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Dáil Éireann debate -
Wednesday, 4 Oct 1922

Vol. 1 No. 17

DEBATES ON ADJOURNMENT. - ARTICLE 33. VACANCIES IN SEANAD CAUSED BY DEATH.

In case of the death, resignation or disqualification of a Member of the Senate/Seanad Eireann (other than a University Member his place shall be filled by a vote of the Senate/Seanad. Any Senator so chosen shall retire from office at the conclusion of the three years period then running and the vacancy or vacancies thus created shall be additional to the places to be filled under Article 31. The term of office of the Members chosen at the election after the first fourteen elected shall conclude at the end of the period or periods at which the Senator or Senators by whose death or withdrawal the vacancy or vacancies was or were originally created would be due to retire; Provided that the fifteenth Member shall be deemed to have filled the vacancy first created in order of time and so on.
In case of the death, resignation or disqualification of a University Member of the Senate/Seanad, the University by which he was elected shall elect a person to fill his place, and the Member so elected shall hold office so long as the Member in whose place he was elected would have held office.

Mr. O'HIGGINS:

In moving the adoption of this Clause I wish to say that there will be two amendments accepted—(1) Leave out the words "other than University Member," and (2), to leave out the whole of the last paragraph commencing with the words "In the case of the death, resignation, or disqualification," and ending with the words "would have held office."

Mr. GERALD FITZGIBBON:

There is a verbal alteration required, I think, in the fourth line of the Clause as it stands on the paper. The Minister will see that the Clause deals with a Senator and to speak later of the vacancy or vacancies would not be correct; one Senator could not create two vacancies.

Mr. O'HIGGINS:

Yes, I think that is so.

Amendments put and agreed to, and Motion made and question put: "That Article 33, as amended, stand part of the Constitution Bill."

Agreed.

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