General Elections (Emergency Provisions) Act, 1943

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Number 11 of 1943.

GENERAL ELECTIONS (EMERGENCY PROVISIONS) ACT, 1943.

ARRANGEMENT OF SECTIONS

Number 11 of 1943.

GENERAL ELECTIONS (EMERGENCY PROVISIONS) ACT, 1943.

AN ACT TO MAKE, FOR THE PURPOSE OF SECURING THE PUBLIC SAFETY AND THE PRESERVATION OF THE STATE IN TIME OF WAR, PROVISION POSTPONING DURING THE PRESENT NATIONAL EMERGENCY THE DISSOLUTION OF ANY DÁIL EIREANN UNTIL AFTER THE MEMBERS OF THE DÁIL EIREANN WHICH WILL SUCCEED IT HAVE BEEN ELECTED, AND TO PROVIDE FOR MATTERS CONNECTED WITH OR CONSEQUENTIAL ON THE MATTERS AFORESAID. [27th April, 1943.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Definitions.

1.—In this Act—

the expression “the present national emergency” means the national emergency affecting the vital interests of the State which was declared by resolutions passed by each House of the Oireachtas on the 2nd day of September, 1939, to exist;

the expression “the Electoral Acts” means primarily the Electoral Acts, 1923 to 1941, and every order and regulation made thereunder and for the time being in force, but the said expression also includes every (if any) other statute or portion of a statute relating to the election of members of Dáil Eireann and every (if any) order or regulation made under any such statute or portion of a statute and for the time being in force;

the expression “general election” means a general election for members of Dáil Eireann;

the expression “general election under this Act” means a general election which takes place in pursuance of a direction by the President under this Act;

the expressions “outgoing Dáil Eireann” and “incoming Dáil Eireann” respectively mean, in relation to a general election under this Act, the Dáil Eireann subsisting immediately before the giving by the President of the direction for such general election and the Dáil Eireann of which the members are elected at such general election;

all other expressions have the same meanings as they respectively have in the Electoral Acts.

Direction for a general election in lieu of a dissolution.

2.—(1) During the continuance of the present national emergency, the Taoiseach may, whenever he so thinks proper, advise the President to direct that a general election shall take place and, upon receipt of such advice, the President shall (save as is otherwise authorised by the next following sub-section of this section) direct by proclamation that a general election shall take place.

(2) The President may in his absolute discretion refuse to direct that a general election shall take place on the advice under this section of a Taoiseach who has ceased to retain the support of a majority in Dáil Eireann.

(3) Whenever the President directs under this section that a general election shall take place, such general election shall take place under and in accordance with the Electoral Acts as modified by or under this Act and in particular with the modification that every mention in those Acts of the dissolution of Dáil Eireann in relation to the time at or within which anything shall be done or take place shall be construed and have effect as a mention of the said direction of the President that such general election shall take place.

Dissolution and summoning of Dáil Eireann.

3.—(1) For the purposes of this section a general election under this Act shall be deemed to have been completed when the Clerk of Dáil Eireann has received from the returning officer for every constituency the writ issued to such returning officer by the said Clerk in respect of such general election with the certificate of such returning officer certifying the names of the members elected for such constituency endorsed thereon, and references in this section to the completion of a general election under this Act shall be construed accordingly.

(2) The following provisions shall apply and have effect in relation to every general election under this Act, that is to say:—

(a) immediately upon the completion of such general election the Clerk of Dáil Eireann shall certify in writing to the Taoiseach that such general election has been completed;

(b) as soon as may be after, and in any case not later than the second week day after, whichever of the following events first occurs, that is to say:—

(i) the receipt by the Taoiseach of such certificate of the Clerk of Dáil Eireann as is mentioned in the next preceding paragraph of this sub-section, or

(ii) the expiration of fourteen days after the polling day (within the meaning of section 4 of Article 16 of the Constitution) at such general election,

the Taoiseach shall advise the President to dissolve the outgoing Dáil Eireann;

