Committee Reports > List of Committees > Joint > 1961 > Committee on Electoral Law > Joint Committee on Interim, 2nd Interim, 3rd Interim and Final Reports - Electoral Law

IIMEACHTAÍ AN CHOMHCHOISTE

PROCEEDINGS OF THE JOINT COMMITTEE

Dé Céadaoin, 15 Márta, 1961.

Wednesday, 15th March, 1961.

1. The Joint Committee met at 5 p.m.

2. Members Present.

The following members were present:—

Deputy Healy (in the Chair), Deputies Booth, Kitt, Loughman, Moloney, Norton and Russell, Senators Cole, Ó Maoláin, O’Quigley and Ryan.

3. Second Interim Report of Joint Committee.

The Chairman brought forward a draft Second Interim Report for consideration.

(i) Paragraphs 1 to 12, inclusive, agreed to.

(ii) Paragraph 13.

Paragraph read as follows:

“The Joint Committee considers that the period of seven months between the qualifying date and publication of the register should be reduced. The Committee has consulted the County Registrars’ Association, who have agreed that such a reduction is possible. The Committee considers the most suitable dates within the reduced period for the purposes mentioned in this Head are:—

The Committee attaches great importance to the pattern 15th October as qualifying date, 15th January as last date for receipt of claims and objections and 15th April as date of publication of the register. The qualifying date is moved forward because of serious objections to 15th September, when rate collectors, who do most of the field work, are busiest. There is no good reason for having different dates for the receipt of claims and objections and they could conveniently be taken together. Further, the publication of lists of objections to claims is an unnecessary formality, as there are, in fact, very few such objections. It should suffice to require the objector to give a written notice of objection to the revising officer and to the claimant on or before 25th January. These dates should be regarded as discretionary rather than mandatory.”

Amendment proposed (Senator Ó Maoláin):

“In lines 28 and 29, to delete the sentence ‘These dates should be regarded as discretionary rather than mandatory’ and to substitute ‘All dates, including the qualifying date and the date of publication of the register, should be prescribed by order. Every such order should be subject to confirmation by resolution of both Houses of the Oireachtas’.”

Amendment agreed to.

Paragraph, as amended, agreed to.

(iii) Paragraphs 14 to 21, inclusive, agreed to.

(iv) Paragraph 22.

Paragraph read as follows:

“These provisions are obviously designed to enable nominations to be ruled on with the maximum of formality. If, however, the Joint Committee’s recommendations in paragraph 17 are accepted, there will be no proposer, seconder or assentors to a nomination, whose bona fides would require authentication. Further, under the proposal in this Head, the returning officer’s functions will be specifically limited to ruling a nomination paper invalid only if it is not properly made out. Under the recommendation in paragraph 28 he will be required to object to a nomination paper on certain other grounds, but these are such that an immediate decision should not be difficult. The most important question, which is whether or not a candidate is properly qualified for election, would, as at present, be settled only by an election court on petition. The Committee feels that in these circumstances the limited functions of the returning officer at nominations could be discharged on the spot, and, as a further step towards the rationalisation of nominations procedure, recommends that—

Amendment proposed (Deputy Norton):

“To add to the paragraph the words: ‘(iii) the returning officer should be required to be available to candidates in his office on the day prior to and on the last day for receiving nominations.”’

Amendment agreed to.

Paragraph, as amended, agreed to.

(v) Paragraph 23.

Paragraph read as follows:

“The Joint Committee considered whether a penalty should be prescribed for a false declaration by a candidate that he is eligible for election but decided that the operation of such a provision would be difficult, if not impossible. The Committee decided, however, that a maximum penalty of £100 and/or six months imprisonment should be prescribed. An ineligible candidate who is elected would, of course, continue to be subject to removal under the ordinary procedures.”

Amendment proposed (Senator Ó Maoláin):

“In lines 3 to 5 delete the words ‘but decided that the operation of such a provision would be difficult, if not impossible. The Committee decided, however,’ and to substitute the words ‘and decided’.”

Amendment agreed to.

Paragraph, as amended, agreed to.

(vi) Paragraphs 24 to 28, inclusive, agreed to.

(vii) New paragraph.

Amendment proposed (Senator Cole):

“Before paragraph 29 to insert a new paragraph as follows:—

‘The Joint Committee recommends that a candidate should be entitled to enter the name of the political affiliation, which he represents, in the nomination paper and the ballot paper, and that a candidate may use the expression “Independent” without further formality. The Committee is reviewing the question and will submit an early recommendation on its implementation’.”

Question:—“That the new paragraph be there inserted”—put, and agreed to.

(viii) Paragraph 29 deleted.

(ix) Paragraph 30.

Paragraph read as follows:

“The Joint Committee recommends this proposal. The Committee suggests the use of Roman script for the Irish headings in the proposed ballot paper and the omission of the headings ‘Ainmneacha na n-Iarrthóirí’ and ‘Names of Candidates’. The Committee, as stated in paragraph 29, has not come to any conclusion as to whether or not a candidate’s political affiliation may appear in the nomination paper.”

Amendment proposed (Deputy Booth):

“In lines 5 to 7, to delete the words ‘The Committee, as stated in paragraph 29, has not come to any conclusion as to whether or not a candidate’s political affiliation may appear in the nomination paper.”’

Amendment agreed to.

Paragraph, as amended, agreed to.

(x) Paragraphs 31 to 43, inclusive, agreed to.

Draft Second Interim Report, as amended, agreed to.

Ordered: To report accordingly to the Dáil and the Seanad.

4. Adjournment.

The Joint Committee adjourned at 6.20 p.m. until 5 p.m. on Wednesday next.