THE Council of State is the body which the President must consult before exercising three of the discretionary powers of the Presidency under the Constitution.
Firstly, it must be consulted before the President refers a Bill to the Supreme Court to test its constitutionality. This is what has just happened.
Secondly, the President may refuse to sign a Bill if petitioned by a majority of the Seanad and at least one third of the Dail, on the basis that it contains a proposal of such national importance that the will of the people should be sought.
After consulting the Council of State, the President may accept a request to refuse to sign the Bill and the proposal would then have to be put to, and approved, in a referendum before he or she signs it.
Alternatively, the Dail may be, dissolved if the President refuses to sign such a Bill, and before signing it a new Dail would have to be elected which approved the proposal.
So far this power of the President has never been invoked.
Thirdly, the President may seek to address the Houses of the Oireachtas on matters of national or public importance. Again, he or she must consult the council of State before doing so. However, in none of these instances must the President follow the council's advice.
The President does not consult the Council of State if she (or he) wishes to refuse to dissolve the Dail on the advice of a Taoiseach: who has lost the support of the majority of its members.
The Council of State is composed of the Taoiseach, the Tanaiste, the Chief Justice, the President of the High Court, the Ceann Comhairle of the Dail, the Cathaoirleach of the Seanad the Attorney General, previous Presidents, Taoisigh or Chief Justices if they are willing and able, and seven people appointed by the President.
At the moment, therefore, the ex officio members of the Council of State include Mr Bruton, Mr Spring, Mr Justice Hamilton, Mrs Justice Costello, Mr Dermot Gleeson SC, Mr Sean Treacy, Senator Liam Cosgrave, Mr Jack Lynch, Dr Garret FitzGerald, Mr Liam Cosgrave, Mr Justice T.F. O'Higgins, Dr P.J. Hillery, Mr Charles Haughey and Mr Albert Reynolds who may sit on it if they are willing and able.
The President's appointees are: Ms Emer Colleran, Ms Patricia O'Donovan, Mr Quintin Oliver, Ms Mary O'Rourke, Ms Rosemarie Smith, Mr Donal Toolan and Dr T.K. Whitaker.
In a statement on the Employment Equality Bill last night, the TUI said it believed "section 37 runs roughshod over teachers' rights as citizens of the State", adding that it undermined the objectives of an otherwise welcome piece of legislation.