EducationPresidential election

What does an Irish president actually do?

The president has a range of powers outlined in the Constitution, some of which have never even been used

President Michael D Higgins appoints Micheál Martin as Taoiseach at Áras an Uachtaráin in January. Photograph: Evan Treacy/RollingNews.ie
President Michael D Higgins appoints Micheál Martin as Taoiseach at Áras an Uachtaráin in January. Photograph: Evan Treacy/RollingNews.ie

With all this talk about the presidential election, you might be wondering, once someone actually gets elected, what do they do? Is it similar to the taoiseach?

Not quite. But, the president has a lot of powers and functions, outlined in the Irish Constitution (Bunreacht na hÉireann).

Some are symbolic, some are legal, and there are a few that have never even been used.

Let’s break them down.

Representation

The president is Ireland’s head of state. This means they represent the people of Ireland both at home and around the world.

In Ireland, the president gives speeches, attends public engagements, visits communities and meets people at Áras an Uachtaráin, (that’s the official home of the president, in Phoenix Park, Dublin).

When other heads of state visit the Republic, the president receives them. The president also formally receives new ambassadors who come to the State, which means the ambassadors officially present their credentials to the president of Ireland before starting their work.

Abroad, the president promotes Ireland’s image and role, and meets leaders from other countries.

Appointments

After a general election, Dáil Éireann (the Irish parliament) chooses the taoiseach (head of government). The president then formally appoints them to the job.

The president also appoints the attorney general (the legal adviser to the government) and the comptroller and auditor general (responsible for auditing the accounts of many State departments and organisations), who is nominated by Dáil Éireann.

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When the government (taoiseach, tánaiste and ministers), nominates judges for the various courts throughout the State, the president then appoints them.

So while the president doesn’t personally select who does these roles, they officially approve and appoint them.

Summoning and dissolving the Dáil

The president summons and dissolves Dáil Éireann. In other words, they have the power to call the Dáil together or bring it to an end before an election.

Following a general election, the president summons Dáil Éireann on the advice of the taoiseach.

If a taoiseach no longer has the support of the majority of Dáil Éireann, the president may choose to call for fresh elections, by signing a proclamation dissolving the Dáil.

However, the president may also refuse to dissolve the Dáil, in which case members of the Dáil must nominate an alternative Government. This power of refusal has never been exercised since the foundation of the State.

Signing bills into law

Before any new law in the Republic of Ireland can come into effect, the president must sign it.

Under Article 25 of the Constitution, a bill can only be signed by the president on the fifth, sixth or seventh day after it is presented for their signature.

However, the government, with the Seanad’s agreement, can ask the president to sign it earlier.

The president can also refer a bill to the Supreme Court to check if it is consistent with the Constitution.

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Before making such a referral, the president must consult the Council of State. However, the final decision is the president’s alone.

The Council of State … what’s that?

The Council of State is an advisory body that assists the president on key matters.

The president can appoint up to seven members, whose term on the Council of State can last for as long as the president is in office. The president can decide to end the appointment of any of these members.

The rest are members by virtue of their current or former positions, as outlined in the Constitution, including the taoiseach, tánaiste, chief justice and former presidents, though former officeholders participate only if they choose to.

Constitutional amendments

To amend the Constitution, both Houses of the Oireachtas (the Dáil and Seanad), must pass a Bill to amend it. Citizens in the State must then vote on whether to approve the Bill in a constitutional referendum. If the Bill is approved in a referendum, the president must then sign the Bill so that the Constitution can be amended.

Commanding the Defence Forces

The president is supreme commander of the Irish Defence Forces, (the Army, Air Corps and Naval Service).

Under the Defence Act of 1954, military command is exercised by the Irish government through the minister for defence, who manages and controls the forces.

By tradition, the head of state has been assigned a military “aide de camp”; a high-ranking officer in the Defence Forces whose primary function it is to be in attendance to the president at all official duties, particularly on State ceremonial occasions.

Pardons

The Constitution gives the president the power to grant pardons, to forgive or commute the punishment of someone convicted of a crime. It is a power that is rarely used.

The most recent presidential pardon was granted by President Michael D Higgins in 2024, posthumously (something that happens to a person after they die), for Sylvester Poff and James Barrett, who were wrongly convicted of the murder of Thomas Browne in 1883.

Convening the Oireachtas

The president can call a meeting of either or both Houses of the Oireachtas, after first consulting with the Council of State, a power that might be used in an emergency situation. It has never been exercised.

At the meeting of either or both Houses of the Oireachtas, the president may communicate a message or address on any matter of national or public importance. However, this message or address must first be approved by the government.

The president has further powers in relation to legislation, which have never been exercised

Under Article 27, the president can, after consulting the Council of State, decide to refer a Bill to the people in an ordinary referendum if enough TDs and senators request this, on the grounds that the Bill contains a proposal of great national importance.

Under Article 22, if the Dáil and Seanad disagree about whether or not a particular Bill is a Money Bill, (relating to taxation or to Government spending), the Seanad may ask the president to refer the question to a Committee of Privileges. This is a special committee appointed by the president, consisting of an equal number of members of the Dáil and Seanad and chaired by a Supreme Court judge.

Neither of these powers has ever been used.

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