“Extern minister”的意思、由来-开放百科全书

In the Irish Free State, an extern minister, formally a Minister who shall not be a Member of the Executive Council,^[1] was a minister who had charge of a department but was not a member of the Executive Council. Extern ministers were individually nominated by Dáil Éireann (the lower house), whereas of the Executive Council only the President was: he in turn nominated the other members. All ministers were formally appointed by the Governor-General. The Executive Council included the senior ministers, exercised cabinet collective responsibility, and had to be TDs (members of the Dáil); the extern ministers filled more junior technocratic roles, and need not be legislators, though in fact all were TDs. In practice, all ministers formed a united administration, and no extern ministers were appointed after 1927.

Origins

James G. Douglas, chair of the constitution drafting committee, proposed extern ministers on the model of the Swiss Federal Council.^[2] Leo Kohn suggested a precursor was the "Directors" created outside the 1919 Dáil Cabinet by the First Dáil, but Nicholas Mansergh disagreed and Brian Farrell felt the 1919 model was UK junior ministers (parliamentary secretaries).^[2] The idea of extern ministers was first mooted as a way of placating republicans opposed to the 1921 Anglo-Irish Treaty on which the Free State was founded. It would have allowed republicans to hold ministries in a national unity government without their having to take the Oath of Allegiance which the Treaty required of members the Oireachtas (parliament). The draft constitution provided for an Executive Council of twelve, of whom four, including the President and Vice President, must be members of the Dáil; of the other eight, at most three might be members of the Dáil or Seanad (upper house).^[3] However, British government objections meant the proposal was altered, and extern ministers were required to take the Oath and, though nominated by the Dáil, were appointed by the Governor General. These monarchist changes were unacceptable to republicans.

Nevertheless, as introduced, it still was hoped that extern ministers might be independent non-party figures, possibly non-politicians, who were not even members of the Oireachtas. The Third Dáil as a constituent assembly passed a resolution on 6 October 1922 which stated in part:^[4]

A committee was formed to draft corresponding articles for the Constitution,^[4] and subsequently another committee nominated ministers for relevant departments.^[1]

Constitutional provisions

Implementation and abandonment

The portfolios to which extern ministers were appointed were Minister for Posts and Telegraphs, Minister for Lands and Agriculture, Minister for Fisheries, and Minister for Local Government and Public Health. Although extern ministers were appointed from 1922 until 1927, in reality they formed a single Cumann na nGaedheal government with the Executive Council, rather than being independent of it. No extern minister was chosen from outside the Dáil; nor from the opposition (Labour, Farmers' Party, or independents) despite the requirement to be "impartially representative of Dáil Eireann".^[6] The corporatist vocational councils mentioned in Article 56 were never created. The Ministers and Secretaries Act 1924 required that the parliamentary secretary of an extern minister be a member of the Dáil, whereas Executive Council ministers' parliamentary secretary were permitted to be from either house of the Oireachtas.^[7] In fact, only Dáil deputies were ever appointed.^[8]

The Annual Report of the Department of Agriculture and Technical Instruction for the year 1921 (delayed by the Civil War) was submitted by the Minister for Agriculture, Patrick J. Hogan, on 22 February 1923 to the Executive Council for transmission to the Governor General. Labour leader Thomas Johnson objected that, as an extern minister, Hogan should have submitted the report to the Dáil rather than the Executive Council; Hogan agreed that it had been a mistake.^[9]

The Constitution (Amendment No. 5) Act, 1927 increased the maximum size of the Executive Council from seven to twelve.^[10] Thereafter, since twelve was the maximum total number of Ministers, there was no point in a TD being an extern minister rather than a member of the Executive Council. The amendment was enacted just before the June 1927 general election, and the subsequent Executive Council included the portfolios previously assigned to extern ministers. Although there was still the possibility of a senator or non-legislator being appointed extern minister, senators objected that Amendment No. 5 made a senator minister less likely.^[11] The Constitution (Amendment No. 15) Act, 1929 allowed a senator to be a member of the Executive Council.^[12]

