Council of State (Ireland)

The Council of State (Irish: an Chomhairle Stáit) is a body established by the Constitution of Ireland to advise the President of Ireland in the exercise of many of his or her discretionary, reserve powers. It also has authority to provide for the temporary exercise of the duties of the president in the event that these cannot be exercised by either the president or the Presidential Commission (an eventuality that is very unlikely to occur).

The Council of State has been likened to a privy council, although Jim Duffy calls this "more apparent than real" as it has no legislative or judicial functions.Gemma Hussey, who was a member of the Council of State in 1989–90, described it as "largely a symbolic body".

The Council of State consists of a number of government officials, who sit ex officio, as well as certain former office holders and up to seven individuals of the president's own choosing. The ex officio members comprise the attorney general as well as individuals from each of three branches of government: legislature, executive and judiciary.

Unlike most of the president's other duties, which must be conducted in accordance with the advice of the cabinet, the seven presidential appointees to the Council of State are chosen at the president's absolute discretion. These appointees retain their positions until the president's successor takes office.

The Constitution explicitly states that members appointed by the President may resign, or be dismissed by the President. Former office holders are members if "able and willing to act as a member", which implies an ability to resign; but there is no provision for dismissing them. When the McCracken Tribunal found in 1997 that former Taoiseach Charles Haughey had misled the Tribunal, there were calls for him to formally resign from the Council of State. He did not do so, although he sent his regrets to subsequent meetings of the Council until his death.

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