(c) upon receipt of such advice, the President shall, by proclamation, forthwith dissolve the outgoing Dáil Eireann and shall, by the same or another proclamation, summon the incoming Dáil Eireann to meet on the day (not being earlier than the next day nor later than the fourteenth day after the said dissolution of the outgoing Dáil Eireann) and at the time and place which shall be recommended in that behalf to him by the Taoiseach;

(d) the outgoing Dáil Eireann shall be dissolved immediately upon the issue of the said proclamation of the President dissolving it;

(e) the incoming Dáil Eireann shall meet on the day and at the time and place specified in that behalf in the said proclamation of the President summoning it.

Cesser and commencement of membership of Dáil Eireann.

4.—Whenever a general election takes place in pursuance of a direction by the President under this Act, the following provisions shall apply and have effect, that is to say:—

(a) the members of the outgoing Dáil Eireann shall (subject to deaths, resignations, and disqualifications) continue to hold office as such members until the said Dáil Eireann is dissolved;

(b) the persons elected at such general election to be members of the incoming Dáil Eireann shall become members of Dáil Eireann on and not before the next day after the day on which the outgoing Dáil Eireann is dissolved.

Continuance of the same Dáil Eireann.

5.—Nothing in this Act shall prejudice or affect any provision for the time being in force whereby the maximum period during which the same Dáil Eireann may continue is limited, save only that if, while a Dáil Eireann in respect of which such maximum period has not expired is subsisting, the President directs under this Act that a general election shall take place, that Dáil Eireann shall continue until it is dissolved under this Act notwithstanding that such dissolution takes place after the expiration of such maximum period.

The Chairman of Dáil Eireann.

6.—The following modifications of the Electoral (Chairman of Dáil Eireann) Act, 1937 (No. 25 of 1937), shall have effect for the purposes of this Act, that is to say:—

(a) every reference in that Act to a dissolution of Dáil Eireann shall be construed and have effect as a reference to a direction by the President under this Act that a general election shall take place, and

(b) every reference in that Act to the general election consequent on a dissolution of Dáil Eireann shall be construed and have effect as a reference to the general election in pursuance of such direction by the President.

Power to modify the Electoral Acts and the forms thereunder.

7.—The Minister for Local Government and Public Health may by order make, for the purposes of general elections under this Act or any particular such election,—

(a) such modifications of the Electoral Acts as appear to him to be necessary in order to enable such elections or election to take place in accordance with this Act, or to facilitate or expedite the conduct and completion of such elections or election, and

(b) such modifications of all or any of the forms prescribed by the Electoral Acts as appear to him to be necessary in order that such forms may be appropriate to such elections or election.

Consequential provisions in respect of Seanad Eireann.

8.—(1) No general election for Seanad Eireann shall take place in consequence of a dissolution under this Act of an outgoing Dáil Eireann.

(2) A general election for Seanad Eireann shall take place not later than ninety days after every direction by the President under this Act that a general election for Dáil Eireann shall take place.

(3) Every reference in either of the Seanad Electoral Acts to a dissolution of Dáil Eireann and in particular every such reference to the dissolution of Dáil Eireann which occasions a general election for Seanad Eireann shall be construed and have effect as a reference to the direction by the President under this Act that a general election for members of Dáil Eireann shall take place.

(4) The Minister for Local Government and Public Health may by order make such modifications of the Seanad Electoral Acts and the orders and regulations made thereunder and for the time being in force as appear to him to be necessary in consequence of the enactment of this Act.

(5) In this section the expression “Seanad Electoral Acts” means the Seanad Electoral (University Members) Act, 1937 (No. 30 of 1937), and the Seanad Electoral (Panel Members) Act, 1937 (No. 43 of 1937).

Short title.

9.—This Act may be cited as the General Elections (Emergency Provisions) Act, 1943.