Ann O'Sullivan Knowledge Services Manager
What impact does a General Election have on legislation?
The 33rd Dáil Éireann (the Dáil) was dissolved on 8 November 2024 and the General Election took place on 29 November 2024. While we await the formation of a new Government and the resumption of Dáil sittings, this article explores the following questions:
- Can new legislation be enacted during the dissolution of the Dáil?
- What happens to Bills that commenced the legislative process pre-dissolution?
- When will the Dáil reconvene?
The Government
The first point to consider is that, while the Dáil is dissolved, the Government is not. Article 28.11.1° of the Irish Constitution states that the incumbent Taoiseach and Ministers remain in office as a ‘caretaker Government’ until a successor is appointed. This principle is designed to ensure that the country is never without an executive.
Can new legislation be enacted during dissolution?
Primary legislation
While the Dáil is dissolved, new primary legislation (acts) cannot be brought forward.
Secondary legislation
The caretaker Government may enact secondary legislation in the form of Statutory Instruments. This occurred during the previous dissolution in 2020 and has happened this time as well.
Draft and promised legislation
What happens to bills that commenced the legislative process pre-dissolution?
All bills that did not complete the legislative process in the Houses of the Oireachtas before the dissolution are deemed to have lapsed. Bills that have lapsed may be reinstated when the new Government is formed. Following the 2020 General Election, for example, nine Government Bills were restored to the Order Paper. Bills that are restored to the Order Paper commence at the stage they had reached before the dissolution.
The Legislation Programme and the new Government
The restoration of lapsed Bills to the Order Paper only deals with bills that have already been published and started the legislative process in the Houses of the Oireachtas. It does not deal with all the unpublished bills listed on the current Government's Legislation Programme. When the new Government is formed, they will publish an updated Legislation Programme. We can expect to see many of the same bills listed on the new Legislation Programme that were promised by the outgoing Government.
When will the Dáil sit again?
The 34th Dáil is due to convene for the first time on 18 December 2024. Items on the order of business will include the election of the Ceann Comhairle (Chairperson) and the election of the Taoiseach. However, depending on the composition of the 34th Dáil, following the results of the General Election, the election of the new Taoiseach may not be possible on 18 December 2024.
Casting our minds back to 2020, while the members of the 33rd Dáil met on 20 February, a new Government was not formed until 27 June — 140 days after the General Election. The caretaker Government (led by Taoiseach Leo Varadkar) remained in situ until 27 June 2020. By contrast, in 2016, it took 63 days to form a government. It is therefore impossible to predict when a new government will be formed and the legislative process fully reinstated.
Seanad Éireann
As Ireland has a bicameral parliament, we must not forget Seanad Éireann (the Seanad), the Upper House. The Seanad is not dissolved with the dissolution of the Dáil. While members of the Seanad hold office until the day before the polling day for the new Seanad, the Seanad customarily does not sit in plenary session during the dissolution of the Dáil. Article 18.8 of the Constitution requires that a Seanad election must take place not later than 90 days after a dissolution of the Dáil. The Minister for Housing, Local Government and Heritage has made Orders that the Seanad election must take place not later than 6 February 2025.