THE President's power to refuse a dissolution of the Dail should be replaced with a measure to allow a "constructive vote of no confidence" by the Dail, according to the review group.
The group recommends that Article 13.2.2 should be deleted and replaced with a measure in Article 28 allowing for a constructive vote of no confidence by the Dail, "which at the same time nominates an alternative taoiseach."
It says this would be the best option as the group "would prefer that the involvement of the President in party political issues should, if possible, be avoided".
It also recommends a review of the nomination of presidential candidates to make it more democratic. It recommends that two options might be explored to "loosen the nomination procedure".
One option would be to allow a specified number of voters to nominate a candidate. The other would be a reduction in the number of members of the Oireachtas required for nomination.
These are the two major changes recommended. The remainder of the chapter deals with minor rewordings, leaving the office of the President and the presidential powers substantially unchanged.
The group has said the President's term should remain at seven years and emphasised that it be kept "impeccably remote from party politics".
On whether the presidential powers be extended to the selection of judges or the appointment of members of the Constituency Commission, the group says these moves would have two serious disadvantages.
They would "involve the President in party politics" as the selection of judges could become a contentious political issue in presidential elections, and such a power would be detrimental to accountability, as the President was not answerable to the Oireachtas and the courts.
The group recommends changing the wording of two clauses, firstly to specify that the President is the Head of State" and secondly the deletion of the words "a system of proportional representation", as this was an inaccurate description of the election process.
The group considered changing the age limit for the President. It concludes that the majority favoured no change or only a minor reduction in the age limit. At President candidates must be over 35.
On the question of regulating the President's right to address the nation, the group says the role is positioned "above politics" and, this was well recognised. "Matters of this kind are best left to the wisdom and sense of propriety of those entrusted with high public office."
The group notes that the UN Human Rights Committee was concerned about the religious aspects of the President's declaration. It recommended there should be a provision to allow the President to make a declaration or an affirmation.
However, it does not recommend incorporating a pledge to uphold human rights, saying the promise to maintain the Constitution was "comprehensive in scope".
On the President's involvement in the formation of government the group says it is not recommending any increase in these presidential powers.
The President currently appoints the Taoiseach and the cabinet on the nomination of the Dail and the Taoiseach.
This theme of political distance is repeated throughout the chapter. "The President, freed from executive functions - and the divisiveness which political activity would necessarily entail - serves as a personification of the State. From the President, the people seek a reflection of their highest values and aspirations."
The group considers there is no public demand or good reason for abolition of the office. "A state requires a head of state the President's function as guardian of the Constitution requires that the office, be separate from the executive.
