User:Jnestorius/Seal of the President of Ireland

<Seal of the President of Ireland

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Seal of the President

The Seal of the President of Ireland (Irish: Séala Uachtarán na hÉireann) is a seal used by the President of Ireland to be affixed to every "...order, commission, warrant, or other instrument..." which the president has witnessed. The seal remains in the custody of the current President or the Presidential Commission.

Introduction of the seal

In the Irish Free State there were the following seals:

• The External Great Seal, introduced in 1931, for diplomatic documents sealed by the King
• The Internal Great Seal (provided for in 1922 but not made until 1925) for documents sealed by the [[Governor General
• The seal of the Executive Council (government)
• Seals of ministers (including that of the President of the Executive Council)

When were seals of govt made? 1922? 1924? 1925? Ministers and Secretaries Act 1924 ss. 1(i), 2(1), 15, 16 specify a seal for Ex C and one per dept (inc Dept Pres Ex C). Were they same pattern as Internal Great Seal? Were the 1937 remakes?

The Constitution (Amendment No. 27) Act 1936 abolished the office of Governor-General and the Executive Powers (Consequential Provisions) Act 1937 transferred its functions to the Executive Council. The internal great seal was disused in favour of the Seal of the Executive Council.

1937 Constitution

The 1937 Constitution created the office of President of Ireland. It specifies several situations in which the President must send a message "under his hand and seal":

• notifying the Oireachtas of agreeing or refusing to an ordinary referendum
• appointing or dismissing discretionary members of the Council of State
• dismissing (after impeachment) the Comptroller and Auditor General or a judge

It specifies others where Pres signature required but no mention of seal.

• sign bills into law
• sign enrolled text of the Constitution

Powers not reference to sign or seal:

• appoint Taoiseach (13.1.1°) — he signs a warrant at the same time as presenting the seal
• appoint government (13.1.2°)
• summon dissolve Dáil (13.2.1°)
• convene meeting Oireachtas (13.2.3°)
• pardon commutation remission (13.6)
• communicate with Oireachtas (13.7.1°) or nation (13.7.2°)
• appoint Council of State — picture of him signing a warrant clearly showing the mark of the seal but no ink.
• commissions in Defence Forces

Consequential

• Interp Act 1937 only relevant is s8(1) "The date of the passing of every Act of the Oireachtas shall be the date of the day on which the Bill for such Act is signed by the President."

The Pres Seal Act 1937 important bits:

s2(3) The presidential seal affixed to an order, commission, warrant, or other instrument shall be evidence, until the contrary is proved, that every (if any) advice, consultation, consent, or other thing which is, under the Constitution or otherwise by law, a condition precedent to the making of such instrument by the President was duly given, made, or done before such instrument was made by the President

s3(2)

(a) the President shall have the custody and control of the presidential seal;

(b) the presidential seal shall be affixed to instruments made by the President, and to no other instruments, and shall be so affixed by direction of the President and not otherwise;

(c) the presidential seal when affixed to an instrument under this section shall be authenticated by the signature (affixed to such instrument) of the President

Lesser seals

Apparently no wafer seal, at least for external FS and Presidents, whatever about internal FS.

The Constitution (Consequential Provisions) Act 1937 ss.8, 9 dealt with transitional use and replacement of IFS govt and ministerial seals.

• Presidential video shows all seals on table in Áras: 0m30s-0m45s shows 14 small (12 black lining of case, 1 white, 1 blue-and-white) and one big (blue-and-white lining); 2 inscribed "An tAire Gnóthaí Eachtracha" (38s -- black) and "An Rialtas" (42s -- blue) ; "An Taoiseach" 3m03s -- white lining).
  • "The seals are normally kept under lock and key by the Secretary-General [to the President] in Áras an Uachtarán" (3m07s) — surely once appointed a minister keeps the seal in their departmental office?
    • But apparently not! Patrick O'Donnell during Arms Crisis: "He said they refused to hand in their seals of office. Does anyone know what the handing in of a seal of office is? When one has the honour to be appointed a Minister of this State one is handed his seal by the President. He takes it in his right hand and transfers it to his left and hands it back to the President's secretary. He does not see it again and he does not even get a replica. How did they refuse to hand in their seals of office? In other words, what I think he meant was, that they refused to resign, and, therefore, the Taoiseach had no option but to dismiss them."
    • "Former Finance Minister Ruairí Quinn (2005: 210) notes, 'The seal of office was in a small green leather case that opened to reveal a metal medallion. The seals had to be returned when the photographs had been taken.'"
• Rialtas seal is biggest; Taoiseach seal is the other one in white-and-blue. I surmise the all-white one was created later than the black one, which may date from 1924/5.
• I see a 2004 "replica of the ministerial seal for the Department of Justice, Equality & Law Reform" is double-sided, with correct Irish name on one side and English on the other; implies real seals are double-sided and new seal for each departmental name change.
  • OTOH abovementioned video is from 2016 and has "An tAire Gnóthaí Eachtracha", whereas name changed in 2011 to An tAire Gnóthaí Eachtracha agus Trádála.
• Reference to Devanney v Shields [1998] 1 IR 230:

