Memorandum by Michael McDunphy on the relationship between the
Executive Council and the Department of External Affairs, with reply by
Seán Moynihan

1. There is a growing tendency, particularly within the last few years, on the part of the Department of External Affairs to take on its own initiative, action which should, in my opinion, receive the prior imprimatur of the Executive Council.

2. The view expressed by the Secretary of the Department in conversation is that as the President, in the present Government, is also Minister for External Affairs, any action taken by him in the latter capacity, must be regarded as done with the approval of the President, and therefore with the approval of the Executive Council.

3. I do not agree.

4. I have pointed out to the President that precedents are being created for the taking of important State decisions by the Minister for External Affairs, without reference to the Executive Council, which may prove very awkward later if and when the folio of Minister for External Affairs is held by a Minister other than the President.

5. The principal spheres in which there tends to be an increased departure from what I regard as correct practice are

1. Negotiation of Treaties. S.5113.
2. Appointment of Ministers abroad. S.2011.
3. Approval of the Appointment of Foreign Ministers to Saorstát Éireann. S.6070.
4. Approval of the grant of foreign honours to Saorstát citizens. S5443.
5. Advice to the King in respect of the grant of full powers and other matters. S.6139.
6. Appointment of delegates to international conferences. Misc.

6. The procedure in respect of matters (b) and (d) has now been rectified, as a result of our representations.

7. The President has called for a statement in respect of (a) and this is being prepared. S.5113.

8. The others matters (c) (e) and (f) are also being investigated.

Secretary,

To see attached note.

It relates to the matters which we are investigating at present.

I have already sent you a note re item (c) par. 5. Item (a) involves a very lengthy examination and the preparation of troublesome returns, but will shortly be completed.

Mr. McDunphy:¹

Seen. The President has impressed on Mr. Walshe, Secretary, Department of External Affairs, the importance of obtaining Executive Council approval in connection with all such matters as those listed in your note.