European Assembly Elections Act, 1984

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Casual vacancies.

6.—The Principal Act is hereby amended by the substitution of the following section for section 15:

“15.—(1) Where a casual vacancy occurs amongst the persons who by virtue of the European Assembly Elections Acts, 1977 and 1984, are representatives in the Assembly, the vacancy shall be filled in accordance with the following subsections of this section.

(2) (a) In case the relevant representative elected under this Act at the last preceding Assembly election was at that election a candidate of a registered political party which as regards that election presented a replacement candidates' list (not being a list which is withdrawn or ruled by the returning officer as being invalid)—

(i) the person (if any) whose name, having regard to subsection (3) of this section, stands first or, as may be appropriate, alone on that list shall by virtue of this section (in accordance with subsection (5) hereof) be regarded as having been elected under this Act to the Assembly to fill the vacancy,

(ii) as soon as may be after the casual vacancy occurs, the Clerk of Dáil Éireann shall by letter request the officer or officers of the registered political party whose name or names is or are entered in the Register of Political Parties either pursuant to section 13 (3) (c) of the Electoral Act, 1963 , or pursuant to that section as applied by section 8 (4) of this Act to ascertain the person (if any) whose name, having regard to the said subsection (3), stands first, or, as may be appropriate, alone on the said list and to notify him in writing of that person.

(b) In case the relevant representative elected under this Act at such election was at such election a non-party candidate who presented a replacement candidates' list (not being a list which is withdrawn or ruled by the returning officer as being invalid),

(i) the person (if any) whose name, having regard to subsection (3) of this section, stands first, or, as may be appropriate, alone on that list shall by virtue of this section (in accordance with subsection (5) hereof) be regarded as having been elected under this Act to fill the vacancy,

(ii) as soon as may be after the casual vacancy occurs, the Clerk of Dáil Éireann shall by letter request the returning officer for the constituency concerned to ascertain, after consulting such person whose name is or, as may be appropriate, so many as such returning officer considers necessary of the persons whose names are, on the relevant replacement candidates' list, the person (if any) whose name having regard to the said subsection (3), stands first or, as may be appropriate, alone on the said list and to notify him in writing of that person.

(c) In case—

(i) the relevant representative so elected to the Assembly at such election was not a candidate described in either paragraph (a) or (b) of this subsection, or

(ii) having regard to the provisions of this section, in relation to the vacancy no name stands first or alone on the relevant replacement candidates' list, or

(iii) a requirement made by the Clerk of Dáil Éireann stands not complied with on the expiration of the period of thirty days beginning on the date of the requirement,

Dáil Éireann may select a person whose name is on any replacement candidates' list (being a list of which public notice was given pursuant to Rule 21 (as 45 amended by section 7 of the European Assembly Elections Act, 1984) of the First Schedule to this Act), or, as may be appropriate, the sole such list, presented at the last-preceding Assembly election, and in case Dáil Éireann makes a selection under this paragraph it shall by resolution specify the person so selected.

(3) In ascertaining for the purposes of this section if there is a name first or alone on a replacement candidates' list, or making a selection under this section, the following provisions shall apply—

(a) the name of any person who—

(i) is for the time being—

(I) a representative in the Assembly, or

(II) not eligible for election under this Act to the Assembly, or

(III) a person who, by virtue of any provision laid down under any or all of the treaties, is not entitled to assume the office of representative in the Assembly, or

(ii) is not willing to accept office as such a representative,

shall be disregarded;

(b) in making such an ascertainment, in case the relevant representative elected under this Act to the Assembly at the last preceding Assembly election was at that election a candidate of a registered political party, the name of any person who is not for the time being a member of such party shall be disregarded.

(4) Where pursuant to a requirement made under this section the Clerk of Dáil Éireann receives a notification, he shall, as soon as may be—

(a) cause a copy of the notification to be laid before each House of the Oireachtas,

and

(b) cause to be published in the Iris Oifigiúil a notice of the notification.

(5) (a) Where a copy of a notification is laid pursuant to this section, after the expiration of the period of seven days beginning on the day on which the notice of the notification is published pursuant to subsection (4) of this section the person named in the notification concerned shall thereupon be regarded as having been elected under this Act to the Assembly.

(b) Where pursuant to subsection (2) (c) of this section a resolution is passed by Dáil Éireann, the person specified in the resolution shall thereupon be regarded as having been elected under this Act.

(6) As soon as may be after a person is, by virtue of this section, regarded as having been elected under this Act to the Assembly, the Clerk of Dáil Éireann shall notify the Assembly of the name and address of the person together with the date on which his election took effect.

(7) A person to whom paragraph (a) or (b) of subsection (5) of this section applies shall, unless he sooner dies, resigns, becomes disqualified for election under this Act to the Assembly, is removed from office or otherwise ceases to be a representative in the Assembly, hold office as such a representative for the residue of the term for which the representative whom he replaces would have held office had he not ceased to hold office.

(8) If and so long as the office of Clerk of Dáil Éireann is vacant or the holder of that office is unable through illness, absence or other cause to fulfil his duties, the functions assigned by this section to him shall be performed by the Clerk-Assistant of Dáil Éireann.

(9) In this section “a casual vacancy” means,

(a) a vacancy occasioned by a person who though elected or regarded as having been elected to the Assembly pursuant to the European Assembly Elections Acts, 1977 and 1984, is, by virtue of any provision laid down under any or all of the treaties, not entitled to assume the office of representative in the Assembly, or

(b) a vacancy occasioned by a person having ceased to be a representative in the Assembly otherwise than by the effluxion of time or in consequence of the making of an order under section 17 of this Act by the High Court.”.