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Irish Mirror
Irish Mirror
National
David Kent

Explained: What Michael D Higgins has the power to do after #NotMyPresident trends online as bill for pubs and vaccine pass becomes law

#NotMyPresident trended on social media this evening as people criticised Michael D Higgins.

It was all a result of the President signing the Health (Amendment) (No.2) Bill 2021 into law.

That is the law which will see the pubs reopen on July 26 for those who are vaccinated or have recovered from Covid-19.

Many felt this to be somewhat 'discriminatory' - but they failed to realise something: that Michael D had no real option but to sign the bill.

Here's the low down on what powers he has.

What does the President do when a bill is brought to him?

Once a bill passes through the Dáil and the Seanad, it goes to Áras an Uachtaráin.

When that happens, the President cannot refuse it or block it from happening, apart from if they believe it to be unconstitutional.

In that case, he or she can refer it to the Supreme Court.

If the Supreme Court upholds the bill, the president must sign it. If, however, it is found to be unconstitutional, the president will decline to give assent.

Michael D Higgins (YouTube)

When can a President refuse to sign a bill?

In 99% of the cases, never.

If requested to do so by a petition signed by a majority of the membership of the Seanad, and one-third of the membership of the Dáil, the president may, after consultation with the Council of State, decline to sign into law a bill (other than a bill to amend the constitution) they consider to be of great "national importance" until it has been approved by either the people in a referendum or the Dáil reassembling after a general election, held within eighteen months.

This power has never been used, and no such petition has been invoked.

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