The Constitution in Article 29.5.2 states
The State shall not be bound by any international agreement involving a charge upon public funds unless the terms of the agreement shall have been approved by Dáil Éireann.
This will lead to a few interesting days in the Dáil chamber. The Bailout cannot be drawn down on without the Dáil supporting the bailout. That means the Government will have to try and get that passed. Will they do it before the Budget? Will all the Government TD’s vote for the Bailout?
The Government may try and weasel out of a vote using Article 29.5.3 which states
This section shall not apply to agreements or conventions of a technical and adminstrative character.
But I don’t think the Attorney General or the Courts would support that decision.
So who is going to lobby their TD on this bailout?