The 1937 Constitution requires ministers to be members of the Oireachtas.^[13] The Constitutional Convention in 2013 recommended allowing non-legislators to become ministers; Enda Kenny rejected this, on the basis that someone nominated to the Senate by the Taoiseach could become a minister.^[14] This has happened twice: Seán Moylan in 1957 and James Dooge in 1981–1982.^[15]

Sources

References

1. ^¹{{cite web|url=http://archive.oireachtas.ie/en.toc.com.010.html|title=[Dáil] Committee selected to make recommendations as to Ministers who shall not be Members of the Executive Council|year=1922|work=Committee Reports|publisher=Oireachtas|accessdate=21 September 2014}}{{dead link|date=January 2018 |bot=InternetArchiveBot |fix-attempted=yes }}
2. ^¹Mansergh 1934, pp.158–160; Cahillane 2016 p.128
3. ^Malone 1929, p.369
4. ^¹{{cite web|url=http://archive.oireachtas.ie/1922/REPORT_10101922_0.html|title=Report - Executive Articles of Constitution of Saorstát Eireann Bill|date=10 October 1922|work=Committee Reports|publisher=Oireachtas|accessdate=21 September 2014}}{{dead link|date=January 2018 |bot=InternetArchiveBot |fix-attempted=yes }}
5. ^{{cite web|url=http://www.irishstatutebook.ie/1922/en/act/pub/0001/print.html|title=Constitution of the Irish Free State (Saorstát Eireann) Act, 1922|work=Irish Statute Book|accessdate=21 September 2014}}
6. ^Malone 1929, pp.373–4
7. ^{{cite web|url=http://www.irishstatutebook.ie/eli/1924/act/16/section/7/enacted/en/html#sec7|title=Ministers and Secretaries Act, 1924, Section 7|date=21 April 1924|work=Irish Statute Book|accessdate=7 November 2015}}
8. ^Coakley 2010, p.15 fn.14
9. ^{{cite web|url=http://oireachtasdebates.oireachtas.ie/debates%20authoring/debateswebpack.nsf/takes/dail1923112200010|title=A Question Of Privilege.|date=22 November 1923|work=Dáil Éireann Debates|pages=Vol.5 No.15 p.10 cc.1087–1090|accessdate=18 September 2017}}
10. ^{{cite web|url=http://www.irishstatutebook.ie/1927/en/act/pub/0013/print.html |title=Constitution (Amendment No. 5) Act, 1927 |work=Irish Statute Book |accessdate=16 April 2015}}
11. ^{{cite web|url=http://oireachtasdebates.oireachtas.ie/Debates%20Authoring/DebatesWebPack.nsf/committeetakes/CNN1927021000003?opendocument|title=Select Committee Constitution (Amendment No. 5) Bill, 1926|date=10 February 1927|work=Committee proceedings|publisher=Oireachtas|accessdate=16 April 2015}}
12. ^{{cite web|url=http://www.irishstatutebook.ie/1929/en/act/pub/0009/index.html|title=Constitution (Amendment No. 15) Act, 1929|work=Irish Statute Book|accessdate=16 April 2015}}
13. ^Constitution of Ireland, Article 28.7
14. ^{{cite web|url=http://oireachtasdebates.oireachtas.ie/debates%20authoring/debateswebpack.nsf/takes/dail2015042100056#WRD00800|title=Written Answer No.225: Constitutional Convention Recommendations|date=21 April 2015|work=Dáil Éireann debates|publisher=Oireachtas|page=56|accessdate=30 October 2015}}
15. ^{{cite journal|last=Coakley|first=John|date=December 2010|title=Selecting Irish government ministers : an alternative pathway?|journal=Administration|publisher=Institute of Public Administration of Ireland|volume=58|issue=3|pages=1–26 : 17–18|url=http://researchrepository.ucd.ie/bitstream/handle/10197/2762/coakley_administration_2010.pdf#page=18 |format=PDF|accessdate=22 Sep 2017}}