European Parliament Elections Act, 1993

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Amendment of section 15 of Principal Act.

7.—The Principal Act is hereby amended by the substitution for section 15 (inserted by section 6 of the Act of 1984) of the following section:

“15. (1) Where a casual vacancy occurs amongst the persons who by virtue of the European Parliament Elections Acts, 1977 to 1993, are representatives in the European Parliament, the vacancy shall be filled in accordance with the following subsections of this section.

(2) In case the relevant representative elected under this Act at the last preceding European Parliament election was at that election a candidate of a registered political party which, or a non-party candidate who, as regards that election, presented a replacement candidates' list, being a list of which public notice was given pursuant to Rule 21 (as amended by section 7 (c) of the European Assembly Elections Act, 1984 ) of the First Schedule to this Act, the Clerk of Dáil Éireann shall, as soon as may be after the casual vacancy occurs, by letter request the person (if any) whose name stands first or, as may be appropriate, alone on that list to make and deliver to him, within 20 days from the day on which the request is made, a statutory declaration, in such form as the Minister may direct, that—

(a) he is the person whose name stands (whether alone or otherwise) on the list,

(b) he is eligible and willing to assume the office of representative in the European Parliament, and

(c) in case the relevant representative so elected was at such election a candidate of a registered political party, he is a member of the registered political party concerned.

(3) If the person of whom a request was made under subsection (2) of this section fails or refuses to comply with the request, the Clerk of Dáil 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 him a statutory declaration in accordance with the said subsection (2), and if such person fails or refuses to comply with the request, the Clerk of Dáil 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.

(4) Where, pursuant to a request under subsection (2) of this section, the Clerk of Dáil Éireann receives a statutory declaration in compliance with the said subsection, he 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,

(c) delivered to—

(i) each person on the relevant replacement candidates' list, and

(ii) in case the list was presented by a registered political party, that party.

(5) In case—

(a) the relevant representative elected under this Act at the last preceding European Parliament election was not a candidate described in subsection (2) of this section,

(b) the persons of whom a request was made under the said subsection fail or refuse to comply with the request, or

(c) the relevant replacement candidates' list is exhausted,

the Clerk of Dáil Éireann shall cause a statement to the effect set out in paragraph (a), (b) or (c) of this subsection, as may be appropriate, to be laid before each House of the Oireachtas, and Dáil Éireann may select a person whose name is on any replacement candidates' list in respect of the constituency concerned, being a list of which public notice was given pursuant to the said Rule 21 (as so amended) or, as may be appropriate, the sole such list presented at the last preceding European Parliament election in respect of the constituency and, in case Dáil Éireann makes a selection under this subsection, it shall by resolution specify the person so selected.

(6) (a) 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 (4) of this section, the person named therein shall, 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 the European Parliament.

(b) Where, pursuant to subsection (5) of this section, a resolution is passed by Dáil Éireann, the person specified in the resolution shall thereupon be regarded as having been so elected under this Act.

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

(8) A person to whom paragraph (a) or (b) of subsection (6) of this section applies shall, unless he sooner dies, resigns, becomes disqualified for election under this Act to the European Parliament, is removed from office or otherwise ceases to be a representative in the European Parliament, 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.

(9) 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 conferred on him by this section shall be performed by the Clerk-Assistant of Dáil Éireann.

(10) A person shall not be regarded as having been elected to the European Parliament pursuant to this section if he is, for the time being—

(a) a representative in the European Parliament,

(b) not eligible for election under this Act to the European Parliament,

(c) a person who, by virtue of any provision laid down under the treaties, is not entitled to assume the office of representative in the European Parliament,

(d) not willing to assume such office, or

(e) in case—

(i) the vacancy concerned is not one to which subsection (5) of this section applies, and

(ii) the relevant representative elected under this Act to the European Parliament at the last preceding European Parliament election was at that election a candidate of a registered political party,

a person who is not a member of that party.

(11) 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 European Parliament pursuant to the European Parliament Elections Acts, 1977 to 1993, is, by virtue of any provision laid down under the treaties, not entitled to assume the office of representative in the European Parliament, or

(b) a vacancy occasioned by a person having ceased to be a representative in the European Parliament 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.”.