Constitution of Dáil Éireann (25 August 1921)
All legislative powers shall be vested in Dáil Éireann, composed of Deputies, elected by the Irish people from the existing Irish Parliamentary Constituencies.
- (a) All executive powers shall be vested in the members for the time being of the Cabinet.
- (b) The Cabinet shall consist of the President who shall also be Prime Minister and be elected by Dáil Éireann and six Executive Officers, viz.:—
- A Secretary of State for Foreign Affairs,
- A Secretary of State for Home Affairs,
- A Secretary of State for National Defence,
- A Secretary of State for Finance,
- A Secretary of State for Local Government,
- A Secretary of State for Economic Affairs,
- each of whom the President shall nominate and shall have power to dismiss
- (c) Every member of the Cabinet shall be a member of Dáil Éireann and shall at all times be responsible to the Dáil.
- (d) At the first meeting of Dáil Éireann after their nomination by the President, or during the meeting at which the President shall himself have been elected to his office, the names of the Executive Officers shall be separately submitted to Dáil Éireann for approval.
- (e) The appointment of the President shall date from his election and the appointment of each Executive Officer from the date of the approval by the Dáil of his nomination.
- (f) The Cabinet, or any member thereof, may at any time be removed by vote of the Dáil upon motion for that specific purpose, provided, that at least seven days' notice in writing of that motion shall have been given.
- (g) The President may himself in writing nominate from among the members of the Cabinet a President Substitute who shall act in his place and exercise all his powers (including the power to nominate a President Substitute with Presidential status, and the power to nominate Substitute Ministers). In the event of the President becoming unable by reason of enemy action, or absence abroad, or illness, or other emergency, to perform the functions of his office, if occasion arises for the President Substitute to assume office he shall act as President of the Cabinet until the President resumes his functions or resigns or until he himself becomes unable by reason of enemy action, absence abroad, illness, or other emergency, to perform the functions of the office; if at any time there is no President or President Substitute or if there is no President or President Substitute able to perform the functions of the Presidential Office, a meeting of Dáil shall be convened to elect a President.
- (h) Whenever any member of the Cabinet other than the President shall become unable by reason of enemy action, absence abroad, illness or other emergency, to perform the functions of his office, the President may forthwith—and shall if the incapacity shall extend over thirty days—appoint another Deputy as Minister Substitute to fill his place and exercise all his powers during his absence, but the name of every Substitute Minister shall be submitted for approval to the next meeting of Dáil after his appointment if the incapacity of the original Minister then continues.
A Chairman elected annually by the Dáil, and in his absence a Deputy Chairman so elected, shall preside at all meetings of Dáil Éireann. Only members of the Dáil shall be eligible for these offices. In case of the absence of the Chairman and Deputy Chairman the Dáil shall fill the vacancies or elect a temporary Chairman.
All monies required by the Cabinet shall be obtained on Vote of the Dáil. The Cabinet shall be responsible to the Dáil for all monies so obtained. The Minister for Finance shall present properly audited accounts for the expenditure of these monies twice yearly in the months of July and January for the respective half-yearly periods ending 30th June and 31st December. The Audit shall be conducted by an Auditor or Auditors appointed by the Dáil. No member of the Dáil shall be eligible for such appointment.
This Constitution is provisional and is liable to alteration upon seven days' written notice of motion for that specific purpose.