  the statutory powers of a minister may be exercised by responsible officials of his or her department without the minister necessarily having any direct or personal knowledge, or having granted specific authority for their exercise. (The case in question concerned the appointment of District Court clerks — an explicitly ministerial function under the Courts of Justice Acts — by a middle ranking civil servant of the Department of Justice, who affixed the ministerial seal to the instruments of appointment for the purpose.)

Orders and instruments

Cabinet Handbook

5.5 Special sealing copy [of statutory instrument]

The Order to which the Seal of the Government will be affixed should

a) be on vellum or linen-backed paper or other paper suitable for sealing (the Government Secretariat will advise on request)

b) be in double spacing (with inserts in single spacing) in the same, clear font

c) have neither a separate title-page nor the testatum/seal isolated on a separate page,

d) have each page (except the first) numbered - the pages should be loose, be checked, and initialled at the bottom left-hand corner of each page, by an officer not below the rank of Assistant Principal (or equivalent),

e) have the testatum set out, as follows, at the right-hand side immediately below the text of the Order (or of the final Schedule or Appendix thereto):-

"GIVEN UNDER THE OFFICIAL SEAL OF THE GOVERNMENT, ______________20_____"

f) have space for application of the Government Seal i.e. a minimum space of 11 centimetres below the testatum at the end of the last page.

5.8 Requirements for Printed Copies of Orders

Printed copies of Orders that have been made by the Government should have the letters "L.S." placed in a circle at the left-hand side of the last page on a level with the testatum. Underneath the testatum should be printed the name and title of the person (Taoiseach, Tánaiste or Secretary General to the Government) who has authenticated the seal of the Government affixed to the Order.

So maybe everything uses the Rialtas seal and the Aire seals are all just for show? Well no: 5.8 "Taoiseach, Tánaiste or Secretary General to the Government" suggests this is not relevant for ministerial SIs. But maybe ministers just have the L.S. circle with no actual seal? The is valid for deeds in English law since a 1978 case;) Irish deeds often lacked seals since then, though Land and Conveyancing Law Reform Act 2009 allows such for deeds between individuals but not companies; ministers may fall under s.64(2)(b)(iii) for "a body corporate registered in the State other than a company", for which the 2009 act delegates to whatever the pre-existing requirements were ("executed in accordance with the legal requirements governing execution of deeds by such a body corporate").

Compare modern UK usage: Lord Privy Seal is given disused Privy Seal; prime minister gets no seal; Secretaries of State get three seals but most use none; Ken Clarke was surprised he was allowed to take his Chancellor of the Exchequer seal "home for the weekend".

Different types of secondary legislation; government order, ministerial order, others by courts or other bodies, regulations, ...

• 1942-06-02 re EPOs: "The individual Minister always acts by Ministerial Order made under the authority of a Government Order. It it the Government Order than can be annulled by resolution of the Oireachtas." How does SI 1947 affect?
• Statutory Instruments Act, 1947

  s.1(1) ... the expression “statutory instrument” means an order, regulation, rule, scheme or bye-law made in exercise of a power conferred by statute.

  s.2(1) This Act primarily applies to every statutory instrument which-—

  (a) is made on or after the 1st day of January, 1948, and

  (b) is made by any of the following authorities, namely:—

  (i) the President,

  (ii) the Government,

  (iii) any member of the Government,

  (iv) any Parliamentary Secretary,

  (v) any person or body, whether corporate or unincorporate, exercising throughout the State any function of government, or discharging throughout the State any public duties in relation to public administration,

  (vi) any authority having for the time being power to make rules of court, and

  (c) is either—

  (i) required by statute to be laid before both or either of the Houses of the Oireachtas, or

  (ii) is of such a character as affects the public generally or any particular class or classes of the public, and

  (d) is not a statutory instrument which is required by a statute to be published in the Iris Oifigiúil.

