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Opposition to the cabinet confidentiality referendum held at the last presidential election

26 October, 2011 Leave a comment

At the last presidential election, held 30 October 1997, there was also a ballot to amend the constitution, the 17th Amendment to the Constitution Bill. This was to safeguard the tradition of cabinet confidentiality with explicit exceptions which sought to correct a difficulty which Justice Liam Hamilton found during the Beef Tribunal, when he was unable to question Ray Burke on his recollections of a cabinet meeting. With three tribunals of inquiry established in 1997 alone, this was of increasing importance.

It involved the insertion of a new Article 28.4.3°: –

The confidentiality of discussions at meetings of the Government shall be respected in all circumstances save only where the High Court determines that disclosure should be made in respect of a particular matter –

  1. in the interests of the administration of justice by a Court, or
  2. by virtue of an overriding public interest, pursuant to an application in that behalf by a tribunal appointed by the Government or a Minister of the Government on the authority of the Houses of the Oireachtas to inquire into a matter stated by them to be of public importance.

The amendment was supported by the five leading parties; the wording had originally been drafted during the lifetime of the Fine Gael–Labour–Democratic Left coalition, and the coalition of Fianna Fáil and the Progressive Democrats, which had been in government since June, carried the amendment bill forward, proposing it in September.

It was opposed within the Dáil by the Green Party, whose John Gormley described the attempt to railroad the amendment as “tantamount to blackmail” (The Irish Times, 28 Oct. 1997).

More notably and contentious politically, it was also opposed by senior figures within the Progressive Democrats. Party founder and former leader, Des O’Malley, then a backbench government TD, criticised the bill in the Dáil as being too restrictive. He spoke (Vol. 480, No. 4, Col. 680) of his own experiences of a Minister, and the effect the amendment would have on the ability of former ministers to write memoirs,

I was a Minister for 13 years and I know it is usual to speak with the Secretary. Will this now be illegal? Frequently it is necessary to speak with a number of civil servants about matters discussed at Cabinet. This is perfectly proper but the current proposal will make it illegal.

I am in the unusual position of having resigned, for good reason, on two occasions from Government. I know the procedure and the trauma occasioned by this. At present there is an absolute right for a Minister to explain to the House why he resigned from Cabinet. However, what is now proposed will preclude him from doing so. This is ridiculous.

It is a tradition in Britain and less so here that former Ministers write their memoirs. Two were written here in recent years by former Deputies Garret FitzGerald and Gemma Hussey. Both quote extensively from what was said and done at Cabinet meetings. In Britain, almost every former Minister writes his or her memoirs, quoting extensively from Cabinet discussions. Bona fide students of history need to know what discussions take place in Cabinet but now they will not be able to find out.

He criticized the rush of the bill, and called for it to be redrafted and delayed until the vote on the Amsterdam Treaty (which ultimately took place in May 1998).

Also outspoken was former Progressive Democrat TD (and future party leader), Michael McDowell. He publicly clashed with Mary Harney, then leader, after he wrote in an article for the Irish Independent that the proposal was “the predictable consequence of running the country out of the hip pocket and handbag of coalition leaders, without consultation or reflection”. He had also around this time criticized Mary Harney for rowing in behind Fianna Fáil and giving formal party support to Mary McAleese as a presidential candidate. He announced on Questions and Answers that he intended to allow his party membership to last until March. Significantly however, he would “not unequivocally rule out any future role in politics” (The Irish Times, 25 Oct. 1997).

The Irish Times editorial line was opposed to the referendum, with a heading “Vote No” to the editorial on the day of the vote and columnists Dr Garret FitzGerald, former Taoiseach, and Vincent Browne also wrote against it. Garret FitzGerald criticized the way that “the best that two successive government have been able to come up with has been a constitutional amendment for just two very specific and limited exceptions, outside of which the dangerous rigidity of Supreme Court’s ruling will continue to operate in a thoroughly perverse way”. He echoed O’Malley’s concerns of the right of resigning ministers to give an explanation, a right of a minister to discuss cabinet with civil servants, and the effect it would have on historians (18 Oct. 1997). Vincent Browne proposed an alternative constitutional amendment, “The confidentiality of government discussions shall not be a matter of Constitutional right but shall be regulated by law” (29 Oct. 1997), and expressed confidence that a further appeal to the Supreme Court would overturn their ruling of 1992.

