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Notes by Etienne Rynne from a Council of Europe Course: Regional Culturalism: Ireland and the Celtic West. Also includes correspondence between Rynne and Professor Charles Thomas, Cornwall, discussing the course.

This subseries consists of material relating to pleadings and judgement in Ireland v Council of European Communities, 1973-4 (P143/1/14/1); material relating to the 9th annual ECTA [European Communities Trademark Practitioners Association] conference, Dublin, May 1990 (P143/1/14/2) and reports, addresses, agendas and other material relating to Council of Europe and European Communities 1990-1996 (P143/1/14/3).

Donal Barrington, Council of Ireland in the Constitutional Context (London, 1973), pamphlet issued by the Irish Association.

The Council of State is a body established by the Constitution of Ireland to advise the President of Ireland in the exercise of many of their discretionary, reserve powers. It also has authority to provide for the temporary exercise of the duties of the president if these cannot be exercised by either the president or the Presidential Commission (an eventuality that is very unlikely to occur, since it would require the simultaneous absence of the President and two members of the three-member Commission).

The Council of State consists of several government officials, who sit ex officio, as well as certain former office holders (President, Taoiseach, Chief Justice) and up to seven individuals of the president's own choosing. The ex officio members comprise the attorney general as well as individuals from each of three branches of government: legislature, executive and judiciary.

As a former President of Ireland, Mary Robinson, and therefore a former officer holder, Mary Robinson is a member of the Council of State. Material is arranged chronologically, covering several meetings convened by President Mary McAleese (in office 1997-2011) and President Michael D Higgins (in office 2011-2025). See also P143/4/14/12.

Material relating to the Council of State, a body established by the Constitution of Ireland to advise the President of Ireland in the exercise of many of their discretionary, reserve powers. Members include those by virtue of office (Taoiseach [Irish prime minister], Chief Justice, President of High Court, Chairman of Dáil Éireann [Irish lower house of parliament], Chairman of Seanad Éireann [Irish upper house of parliament], Attorney General), those by virtue of having held office (e.g. previous Taoisigh [Irish language term used for more than one Taoiseach]), and those appointed by the President. Members appointed by President Mary Robinson (MR): Monica Barnes; Emer Colleran; Patricia O'Donovan; Quintin Oliver; Rosemarie Smith; Donal Toolan; TK Whitaker [Chair?]. Material excludes that relating to MR addressing Houses of Oireachtas [Irish parliament] which can be seen in P143/4/11/3/5 and P143/4/11/6/2.

Ref: P143/4/14/12

Material relating to a meeting of the Council of State (COS) convened by President Mary McAleese, held at Áras an Uachtaráin [official residence of the President of Ireland], 08/04/2002, to allow her to consult with the COS on "whether Section 24 of the Housing (Miscellaneous Provisions) (No. 2) Bill, 2001, should be referred by the President to the Supreme Court for a decision on the question as to whether the Section is repugnant to the Constitution or to any provision thereof."

Material includes copies of the Bill as passed by both Houses of the Oireachtas (Irish Parliament); transcript extracts from Dáil Éireann and Seanad Éireann [Houses of Irish Parliament] debates (27, 28/03/2002); representations to the President, from the Irish Traveller Movement, Pavee Point, the National Traveller Women’s Forum and Teamworks, 27/03-05/04/2002, and press coverage on the matter, 28-30/03/2002. The Bill which would criminalise trespass on private and public land was deemed to be in breach of the equality clause of the constitution, by legal advisor to the representative groups, hence the need for referral to the Supreme Court.

Material relating to meeting of The Council of State (COS) convened by President Mary McAleese, held at Áras an Uachtaráin [official residence of the President of Ireland], 22/07/2009, to allow her to consult with the COS on "whether the Defamation Bill 2006 and the Criminal Justice (Amendment) Bill 2009 should be referred by the President to the Supreme Court for a decision on the question as to whether the Bills or any specified provision or provisions thereof are repugnant to the Constitution or to any provision thereof."

Material includes copies of the Bills as passed by both Houses of the Oireachtas (Irish Parliament) and explanatory memos; draft of the Defamation Bill Section 18, sent via email on 21/07/2009, with notation; press coverage on the matter, 29/04-18/07/2009 with notation; letter from Tim O'Connor, Secretary General to the President, informing Mary Robinson that President McAleese had signed the Bills into Law, 24/07/2009.

