1. The draft Bill follows the pattern of the Executive Authority (External Relations) Act, 1936.
2. The adjective 'international' in the short title of the Bill seems preferable to 'external', notwithstanding the use of the latter term in article 29(4)(1°) of the Constitution. It will be observed that the caption of article 29 is 'International Relations'.
3. It will arise for consideration whether the Executive Authority (External Relations) Act, 1936, should be repealed.
4. Even if it is proposed to continue to avail of the machinery of section 3 (I) it would nevertheless be desirable to repeal the rest of the Act. Sections 1 and 2 will have no purpose after the passing of the present Bill. Section 3 (2), in its first limb, has already operated to give effect to the abdication of Edward VIII of Great Britain; its repeal now cannot restore that or any other king here or elsewhere. The second limb of section 3 (2) has never had any purpose, because on the day prior to the passing of the Act the British king was by the Twenty-Seventh Amendment fully, finally and for all purposes removed from the old Constitution. The continued existence of this latter part of the section, while of no legal significance, is a matter of national embarrassment.Even if it is proposed to continue to avail of the machinery of section 3 (I) it would nevertheless be desirable to repeal the rest of the Act. Sections 1 and 2 will have no purpose after the passing of the present Bill. Section 3 (2), in its first limb, has already operated to give effect to the abdication of Edward VIII of Great Britain; its repeal now cannot restore that or any other king here or elsewhere. The second limb of section 3 (2) has never had any purpose, because on the day prior to the passing of the Act the British king was by the Twenty-Seventh Amendment fully, finally and for all purposes removed from the old Constitution. The continued existence of this latter part of the section, while of no legal significance, is a matter of national embarrassment.
5. Whether the Executive Authority (External Relations) Act, 1936, is to be repealed in whole or part it would, perhaps, be nationally desirable to do so by a single-section Bill introduced at the same time rather than as part of the Presidential (International Powers and Functions) Bill.
6. Now as to the general provisions of the Constitution with regard to the powers of the President and the exercise of the executive power of the State. Article 13 (10) of the Constitution provides that, subject to the Constitution, additional powers and functions may be conferred on the President by law; and section (II) of the same article adds that no power or function conferred on the President by law shall be exercisable or performable by him save only on the advice of the Government. By article 28 (2) the executive power of the State shall, subject to the provisions of the Constitution, be exercised by or on the authority of the Government. Article 29 (4) (1°) repeats that provision in these words: ‘the executive power of the State in or in connection with its external relations shall in accordance with article 28 of the Constitution be exercised by or on behalf of the Government.’

É I R E
DRAFT OF
Acht (Cumhachta agus Feadhmanna Idirnaísiunta) an Uachtaráin, 1947.
The Presidential (International Powers and Functions) Act, 1947

Arrangement of Sections

Section

1. Appointment of diplomatic and consular representatives.
2. Treaty-making power.
3. Exercise of the foregoing powers.
4. Repeal of the Executive Authority (External Relations) Act, 1936.
5. Short title.

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AN ACT to make provision in accordance with the Constitution for the exercise by the President of Ireland of the executive power of the State in the domain of international affairs and for other matters connected with the matters aforesaid.
Be it enacted by the Oireachtas as follows:-

1. 1. The diplomatic representatives of Ireland in other countries shall be appointed on the authority of the Government.
   2. The consular representatives of Ireland in other countries shall be appointed by or on the authority of the Government.
2. Every international agreement concluded on behalf of Ireland shall be concluded by or on the authority of the Government.
3. The President is hereby authorised to appoint diplomatic and consular representatives of Ireland to other countries and to conclude international agreements on behalf of Ireland as and when advised by the Government so to do.
4. The Executive Authority (External Relations) Act, 1936 (No. 58 of 1936) is hereby repealed. (Or, Section 1 and 2 and sub-section 2 of section 3 of the Executive Authority (External Relations) Act, 1936 (No. 58 of 1936) are hereby repealed.)
5. This Act may be cited as the Presidential (International Powers and Functions) Act, 1947.