  1947-11-20 Dáil second stage "Having regard to the volume and variety of statutory instruments, it is not proposed to insist on the publication of all in the official series. Provision is accordingly being made empowering the Attorney-General to exempt from inclusion in the official, numbered series those statutory instruments which because of their merely local or personal application, temporary operation or limited effect, or for any other sufficient reason, should not be published in the official series. "

Later

• EPO 35 s.2 signature w/o seal suffices
• Taxes and Duties (Special Circumstances) Act, 1942 ss.3, 4, 5: provisional orders under the Provisional Collection of Taxes Act 1927 and Emergency Imposition of Duties Act 1932 required confirmation by act of the Oireachtas; but if "the Taoiseach is, owing to enemy action, unable to present such Bill to the President for his signature" then the order remains in force without such confirmation.

Design

The official seal has the word "Éire" in Gaelic script, and uses the modified harp (from a 1928 design by Percy Metcalfe) that is used as the official state symbol on coins and documents of the Republic of Ireland. The design of the official seal was approved by the Executive Council of the Irish Free State on 15 September 1937. In the seal it has fifteen strings.

The official seal is similar to the design of the Internal Great Seal of the Irish Free State which was under the custody of the Governor-General of the Irish Free State and had "Saorstát Éireann"; a new seal was needed for the President because of the change in the name of the state under the the 1937 Constitution.

"The Seal is applied directly to the fabric of each instrument executed under Seal, and imprints on it a permanent design in relief." The "seal" is a one-sided stamp for embossing the pattern on the relevant document, rather than a double-sided matrix for creating a wax seal tied to the document with ribbon. In the Dáil debate on the Presidential Seal Act 1937, James FitzGerald-Kenney and James Dillon complained that a "common stamp" was insufficiently dignified compared to a matrix.

Use

Chief Justice presents seal to President at inauguration.

The signature of the Secretary-General to the President "is essential for the authentication of the Presidential Seal when affixed to a document executed by the [Presidential] Commission under Seal".

Dev introducing the Pres Seal Act said functions requiring seal would be specified by law:

The clear meaning is that a particular document will not have the presidential seal affixed unless the President gives authority to do so. The class of documents to be sealed will be determined either by legislation or by the Constitution. On looking over the Constitution, I found that there are a greater number of documents than I thought where the presidential seal has to be affixed. The difference clearly is between a particular document and a class of document. By legislation you can only indicate the class of document which could be sealed, but, in the case of a particular document, the will of the President would come into operation. In other words, no unauthorised person would act.

Examples are

• Commissioned officers (per Const.) Defence Act 1954 s.42(2) and Defence Forces Act 1937 s.5 and Sch.1
• Dublin Institute for Advanced Studies officials Institute For Advanced Studies Act, 1940 ss.7-9, 11
• Ref Act 1942 s.15(6) ref to Const, but not retained by Referendum Act 1994 s.24(2)

  At an ordinary referendum, the proposal which is the subject thereof shall be stated on the ballot paper in the same terms as nearly as may be as such proposal is stated in the writing under the hand and seal of the President sent by him to the Taoiseach.

• General Elections (Emergency Provisions) Act 1943 s.3(2)d dissolution proclamation
• CENTRAL BANK ACT 1942 / REVISED Updated to 29 January 2019 Appoint/dismiss Central Bank of Ireland Governor (ss 19, 21), Appeals Tribunal members (ss 57D(2) and Schd 5 ss.6(2),7(2)) also their remuneration (Sched 5 s.5)
• Arts Act, 1951 Sched s.3(1) Arts Council director appointed by President.

-- any more?

Query whether incumbent President need only sign self-nomination form, since former president uses same form and has no seal 1937 s.10 rep by 1993 s.17.

The office of the president maintains registers of bills, diplomatic documents, and other "Executed Documents" to which the seal has been applied, older volumes of which are in file PRES 3 of the National Archives of Ireland. The practice with regard to application of the seal to instruments is dealt with in file PRES 1/P.34, and with regard to keeping records in file PRES 1/P.1.

