29] The government motion replaced two opposition motions:[29][30]
  • from Fianna Fáil: "That Dáil Éireann, arising from the contents and the conclusions of the Interim Report of the Fennelly Commission, does not have confidence in An Taoiseach, Enda Kenny TD."
  • from Sinn Féin: "That Dáil Éireann:
    • notes that:
      • following the recent publication of the Fennelly Commission Report that the deliberate actions of An Taoiseach Enda Kenny in instructing former Secretary General of the Department of Justice, Mr. Brian Purcell, to visit the home of former Garda Commissioner Mr. Martin Callinan resulted in the Commissioner's effective sacking from his post; and
      • the Attorney General Máire Whelan SC failed to adequately discharge her responsibilities in the public interest by failing to communicate information to relevant parties including the former Minister for Justice and the former Garda Commissioner; and
    • declares that Dáil Éireann has no confidence in both the Attorney General and An Taoiseach Enda Kenny and calls on the Attorney General and An Taoiseach to resign forthwith."

Footnotes

  1. ↑ The Dáil adjourned in August but was not dissolved until September.[4]
  2. ↑ On the casting vote of Ceann Comhairle Michael Hayes.[d 2]
  3. ↑ Vote on the amendment; the amended motion passed without a division.[d 26]
  4. ↑ Mary Harney remained a cabinet minister after the dissolution of the Progressive Democrats.

Sources

References

Dáil debates
  1. ↑ Lua error in package.lua at line 80: module 'strict' not found.
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  2. ↑ 2.0 2.1 Lua error in package.lua at line 80: module 'strict' not found.
  3. ↑ 3.0 3.1 Lua error in package.lua at line 80: module 'strict' not found.
  4. ↑ Lua error in package.lua at line 80: module 'strict' not found.
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  5. ↑ 5.0 5.1 Lua error in package.lua at line 80: module 'strict' not found.
  6. ↑ Lua error in package.lua at line 80: module 'strict' not found.
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  7. ↑ 7.0 7.1 Lua error in package.lua at line 80: module 'strict' not found.
  8. ↑ 8.0 8.1 8.2 Lua error in package.lua at line 80: module 'strict' not found.
  9. ↑ 9.0 9.1 9.2 Lua error in package.lua at line 80: module 'strict' not found.
  10. ↑ 10.0 10.1 10.2 10.3 10.4 10.5 Lua error in package.lua at line 80: module 'strict' not found.
  11. ↑ 11.0 11.1 Lua error in package.lua at line 80: module 'strict' not found.
  12. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  13. ↑ 13.0 13.1 Lua error in package.lua at line 80: module 'strict' not found.
  14. ↑ 14.0 14.1 Lua error in package.lua at line 80: module 'strict' not found.
  15. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  16. ↑ 16.0 16.1 Lua error in package.lua at line 80: module 'strict' not found.
  17. ↑ 17.0 17.1 Lua error in package.lua at line 80: module 'strict' not found.
  18. ↑ Lua error in package.lua at line 80: module 'strict' not found.
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  19. ↑ 19.0 19.1 Lua error in package.lua at line 80: module 'strict' not found.
  20. ↑ 20.0 20.1 Lua error in package.lua at line 80: module 'strict' not found.
  21. ↑ Lua error in package.lua at line 80: module 'strict' not found.
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  26. ↑ 26.0 26.1 26.2 Lua error in package.lua at line 80: module 'strict' not found.
  27. ↑ 27.0 27.1 27.2 27.3 Lua error in package.lua at line 80: module 'strict' not found.
  28. ↑ 28.0 28.1 Lua error in package.lua at line 80: module 'strict' not found.
  29. ↑ 29.0 29.1 Lua error in package.lua at line 80: module 'strict' not found.
  30. ↑ 30.0 30.1 Lua error in package.lua at line 80: module 'strict' not found.
  31. ↑ 31.0 31.1 Lua error in package.lua at line 80: module 'strict' not found.
  32. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  33. ↑ 33.0 33.1 Lua error in package.lua at line 80: module 'strict' not found.
  34. ↑ 34.0 34.1 Lua error in package.lua at line 80: module 'strict' not found.
  35. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  36. ↑ 36.0 36.1 Lua error in package.lua at line 80: module 'strict' not found.
  37. ↑ 37.0 37.1 Lua error in package.lua at line 80: module 'strict' not found.
  38. ↑ 38.0 38.1 Lua error in package.lua at line 80: module 'strict' not found.
  39. ↑ 39.0 39.1 Lua error in package.lua at line 80: module 'strict' not found.
  40. ↑ Lua error in package.lua at line 80: module 'strict' not found.
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  41. ↑ 41.0 41.1 Lua error in package.lua at line 80: module 'strict' not found.
  42. ↑ 42.0 42.1 Lua error in package.lua at line 80: module 'strict' not found.
  43. ↑ 43.0 43.1 Lua error in package.lua at line 80: module 'strict' not found.
  44. ↑ 44.0 44.1 Lua error in package.lua at line 80: module 'strict' not found.
  45. ↑ 45.0 45.1 Lua error in package.lua at line 80: module 'strict' not found.
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  47. ↑ 47.0 47.1 Lua error in package.lua at line 80: module 'strict' not found.
  48. ↑ 48.0 48.1 Lua error in package.lua at line 80: module 'strict' not found.
  49. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  50. ↑ 50.0 50.1 Lua error in package.lua at line 80: module 'strict' not found.
  51. ↑ 51.0 51.1 51.2 Lua error in package.lua at line 80: module 'strict' not found.
  52. ↑ 52.0 52.1 52.2 Lua error in package.lua at line 80: module 'strict' not found.
  53. ↑ 53.0 53.1 Lua error in package.lua at line 80: module 'strict' not found.
  54. ↑ 54.0 54.1 Lua error in package.lua at line 80: module 'strict' not found.
  55. ↑ 55.0 55.1 55.2 Lua error in package.lua at line 80: module 'strict' not found.
  56. ↑ Lua error in package.lua at line 80: module 'strict' not found.
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Other
  1. ↑ Constitution of Ireland Article 28 §§10–11
  2. ↑ 2.0 2.1 Lua error in package.lua at line 80: module 'strict' not found. Cite error: Invalid <ref> tag; name "MacCarthaigh2005" defined multiple times with different content
  3. ↑ Constitution of Ireland Article 13.2.2°
  4. ↑ 4.0 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 Lua error in package.lua at line 80: module 'strict' not found.
  5. ↑ 5.0 5.1 Lua error in package.lua at line 80: module 'strict' not found.
  6. ↑ 6.0 6.1 6.2 Mitchell 2006, p.430
  7. ↑ Lua error in package.lua at line 80: module 'strict' not found.
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  10. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  11. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  12. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  13. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  14. ↑ Mitchell 2006, p.433 Table 13.1 fn.b
  15. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  16. ↑ 16.0 16.1 16.2 Lua error in package.lua at line 80: module 'strict' not found.
  17. ↑ Lua error in package.lua at line 80: module 'strict' not found.
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  19. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  20. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  21. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  22. ↑ 22.0 22.1 Lua error in package.lua at line 80: module 'strict' not found.
  23. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  24. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  25. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  26. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  27. ↑ 27.0 27.1 Lua error in package.lua at line 80: module 'strict' not found.
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  28. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  29. ↑ 29.0 29.1 29.2 Lua error in package.lua at line 80: module 'strict' not found.
  30. ↑ Lua error in package.lua at line 80: module 'strict' not found.
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