Committee Reports > List of Committees > Dáil > 1947 > Committee on Procedure and Privileges > Report - Seanad Panel Elections

IMEACHTA AN CHOMH-CHOISTE

PROCEEDINGS OF THE JOINT COMMITTEE

Dé Máirt, 11ú Márta, 1947.

Tuesday, 11th March, 1947.

1. The Joint Committee met at 4.30 p.m.

2. Present: Ceann Comhairle (Chairman); Minister for Health, Minister for Local Government, Parliamentary Secretary to the Minister for Local Government; Deputies Bartley, B. Brady, Everett and McCarthy; and Senators Counihan, Duffy, Hayes, Hearne and Kingsmill Moore.

3. The Joint Committee resumed consideration of the Chairman’s Draft Report.

(i) Further consideration of paragraph 23 postponed.

(ii) Paragraph 24.

Amendment proposed (Senator Kingsmill Moore):

“After the word ‘contributing’ in the fourth sub-paragraph to add the words ‘to the discussions of the House and imparting to.’”

Question put, and agreed to.

Amendment proposed (Senator Kingsmill Moore).

“To delete the fifth sub-paragraph and substitute the following sub-paragraph:—

‘The Committee recommend that no person shall be considered eligible on the ground of his knowledge and experience unless in the opinion of the returning officer his knowledge and experience are such as to make it probable that he will be competent to impart to his fellow senators and contribute to the discussions of the House well informed advice and instructed judgment in connection with the particular interests or services which he claims to represent.’”

Amendment, by leave, withdrawn.

Paragraph, as amended, agreed to.

(iii) Paragraph 25.

Amendment proposed (Minister for Local Government):

“To add at the end of the paragraph the following:—‘With a view to rendering this provision effective it is recommended that provision be made whereby any candidate nominated for a panel shall be entitled to inspect the nomination paper of any other candidate nominated for that panel.’”

Question put, and agreed to.

Paragraph, as amended, agreed to.

(iv) Paragraph 26.

Amendment proposed (Senator Duffy):

“To delete the paragraph.”

Amendment, by leave, withdrawn.

Amendment proposed (Senator Kingsmill Moore):

“To delete the words ‘to the judicial referee,’ and after the word ‘submitted’ to insert the words ‘unless by leave of the judicial referee.’”

Question put, and agreed to.

Paragraph, as amended, agreed to.

(v) Paragraph 27 agreed to.

(vi) Consideration of paragraph 28; postponed.

(vii) Paragraph 29.

Amendment proposed (Chairman):

“After the word ‘person’ in line 6 of the second sub-paragraph to insert the words ‘other than a Deputy or Senator’ and in lines 10 and 11 of the same sub-paragraph to delete the words ‘or in the case of a Deputy or Senator elector, at the office of the Seanad Returning Officer.’”

Question put, and agreed to.

Amendment proposed (Senator Kingsmill Moore):

“In line 2 of the third sub-paragraph, after the word ‘shall’ to insert the following words:—

‘if a deputy or senator, without leaving the office of the Seanad Returning Officer and in the presence of the Seanad Returning Officer, and if an elector other than a deputy or senator.’”

Amendment, by leave, withdrawn.

Amendment proposed (Minister for Local Government):

“In the third last line to delete the word ‘stamp’ and substitute therefor the word ‘certificate’; to delete the last five words of the paragraph and substitute the following:—

‘conveyed forthwith on the close of the poll by the postal authorities to the Office of the Seanad Returning Officer,’ and to add at the end of the paragraph the following:—

‘The certificate referred to is a certificate by the returning officer that the requirements above-mentioned have been complied with. The postal box when closed should bear a similar certificate by the returning officer.

No ballot paper posted otherwise than in the postal box set aside for the purpose shall be valid.

Any elector who endeavours to dispose of his ballot papers otherwise than by placing them in the envelope referred to shall be guilty of an offence equivalent to an illegal practice.

An elector who spoils his ballot paper shall not be entitled to receive another ballot paper in substitution therefor.

An elector who is unable owing to physical incapacity to mark the ballot paper without assistance shall be entitled to receive the necessary assistance from the returning officer.

It is suggested that the poll should be open for at least a week and that a day and hour should be fixed both for the opening and closing of the poll.’”

Amendment amended, by leave, to read as follows:

“In the third last line to delete the word ‘stamp’ and substitute therefor the word ‘certificate’; to delete the last five words of the paragraph and substitute the following:—‘conveyed forthwith on the close of the poll by the postal authorities to the office of the Seanad Returning Officer,’ and to add at the end of the paragraph the following:—

‘The certificate referred to is a certificate by the returning officer that the requirements above mentioned have been complied with. The postal box when closed should bear a similar certificate by the returning officer.

The Joint Committee further recommend that no ballot paper posted otherwise than in a postal box set aside for the purpose shall be valid.

It is recommended also that the poll should be open for at least a week.

It is further recommended that Deputy and Senator electors be empowered, alternatively, on reasonable notice being given to the Seanad Returning Officer, to receive and mark their ballot papers at the office of the Seanad Returning Officer and to post them in the post office box provided by the postal authorities for that purpose.’”

Question, as amended, put, and agreed to.

Amendment proposed (Minister for Local Government):

“To add at the end of the paragraph the following:

‘To provide for the contingency of the local returning officer not being in a position to identify all the members of a County Council or County Borough Council who, it is proposed (par. 30) will form part of the electorate, it is suggested that a register of members of each County Council and each County Borough Council be prepared which shall be signed by the members of each Council respectively and be maintained by the local returning officer. At a Seanad election, the member shall be required to give a receipt for his ballot paper and form of declaration of identity and his signature can then be checked with that on the register.

It is recommended that the County Registrar, or, in the alternative the under-Sheriff be the local returning officer for the purposes of this paragraph.’”

Amendment, by leave, withdrawn.

Paragraph, as amended, agreed to.

(viii) Paragraph 30.

Amendment proposed (Minister for Local Government):

“After the expression ‘County Borough’ in line 6 of the paragraph to insert the following:—‘including the members of the Council of a County and County Borough removed from office in pursuance of Part IV of the Local Government Act, 1941 [No. 23 of 1941].’”

Question put, and agreed to.

Paragraph, as amended, agreed to.

(ix) Paragraph 31.

Amendment proposed (Chairman):

“To add at the end of the first sub-paragraph the words ‘occurring amongst those members of Seanad Éireann, who are required by the Constitution to be elected from panels of candidates.’”

Question put, and agreed to.

Amendment proposed (Chairman):

“In the third sub-paragraph, lines 2 and 3, to delete the words ‘Dáil Éireann or of Seanad Éireann or of members of both,’ and to substitute therefor the words ‘the Houses of the Oireachtas.’”

Question put, and agreed to.

Paragraph, as amended, agreed to.

(x) Paragraph 32.

Amendment proposed (Minister for Local Government):

“In the fourth line, to insert after the word ‘the’ the words ‘Clerk-Assistant of Seanad Éireann.’”

Question put, and agreed to.

Paragraph, as amended, agreed to.

Further consideration of the Report adjourned.

4. The Joint Committee adjourned at 5.50 p.m. sine die.