LEGISLATION During 2020 President Higgins considered and signed 32 Bills into law. The Houses of the Oireachtas (Dáil Éireann and Seanad Éireann) are responsible for passing bills, but it is not until Bills are signed by the President that they become law. The President’s role in this context is to consider whether Bills presented to him are compatible with the Constitution. The President cannot veto a Bill simply because he doesn’t agree with its provisions, but other than Money Bills or Bills to amend the Constitution, where he has doubts over a Bill’s constitutionality, he can, after consulting with the Council of State refer it to the Supreme Court to make a determination in this regard. If the Supreme Court finds that the Bill, or any part of it, is unconstitutional, the President cannot sign the Bill and it is not enacted. However, if the Court holds that the Bill is constitutional, the President signs the Bill and it becomes law. In this situation, under Article 34 of Bunreacht na hÉireann, the constitutionality of this legislation, or the provision of the bill that had been referred to the Supreme Court cannot be challenged at a later stage. In the case of disagreement between the Dáil and the Seanad, members of the Oireachtas may petition the President not to sign a Bill, on the grounds that it contains a proposal of such national importance that the will of the people should be sought, in the form of a referendum. Such a petition requires a majority of the Seanad and at least one third of the Dáil. This provision of the constitution has never be exercised.
33 2020 IN REVIEW
