Socialists challenge Fine Gael’s ‘royal veto’

Ceann Comhairle, Seán Ó Fearghaíl TD

In the past, governments could simply vote down any legislation they disagreed with. Now we’re in a bizarre situation in which the government, a minority in the Dáil, now regularly loses votes to the opposition, but still blocks them from being implemented. 

After having lost the votes on over 50 Bills, which have passed what’s known as ‘Second Stage’ in the Dáil, the government is using an undemocratic procedure known as the ‘Money Message’ to block them. It makes a mockery of a basic principle of parliamentary democracy, that a majority in the parliament can pass laws. It has more in common with a monarchy where the king or queen has a royal veto.

The legal basis of the ‘Money Message’ requirement is in Article 17.2 of the Constitution, which says that the Dáil cannot pass a Bill for the “appropriation of revenue” without such a message from the government. The intention of this provision, undemocratic in itself, was to prevent the Opposition from putting forward alternative Budgets to that of the government.

However, because the Dáil Standing Orders also mention ‘incidental expenses’, the government has effectively argued that if the State has to spend any money at all to implement a bill, then it would require a ‘Money Message,’ which the government then refuses to give. For example, in relation to the Objective Sex Education Bill, they have argued that teaching objective sex education would require teacher training, therefore the Bill requires a money message, despite the fact that teacher training takes place every year in any case! In relation to the Climate Emergency Bill, they argue that a fossil fuel company would need to be reimbursed for the cost of applying for oil and gas leases.

Veto power for the capitalists

The real reason they refuse to grant a money message is because they disagree with the legislation and don’t want the radical left to be seen to be achieving change. To end this abuse, Solidarity–People Before Profit TDs brought forward an amendment to the Standing Orders to close the possibility for the government to use it as an executive veto by bringing the Standing Orders in line with the Constitution. 

This amendment was ruled out of order by the Ceann Comhairle on the grounds that it was unconstitutional - the first time such a thing has happened in the history of the state!  This outrageous decision flies in the face of both the Constitution and the Standing Orders, which make clear that the Dáil is entitled to make its own Standing Orders, and that the role of the Ceann Comhairle is not to interpret the Constitution. It was on that basis that we were forced to go to the High Court to seek a judicial review.

In reality, this was a blatant expression of the interests of the establishment, without regard even for their own rules! It is a desperate attempt to maintain the executive veto of the government to block legislation that would challenge the interests of the capitalist class. 

For example, Frances Black’s Occupied Territories Bill, which would impose a ban on goods from illegal Israeli settlements, was vocally opposed by the US government and the US Chamber of Commerce. Implementing such a law would have a hugely positive impact internationally, giving impetus to other similar legislation, and boosting the global campaign for Palestinian rights. The Irish government clearly felt it would damage their reputation with the US government and big business, and felt they needed to stop it. 

At home, the Anti-Evictions Bill, which would give tenants increased protection against evictions, was blocked as it would weaken the power of the landlords this government represents. The Climate Emergency Bill, which would stop the granting of future licences for exploration for oil and gas, was the subject of significant lobbying by the fossil fuel industry to block it.

Two-faced “opposition”

Fianna Fáil plays a typically duplicitous and hypocritical role on this issue. On the one hand, they complain about the abuse of the ‘Money Message’ procedure. However, on the other hand, they lined up firmly with the Ceann Comhairle and the government this week to block our ability to debate the Standing Order amendment. 

In reality, they want this veto to continue, for two reasons. Firstly, because it allows them to vote for popular measures while in opposition, without any danger that they will be passed! Secondly, because they intend to be sitting on the government benches after the next election, and they would like to possess a similar veto power. 

Socialist opposition

RISE TD, Paul Murphy, together with People Before Profit TDs Bríd Smith, Richard Boyd Barrett and Gino Kenny, brought the case to the High Court and succeeded in seeking a judicial review of the abuse of the ‘Money Message’ by the government. The judicial review will be heard  on 17 December and is potentially a crucial case to determine whether the government can continue to wield an executive veto against legislation that has been passed by the Dáil.

Socialists should be in the frontline of fighting for even limited democratic rights, such as the right of parliament to pass legislation. Doing so makes it easier for our movements to win important reforms in the here and now, such as by implementing the Anti-Evictions Bill, which would increase tenants’ rights substantially.

In doing so, we also highlight the very narrow limitations of capitalist democracy. Not only do we not have economic democracy, which could only be achieved with public ownership of the key sections of the economy combined with democratic control, even the limited political democracy which capitalism claims to deliver, is in reality extremely restricted. As soon as the democratic rights they have been forced to grant begin to challenge their ability to rule in the interests of the capitalist class the rules are rewritten or our rights are withdrawn, as in this case by the Ceann Comhairle.

Of course this means that we cannot trust that democratic rights will be defended by the capitalist courts. They will be maintained, as they were originally conquered, in the streets and in the workplaces, through the building of movements expressing the power of working class people.