Comparison of UK 1937 practice of great and lesser seals: Stewart, Robert B. (December 1937). "The Great Seal and Treaty-Making in the British Commonwealth" (PDF). Canadian Bar Review. 15 (10): 745–759.

NAI

Files in National Archives relating to the Presidential seal

File	Ref	Date range
President: signature of documents; Presidential Seal Act, 1937	TSCH/3/S10200 B	1937 Dec-Nov 1958
Presidential seal: custody and use	2011/127/48	1974 Dec-Aug 1981
Presidential seal: custody and use	TSCH/3/S10425 B/95	1959 Jun
Presidential seal: custody and use	TSCH/3/S10425 A	1937 Sep-May 1954
Presidential seal and signature: 1) Signature of documents 2) Presidential Seal Act, 1937	TSCH/3/S10200 A	1937
Presidential seal: design, supply, custody, repairs	2007/125/1	1976
Presidential seal: design, supply, custody, repairs	PRES/1/P23	1937-1953
Presidential seal: mechanical operation	PRES/1/P34	1937-1949
Presidential seal: authentication	PRES/1/P51	1938-1943
Presidential seal: replica for presentation to President on appointment	PRES/1/P356	1938-1959
King George VI: request for impression of presidential seal	PRES/1/P842	1937-1939
Presidential Seal: Omission in Time of Emergency; Order No. 35	PRES/1/P1777	1940-1951
Presidential seal: sealing of blank warrants	PRES/1/P2173	1942
Republic of Ireland Act, 1948: creation etc. of Presidential seal	PRES/1/P4260	1949-1950
Presidential Seal: queries including schools.	2018/96/2	1967-1987

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oireachtas "hand and seal"

Message to House of Oireachtas on Article 26 referral

Article 26 of the Constitution of Ireland

• 1940-03-06 Seanad Do: CATHAOIRLEACH SEANAD EIREANN. TO: THE CHAIRMAN OF SEANAD EIREANN. I, DOUGLAS HYDE, PRESIDENT OF IRELAND, do hereby inform you that the Supreme Court has decided that the Bill entitled Offences Against the State (Amendment) Bill, 1940 is not repugnant to the Constitution or to any provision thereof. I have accordingly this day signed the said Bill. Given under my hand and Seal this 9th day of February, 1940. (Signed) DUBHGHLAS DE H-ÍDE, Uachtarán na h-Éireann. President of Ireland.
• 1943-03-10 Seanad I, Douglas Hyde, President of Ireland, do hereby inform you that, after consultation with the Council of State I have this day referred the Bill entitled School Attendance Bill, 1942, to the Supreme Court pursuant to Article 26 of the Constitution for a decision on the question as to whether Section 4 of the said Bill is repugnant to the Constitution or to any provision thereof. / Given under my hand and Seal this 27th day of February, 1943.
  • 1943-04-16 Dáil Seanad I, Douglas Hyde, President of Ireland, do hereby inform you that the Supreme Court has decided that Section 4 of the Bill entitled School Attendance Bill, 1942, is repugnant to the Constitution. / In pursuance therefore of subsection 1º of Section 3 of Article 26 of the Constitution I have this day declined to sign the said Bill. / Given under my hand and Seal this 15th day of April, 1943. / Dubhglas de h-Ide, Uachtarán na h-Éireann, President of Ireland.
• 1976-03-18 Seanad I, CEARBHALL Ó DÁLAIGH, PRESIDENT OF IRELAND, do hereby inform you that, after consultation with the Council of State, I have this day referred the Bill entitled. / Criminal Law (Jurisdiction) Bill, 1975 / to the Supreme Court pursuant to Article 26 of the Constitution for a decision on the question as to whether the said Bill or any provision or provisions thereof is or are repugnant to the Constitution or to any provision thereof. / Given under my hand and Seal this 10th day of March, 1976.
  • 1976-05-06 Dáil I, Cearbhall Ó Dálaigh, President of Ireland, do hereby inform you that the Supreme Court has decided that the Bill entitled Criminal Law (Jurisdiction) Bill 1975 is not repugnant to the Constitution or to any provision thereof. I have accordingly this day signed the said Bill. Given under my hand and Seal this 6th day of May, 1976. Cearbhall Ó Dálaigh President of Ireland.
• 2005-01-26 Seanad I, Mary McAleese, President of Ireland, do hereby inform you that, after consultation with the Council of State, I have this day referred the Bill entitled Health (Amendment) (No. 2) Bill 2004 to the Supreme Court pursuant to Article 26 of the Constitution for a decision on the question as to whether the said Bill or any provisions thereof is or are repugnant to the Constitution or any provisions thereof given under my hand and seal on this day 22 December 2004.

