THE Ceann Comhairle's Office is expected to take legal advice on the constitutionality of a proposal by the Government to introduce a new method of appointing the office holder.
In a major change the Government is proposing that the Ceann Comhairle, the independent chairman of the Dail, be chosen after the election of a new Taoiseach and Government. The Ceann Comhairle is currently the first constitutional officer to be elected by a new Dail on its first sitting day.
In a parliamentary reform package announced earlier this week, the Government said the change is intended to give the outgoing Ceann Comhairle continuity in office after a general election until his successor is elected.
But legal sources suggest that the constitutional standing and independence of the office could be diminished if the Ceann Comhairle does not continue to fall with the outgoing Dail and the new office holder is not chosen first by the new Dail before the election of the government.
The proposed change could give an incoming government the opportunity to award the position to one of its own supporters after it had secured election in a tight vote, rather than allowing the choice to be made first by the Dail as a whole.
The Ceann Comhairle's job is regarded as a plum position, carrying a ministerial salary and State car, and the office holder is automatically re elected to the Dail in a general election.
Government sources confirmed yesterday that the new proposal is designed to surmount the difficulties which faced the Dail on its first sitting after the last two inconclusive general elections.
Mr Sean Treacy was re elected Ceann Comhairle in 1989 and 1992 as negotiations proceeded on the formation of the Fianna Fail/Progressive Democrats and Fianna Fail/Labour coalitions, because the Dail was bound, by constitutional convention and under its own standing orders, to elect the Ceann Comhairle before it could attempt to elect a Taoiseach.
A move by the Labour Party to, elect a temporary Ceann Comhairle in December 1992, until the new government was formed was ruled out, following advice from the Attorney General's Office that it would be unconstitutional to do so.
