|
|
|
Filling of casual vacancies in Higher Education constituency
|
| |
40. The Act of 1937 is amended by the insertion of the following Part after Part V:
|
|
| |
“PART VI
|
|
| |
FILLING OF CASUAL VACANCIES IN HIGHER EDUCATION CONSTITUENCY
|
|
| |
Filling of vacancy from replacement candidates list
|
|
| |
39. (1) Where a casual vacancy occurs in respect of a member of Seanad Éireann who, at the election at which he or she was elected, delivered a replacement candidates list of which public notice was given pursuant to section 18C, the Clerk of Seanad Éireann shall, as soon as may be after the casual vacancy occurs, by letter request the person whose name stands first or, as may be appropriate, alone on that list to make and deliver to the said Clerk, within 20 days from the day on which the request is made, a statutory declaration, in such form as the Minister may prescribe, that he or she—
|
|
| |
(a) is the person whose name stands (whether alone or otherwise) on the list, and
|
|
| |
(b) is eligible and willing to assume membership of Seanad Éireann.
|
|
| |
(2) If the person of whom a request was made under subsection (1) fails or refuses to comply with the request, the Clerk of Seanad Éireann shall, as soon as may be after the refusal or failure concerned, by letter request the person (if any) whose name stands next on the relevant list to make and deliver to the said Clerk a statutory declaration in accordance with subsection (1) and if such person fails or refuses to comply with the request, the Clerk of Seanad Éireann shall, as soon as may be after the refusal or failure concerned, make such a request by letter, in turn, of each of the other persons (if any) whose names appear on the relevant list, in the order in which they so appear, until—
|
|
| |
(a) one such person complies with the request, or
|
|
| |
(b) the list is exhausted,
|
|
| |
whichever is the sooner.
|
|
| |
(3) Where, pursuant to a request under subsection (1), the Clerk of Seanad Éireann receives a statutory declaration in compliance with that subsection, the Clerk shall, as soon as may be, cause a statement of the declarant’s name and address together with a copy of the statutory declaration to be—
|
|
| |
(a) laid before each House of the Oireachtas,
|
|
| |
(b) published in Iris Oifigiúil, and
|
|
| |
(c) delivered to each person on the relevant replacement candidates list.
|
|
| |
(4) Where a statement of the declarant’s name and address and a copy of the statutory declaration are laid, published and delivered in accordance with subsection (3) the person named therein shall, subject to section 41, upon the expiration of the period of 7 days beginning on the day on which the statement and copy of the statutory declaration are so published in Iris Oifigiúil, be regarded as having been elected under this Act to Seanad Éireann.
|
|
| |
Oireachtas to select person in certain cases
|
|
| |
40. (1) Where a casual vacancy occurs and—
|
|
| |
(a) the vacancy is in respect of a member of Seanad Éireann to whose candidacy section 39 does not apply, or
|
|
| |
(b) on an application of section 39—
|
|
| |
(i) each person of whom a request was made under that section fails or refuses to comply with the request, or
|
|
| |
(ii) the replacement candidates list referred to in that section is exhausted,
|
|
| |
the Clerk of Seanad Éireann shall cause a statement to that effect to be laid before each House of the Oireachtas.
|
|
| |
(2) Where the Clerk of Seanad Éireann causes a statement referred to in subsection (1) to be laid before each House of the Oireachtas the Houses of the Oireachtas may select a person whose name is on any replacement candidates list in respect of the Higher Education constituency at the last preceding election in the Higher Education constituency—
|
|
| |
(a) of which public notice was given pursuant to section 18C, and
|
|
| |
(b) which was delivered by a candidate under section 18A who was subsequently successfully elected in the Higher Education constituency,
|
|
| |
and, in case the Houses of the Oireachtas makes a selection under this rule, it shall by resolution specify the person so selected.
|
|
| |
(3) Where—
|
|
| |
(a) pursuant to subsection (2), a resolution is passed by both Houses of the Oireachtas, and
|
|
| |
(b) the Clerk of Seanad Éireann receives, within 20 days from the day on which the resolution is passed, a statutory declaration made by the person, in such form as the Minister may prescribe, that he or she—
|
|
| |
(i) is the person specified in the resolution, and
|
|
| |
(ii) is eligible and willing to assume membership of Seanad Éireann,
|
|
| |
the person specified in the resolution shall, subject to section 41, thereupon be regarded as having been so elected to Seanad Éireann.
|
|
| |
Restrictions on who may be regarded as having been elected under sections 39 and 40
|
|
| |
41. A person shall not be regarded as having been elected to Seanad Éireann pursuant to section 39 or 40 if the person is, for the time being—
|
|
| |
(a) a member of Seanad Éireann,
|
|
| |
(b) not eligible in accordance with section 16(2) to be a candidate in a Seanad election in the Higher Education constituency, or
|
|
| |
(c) not willing to assume such office.
|
|
| |
Bye-election to take place where no replacement candidate available
|
|
| |
42. (1) Where a casual vacancy occurs and—
|
|
| |
(a) the vacancy is in respect of a member of Seanad Éireann to whose candidacy section 39 does not apply, or
|
|
| |
(b) on an application of section 39—
|
|
| |
(i) each person of whom a request was made under that section fails or refuses to comply with the request, or
|
|
| |
(ii) the replacement candidates list referred to in that section is exhausted,
|
|
| |
and after the Clerk of Seanad Éireann causes a statement referred to in section 40(1) to be laid before each House of the Oireachtas, the Houses of the Oireachtas are unable to select a person referred to in section 40(2), the Minister shall, as soon as conveniently may be and, in any case, not more than six months after the date on which the statement is laid, by order (in this Act referred to as a ‘Seanad bye election order’) direct a bye-election to be held in the Higher Education constituency to fill such vacancy and shall by such order appoint for the purposes of such bye-election the last day for receiving nominations, the day for the issue of ballot papers, and the day and hour for the close of the poll.
|
|
| |
(2) Whenever the Minister makes a Seanad bye-election order, the bye election directed by such order shall be held in accordance with such order and this Act.”.
|
