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. Do tháinig an Comh-Choiste le chéile ar 4.30 p.m.

2. I láthair: An Ceann Comhairle (Cathaoirleach); An tAire Sláinte, An tAire Rialtais Aitiúil, Rúnaí Párlaiminte don Aire Rialtais Aitiúil; Na Teachtaí Mac Phartaláin, B. O Brádaigh, Eabhróid agus Mac Cárthaigh; agus na Seanadóirí O Cuanacháin, O Dubhthaigh, O hAodha, O hEachthigheirn agus O Mórdha.

3. D’athchrom an Comh-Choiste ar Dhréacht-Thuarascáil an Chathaoirligh do bhreithniú.

(i) Breithniú breise ar mhír 23 curtha siar.

(ii) Mír 24.

Leasú tairgthe (Seanadóir O Mórdha):

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

Ceist curtha, agus aontaithe.

Leasú tairgthe (Seanadóir O Mórdha):

“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.’”

Leasú, fé chead, tarraingthe siar.

Mír, mar do leasaíodh, aontaithe.

(iii) Mír 25.

Leasú tairgthe (Aire Rialtais Aitiúil):

“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.’”

Ceist curtha, agus aontaithe.

Mír, mar do leasaíodh, aontaithe.

(iv) Mír 26.

Leasú tairgthe (Seanadóir O Dubhthaigh):

“To delete the paragraph.”

Leasú, fé chead, tarraingthe siar.

Leasú tairgthe (Seanadóir O Mórdha):

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

Ceist curtha, agus aontaithe.

Mír, mar do leasaíodh, aontaithe.

(v) Mír 27 aontaithe.

(vi) Breithniú ar mhír 28 curtha siar.

(vii) Mír 29.

Leasú tairgthe (Cathaoirleach):

“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.’”

Ceist curtha, agus aontaithe.

Leasú tairghte (Seanadóir O Mórdha):

“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.’”

Leasú, fé chead, tarraingthe siar.

Leasú tairgthe (Aire Rialtais Ailiúil):

“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.’”

Leasú leasaithe, fé chead, chun go léifeadh sé mar leanas:—

“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 forth with 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.’”

Ceist, mar do leasaíodh, curtha, agus aontaithe.

Leasú tairgthe (Aire Rialtais Aitiúil):

“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.’”

Leasú, fé chead, tarraingthe siar.

Mír, mar do leasaíodh, aontaithe.

(viii) Mír 30.

Leasú tairgthe (Aire Rialtais Aitiúil):

“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].’”

Ceist curtha, agus aontaithe.

Mír, mar do leasaíodh, aontaithe.

(ix) Mír 31.

Leasú tairgthe (Cathaoirleach):

“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.’”

Ceist curtha, agus aontaithe.

Leasú tairgthe (Cathaoirleach):

“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.’”

Ceist curtha, agus aontaithe.

Mír, mar do leasaíodh, aontaithe.

(x) Mír 32.

Leasú tairgthe (Aire Rialtais Aitiúil):

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

Ceist curtha, agus aontaithe.

Mír, mar do leasaíodh, aontaithe.

Breithniú breise ar an Thuarascáil curtha ar ath-ló.

4. Do chuaidh an Comh-Choiste ar ath-ló ar 5.50 p.m. sine die.