The Irish Council for Civil Liberties opposed the amendment on similar grounds to those of Des O’Malley and Garret FitzGerald mentioned above (The Irish Times, 27 Oct. 1997).

It would be a stretch to draw any direct parallels between the referendum on cabinet confidentiality and tomorrow’s referendum on Oireachtas inquiries, it is interesting at least to find Michael McDowell, the Green Party, the Irish Council for Civil Liberties and The Irish Times, (and Vincent Browne as a columnist), again on the same side calling for a No vote. (And it was also Brendan Howlin who spoke for the Labour Party in the Dáil supporting the Amendment).

Ultimately, it passed by 52% to 48%, with 5% of votes spoiled. I would imagine that tomorrow’s vote on Oireachtas inquiries will be similarly tight, and again with a high proportion of votes spoiled.

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Fate of government parties after coalition

6 March, 2011 2 comments

We hear a lot about the fate of coalition partners after coalitions, particularly that of junior parties. Here is a full breakdown of how parties have fared in the elections after coalition.

Inter-Party government 1948–51

Comprised of 31 Fine Gael, 14 Labour, 10 Clann na Poblachta, 7 Clann na Talmhan, 5 National Labour, with the support of 8 Independents. Fine Gael had been on a downward trend since its first election in 1937 and the government gave it a real lease of life.

National Labour folded back into Labour in 1950.

After the fall of the government in 1951, Fine Gael increased to 40 (+9), while all smaller parties lost seats. Labour got 16 (-3), Clann na Talmhan 6 (-1) and Clann na Poblachta 2 (-8).

Inter-Party government 1954–57

In 1954, 50 Fine Gael, 19 Labour, 5 Clann na Talmhan.

In 1957, all parties lost seats: 40 Fine Gael (-10), 12 Labour (-7), 3 Clann na Talmhan (-2)

Fine Gael–Labour 1973–77

In 1973, it started 54 Fine Gael and 19 Labour.

In 1977, both parties fell: 43 Fine Gael (-11) and 17 Labour (-2).

Fine Gael–Labour 1981–82

Started in June 1981 with 65 Fine Gael and 15 Labour. Was always a minority government, it initially had the support of Jim Kemmy, while four Independents and small party representatives tactically abstained, until the January 1982 budget vote.

In the February 1982 election, Fine Gael fell to 63 (-2), while Labour had no change at 15.

Fine Gael–Labour 1982–87

In 1982, 70 Fine Gael and 16 Labour.

In 1987, a dreadful result for both parties, 51 Fine Gael (-19) and 12 Labour (-4). The emergent Progressive Democrats took support from Fine Gael and pushed Labour into fourth place.

Fianna Fáil–Progressive Democrats 1989–92

In 1989, 77 Fianna Fáil and 6 Progressive Democrats.

In 1992, the PDs became the first junior coalition party to increase its seats after an election. Between the two parties in 1992, they had 68 Fianna Fáil (-9) and 10 Progressive Democrats (+4).

Fianna Fáil–Labour 1993–94

Fine Gael–Labour–Democratic Left 1994–97

The 27th Dáil saw two governments. Political legend has it that Labour lost support because they went into government with Fianna Fáil. But according to Pat Leahy’s Showtime, their support was still high in November 1994. If this is true, then it was their political promiscuity rather than their support for Fianna Fáil as such that hurt them.

Overall figures for 1992 saw 68 Fianna Fáil, 45 Fine Gael, 33 Labour, 10 Progressive Democrats, 4 Democratic Left, 1 Green and 5 Independents.

In 1997, Labour and the PDs lost out: 77 Fianna Fáil (+9), 54 Fine Gael (+9), 17 Labour (-16), 4 Progressive Democrats (-6), 2 Green (+1), 1 Sinn Féin, 1 Socialist and 6 Independents (+1)

Fianna Fáil–Progressive Democrats 1997–2002

After a full term, both parties increased their seats: 81 Fianna Fáil (+4) and 8 Progressive Democrats (+4). Again the PDs proved the only junior party to increase seats after government.

Fianna Fáil–Progressive Democrats 2002–07

Of course, the PDs were not so lucky the third time they entered an election while in government. In 2007, both parties fell to 78 Fianna Fáil (-3) and 2 Progressive Democrats (-6).

