FOR the seventh time since taking office almost seven years ago, the President, Mrs Robinson, has summoned the Council of State. Yesterday's meeting was the fifth time she had sought advice on the constitutionality of legislation.
The council is the body of "wise elders" charged with offering the President advice on points of law and the political implications of a Supreme Court action. _
Membership includes the Taoiseach, the Tanaiste, the Chief Justice, the President of the High Court, the Dail Ceann Comhairle; the Seanad Cathaoirleach, the Attorney General, previous presidents, Taoisigh or chief justices and seven people appointed by the President.
The President has seven days to sign a Bill or refer it to the Supreme Court after receiving it from the Taoiseach. Under the Constitution, the Council of State must be consulted before any Supreme Court referral.
It must also be consulted if the President is petitioned by a majority of the Seanad, and at least one-third of the Dail, not to sign a Bill, on the basis that the measure is of such national importance that the will of the people ought to be sought.
If the President refuses to sign, the Bill and its contentious proposal have to be put to, and approved by, a referendum.
In such a situation, the Dail may also be dissolved, and the Bill cannot be signed until after election of a new Dail which approves the measure. To date, this power has not been invoked by the President.
The third instance in which the council must be summoned concerns addressing the Houses of the Oireachtas on matters of national or public importance.
The President has twice availed of this opportunity under Article 13.7.1 of the Constitution: in June 1992, when she dealt with the importance of Ireland's place in Europe, and in January 1995, on cherishing the Irish diaspora.
The first of five occasions on which the council's guidance on legislation was sought was in October 1991, before the President signed the Fisheries Amendment Bill.
The second was in December 1993, when the Matrimonial Home Bill was referred to the Supreme Court and found to be unconstitutional.
In March 1994 the Criminal Justice (Public Order) Bill was considered by the council but signed without Supreme Court referral.
And on the fourth such occasion, the abortion information Bill known as the Regulation of Information (Services Outside State for Termination of Pregnancies) Bill was referred to the Supreme Court and signed in May 1995.
In that case, the single judgment by the Chief Justice, Mr Liam Hamilton, found the provisions to be "a fair and reasonable balancing of conflicting rights".
