Confidence motions in Dáil Éireann


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.

Confidence and supply

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 legislative chamber or house to which the government is responsible. In Ireland's bicameral Oireachtas, the government is responsible to the Dáil. There have been occasions when Seanad Éireann voted on a confidence motion; even if the government had lost the motion, it would not have fallen. Similarly, a Dáil motion of no confidence in a minister other than the Taoiseach would not necessitate a dissolution. 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. In the revolutionary Second Dáil of the self-proclaimed Irish Republic, the 7 January 1922 vote to approve the Anglo-Irish Treaty resulted in a defeat for Éamon de Valera, who took it as loss of confidence and resigned as President of Dáil Éireann; the Dáil was not dissolved and the pro-Treaty majority voted Arthur Griffith as the new President.

Ensuing dissolutions

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, because the post-1937 Constitution gives the President discretion to refuse to dissolve the Dáil when requested by a Taoiseach who has lost confidence. The intention is to allow the Dáil to choose an alternative Taoiseach and government from among the existing Oireachtas members without the trouble of an election. During the 1937 debate on the draft Constitution, Patrick McGilligan suggested making it compulsory rather than discretionary for the President to refuse a dissolution to a Taoiseach who had lost confidence; Éamon de Valera, the Constitution's prime instigator, rejected this, explaining his rationale:
On two occasions the President's power to refuse a dissolution has become an issue. In January 1982, President Patrick Hillery acceded to Taoiseach Garret FitzGerald's request for a dissolution, resulting in a general election. 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.
On several occasions a Taoiseach leading a minority government has obtained a dissolution 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.

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. The prohibition on repeating motions previously moved in a session does not apply to confidence motions.

List of motions

Footnotes