Dissolution of Dáil (proclamation)

Sent to Seanad while still in session, and read into record; read into Dáil record upon reassembly after general election

• 1951-05-16 Seanad I have received from the Secretary to the President a copy of the Proclamation issued on the 7th May, 1951, dissolving Dáil Éireann and summoning that House to meet on the 13th June, 1951. / I have given directions to have the copy of the Proclamation set out in extenso in the usual manner in the Journal of the House. Consequent on this announcement it will also, of course, be printed in the Official Report of Debates. Following is the Proclamation:—

  Pursuant to an advice tendered to me by the Taoiseach under Section 2 of Article 13 of the Constitution, I, SEÁN T. Ó CEALLAIGH, President of Ireland, hereby dissolve Dáil Éireann on Monday, the 7th day of May, 1951, and summon and call together Dáil Éireann (the members whereof shall have been elected at the forthcoming General Election) to meet in the City of Dublin on Wednesday, the 13th day of June, 1951, at the hour of 3 o'clock in the afternoon for the despatch of such business as shall be submitted to it. / GIVEN UNDER MY HAND AND SEAL THIS 7th DAY OF MAY, 1951. / SEÁN T. Ó CHEALLAIGH, UACHTARÁN NA HÉIREANN (PRESIDENT OF IRELAND). / SEÁN UA COISDEALBHA, TAOISEACH.

• 1965 scan of copy with L.S.
• 1982-12-14 Dáil Pursuant to an advice tendered to me by the Taoiseach under section 2 of Article 13 of the Constitution, I, PATRICK J. HILLERY, President of Ireland, hereby dissolve Dáil Éireann on Thursday, the 4th day of November, 1982, and summon and call together Dáil Éireann (the members whereof shall have been elected at the forthcoming General Election) to meet in the city of Dublin on Tuesday, the 14th day of December, 1982, at the hour of 3 o'clock in the afternoon for the despatch of such business as shall be submitted to it.GIVEN UNDER MY HAND AND SEAL THIS 4th DAY OF NOVEMBER, 1982.

Summoning of Seanad

• 2011-05-25

  PROCLAMATION SUMMONING SEANAD ÉIREANN. / Pursuant to an advice tendered to me by the Taoiseach under section 8 of Article 18 of the Constitution, I, MARY McALEESE, President of Ireland, hereby fix Wednesday, the 25th day of May, 2011, for the first meeting of Seanad Éireann after the General Election lately held. / GIVEN under my hand and seal, this 20th day of May, 2011. / Máire Mhic Ghiolla Íosa ,UACHTARÁN NA hÉIREANN.(PRESIDENT OF IRELAND) / Éanna Ó Coinnigh,TAOISEACH.

Other

Resignation as President

• 1976-10-26
• "I, Mary Robinson, hereby resign from the office of President of Ireland with effect from 1 p.m. today, 12th September, 1997, given under my hand and seal, the 12th day of September, 1997".

Pardon

• Harry Gleeson "GIVEN under my Official Seal / This 19th day of December 2015"

Non-examples

• Notice of Council of State meeting, sent by Secretary on behalf of President.

External

The Free State's separate External Great Seal remained in existence for diplomatic documents sealed by George VI under the Executive Authority (External Relations) Act 1936. In practice the seal of the Minister for External Affairs (now the Minister for Foreign Affairs and Trade) was used to avoid recourse to the British monarch. The Republic of Ireland Act 1948 transferred remaining functions from the monarch to the President, so that the Presidential seal replaced the External Great Seal. However, the Department of Foreign Affairs and Trade has retained the custom of sealing instruments of ratification and accession to treaties with the seal of the minister (or, failing that, the Taoiseach) rather than of the President. The same is true for Full Powers instruments, except in relation to the Treaties of the European Union, where the Presidential seal is used.

References

Sources

• McDunphy, Michael (1945). "XXIII: The Presidential Seal". The President of Ireland: His Powers, Functions and Duties. Dublin: Browne and Nolan. pp. 87–89. Retrieved 8 May 2019.