Material relating to meeting of The Council of State (COS) convened by President Mary McAleese, held at Áras an Uachtaráin [official residence of the President of Ireland],21/12/2010, to allow her to consult with the COS on "whether the Credit Institutions (Stabilisation) Bill 2010 should be referred by the President to the Supreme Court for a decision on the question as to whether the Bills or any specified provision or provisions thereof are repugnant to the Constitution or to any provision thereof."

Material includes notice from Adrian O'Neill, Secretary General to the President convening Council of State meeting on, 21/12/2010; print out of Credit Institutions (Stabilisation) Bill 2010, as initiated; print out of Opinion of the European Central Bank of 17 December 2010 on emergency stabilisation of credit institutions (CON/2010292); Credit Institutions (Stabilisation) Bill 2010 Explanatory Memorandum; transcript extracts from Credit Institutions (Stabilisation) Bill 2010 Second Stage Dáil Éireann Debate, 15/12/2010, and Seanad Éireann Debate, 16/12/2010, and Credit Institutions (Stabilisation) Bill 2010 Committee and Remaining Stages Seanad Éireann Debate, 16/12/2010; Credit Institutions (Stabilisation) Bill 2010 Second Stage speech by Dr Martin Mansergh TD, Minister of State and Department of Finance, 15/12/2010; Credit Institutions (Stabilisation) Bill 2010 Seanad Second Stage speech by Dr Martin Mansergh TD, Minister of State and Department of Finance, 16/12/2010; photocopy of Credit Institutions (Financial Support) Act 2008; photocopy of Directive 2001/24/EC of the European Parliament and the Council of 4 April 2001 on the reorganisation and winding up of credit institutions; print out of European Communities (Reorganisation and Winding-Up of Credit Institutions) Regulations 2004; Minister's Statement on banking, 30/09/2010; print out of press coverage of matter, including photograph of the members of the COS, 14-22/12/2010; photocopies and print outs of letters / emails sent to President McAleese from members of staff at Allied Irish Bank (AIB), 17-21/12/2010.

[The passing of the Bill cleared the way for the Finance Minister, Brian Lenihan, to make sweeping changes to the banking sector including nationalising AIB].

Material relating to meeting of The Council of State (COS) convened by President Mary McAleese, held at Áras an Uachtaráin [official residence of the President of Ireland],21/12/2010, to allow her to consult with the COS on "whether the Credit Institutions (Stabilisation) Bill 2010 should be referred by the President to the Supreme Court for a decision on the question as to whether the Bills or any specified provision or provisions thereof are repugnant to the Constitution or to any provision thereof."

Material includes notice from Adrian O'Neill, Secretary General to the President convening Council of State meeting on, 21/12/2010; print out of Credit Institutions (Stabilisation) Bill 2010, as initiated; print out of Opinion of the European Central Bank of 17 December 2010 on emergency stabilisation of credit institutions (CON/2010292); Credit Institutions (Stabilisation) Bill 2010 Explanatory Memorandum; transcript extracts from Credit Institutions (Stabilisation) Bill 2010 Second Stage Dáil Éireann Debate, 15/12/2010, and Seanad Éireann Debate, 16/12/2010, and Credit Institutions (Stabilisation) Bill 2010 Committee and Remaining Stages Seanad Éireann Debate, 16/12/2010; Credit Institutions (Stabilisation) Bill 2010 Second Stage speech by Dr Martin Mansergh TD, Minister of State and Department of Finance, 15/12/2010; Credit Institutions (Stabilisation) Bill 2010 Seanad Second Stage speech by Dr Martin Mansergh TD, Minister of State and Department of Finance, 16/12/2010; photocopy of Credit Institutions (Financial Support) Act 2008; photocopy of Directive 2001/24/EC of the European Parliament and the Council of 4 April 2001 on the reorganisation and winding up of credit institutions; print out of European Communities (Reorganisation and Winding-Up of Credit Institutions) Regulations 2004; Minister's Statement on banking, 30/09/2010; print out of press coverage of matter, including photograph of the members of the COS, 14-22/12/2010; photocopies and print outs of letters / emails sent to President McAleese from members of staff at Allied Irish Bank (AIB), 17-21/12/2010.

[The passing of the Bill cleared the way for the Finance Minister, Brian Lenihan, to make sweeping changes to the banking sector including nationalising AIB].