McGRATH LETTER:PRESIDENT MARY McAleese has no power to call a meeting of the Council of State to discuss the Lisbon Treaty, despite a request that she do so by Independent TD Finian McGrath.
The Dublin North Central TD wrote to the President this week asking her to call a meeting of the council to seek advice, and, perhaps, refer it on to the Supreme Court. Mrs McAleese signed an instrument last December giving then taoiseach Bertie Ahern and then minister for foreign affairs Dermot Ahern power to sign the treaty, subject to a referendum being held.
The legislation passed by the Houses of the Oireachtas recently enabling the referendum to be held is not sent on to the President until the referendum is finished.
Despite Mr McGrath's call, the President is not allowed under the Constitution to refer to the Supreme Court any Bill dealing with State finances, such as the Budget, or referendums on the Constitution. The power granted under Article 26 of the Constitution to the head of State to refer legislation to the Supreme Court applies to all legislation "other than a Money Bill, or a Bill expressed to be a Bill containing a proposal to amend the Constitution".
Last night, Mr McGrath said he had not been aware prior to sending his letter that the President is barred constitutionally from even considering his request, let alone acceding to it. Mr McGrath supports the Government.