Fianna Fáil–Green Party–Progressive Democrats 2007–11

Bertie Ahern formed a government in 2007 comprised on 78 Fianna Fáil, 6 Greens and 2 Progressive Democrats and the support of 4 Independents. The PDs were on our last legs anyway at the formation of the government, and we voted to dissolve in November 2008. And then nine days ago, Fianna Fáil fell to 20 seats (-58) while all six Greens lost their seats.

 

So across all coalitions, only twice had the junior party made gains at the next election, the Progressive Democrats in 1992 and 2002. And that party’s later electoral record is probably not something anyone would wish to cling to as a hopeful outcome. Having said that, none of this can inform of the counterfactuals, how a party would have fared at a subsequent election had they stayed out of government.

Stags and civil partnerships

1 July, 2010 3 comments

From members of both government parties, I found something depressing about the stances they adopted on the Wildlife Bill. On the part of the Greens, given all they have agreed to since going into government, was this so much more important than taking a stance against NAMA or the continued aid to Anglo-Irish, or other such issues, to take the example of cystic fibrosis mentioned by Prof. Brian Lucey in a letter to Saturday’s Times? Equally, on the part of backbench Fianna Fáil TDs, what made protecting this hunt so much more of a cause to speak up and question government policy than many other issues, as Vincent Browne argued yesterday in the same paper. It is because of their priorities on issues like this that I would feel that the Greens are not the ideal coalition partner during an economic, fiscal and banking crisis.

But because of a bill will pass its final vote in the Dáil later today, despite all that, at the next general election, I will cast my fourth preference, after the likely three Fine Gael candidates, for the Green Party, such as it will remain in Wicklow. After reading David Quinn in the Independent on Friday and Breda O’Brien in the Times on Saturday, I warmed more to the Greens. There are many other issues which I would disagree with them on, such as on GM food, touched on by Quinn. But on certain cultural issues, I stand where they do. What sort of mentality is to describe John Gormley’s of the Roman Catholic Church’s contribution to the debate on civil partnership as “kicking an institution when it is down”, as O’Brien does? Badly phrased on Gormley’s part, a church has as much right as I do to comment in the public sphere, but while the institution still exercises the influence on curriculum in more than 90% of primary schools, and while those in the hierarchy who knew of crimes committed by priests against children still hold positions of influence, that institution is not down.

The Green Party have secured the Civil Partnership Bill, which should become law later this year. It is by no means a perfect bill; not only does it seem a little backward to introduce only civil partnership when to date seven other European countries have allowed gay couples to marry, but it has considerably fewer guarantees and protections than the Civil Partnership Act which the United Kingdom introduced in 2005. I am not convinced that this is the best we could have got constitutionally, but I could believe that it might be the best that could have been achieved politically. Without the Green Party in this government, even these protections in this bill would not have been introduced this year, and I will give that credit where it is due.

FG and FF played the Greens well

19 February, 2010 Leave a comment

Of the political parties, the Green Party seemed to me to come out particularly badly at the end of the political fallout from the resignation of Willie O’Dea.

From the point at whish his resignation looked strongly possible, both the larger parties played the political game well against the Green Party. During the 1989–1992 Fianna Fáil–Progressive Democrats government, the junior coalition party managed to secure the scalps of Brian Lenihan, when he had misremembered details of his discussions with President Patrick Hillery in the early 1980s and of Charlie Haughey when the full details of the phone tapping scandal emerged. Had the Green Party acted quickly enough, they could have got credit for Willie O’Dea’s eventual resignation.

Fine Gael anticipated this by tabling a motion of confidence, knowing that whatever the Greens did would cause embarrassment to some members of the government. They probably correctly predicted that the Greens would indeed support Minister O’Dea, clearly tying the party to the ensuing controversy. Fine Gael had done this before, calling a motion of no confidence in the government after the poor showing by both government parties in the 2009 local elections, but this proved of little value. This time, tabling the motion of no confidence did have a negative political impact for the government.

Fianna Fáil also played the Greens well by calling the vote on the matter promptly. Had Pat Carey, the government chief whip, let that fester, the Greens could have had a chance to demand the Minister’s resignation. True, by strongly supporting Willie O’Dea, all supporters of the government lost face to extent. But even if this was not the precise calculation, the time did have the effect of weakening the Greens more than might have been the case. Their protestations after the event really amount to little in the public mind, as by that stage it was clear to all the the minister’s position was untenable.

For this to happen so soon after Déirdre de Búrca’s resignation, which showed that the Green Party were not above trying, even if unsuccessful, to use a supposedly non-political position in Europe for political gain, does further damage to the party.