I beg to move the following motion:—
Go bhfuil sé oiriúnach Có-Choiste de dhá Thigh an Oireachtais códhéanta de thriúr ball den Dáil agus de thriúr ball den tSeanad agus comhacht acu chun fios do chur ar dhaoine, ar pháipéirí agus ar bhreacacháin, do chur ar bun chun a fhiosrú agus a thuairisciú, an míchumas a cuirtar ar aicmí áirithe daoine le hAltanna 51 agus 57 den Acht Timpeal Toghachán, 1923 (Uimh. 12 de 1923), agus ná leigeann go dtoghfi iad chun aon Tighe den Oireachtas ná go suidhfidís mar bhaill den Tigh sin, ar cheart an mí-chumas san do chur ar aon aicme no aicmí eile daoine atá i seilbh bhuan no dhiombuan ar bhearta 'na dtagann a sochar díreach as airgead a sholáthruíonn an tOireachtas no atá i seilbh bhuan no dhiombuan ar phostanna fé Chóluchtaí Aitiúla agus, más ceart cadé an aicme no cadiad na haicmí eile ar ar cheart an míchumas san do chur.
That it is expedient that a Joint Committee of both Houses of the Oireachtas consisting of three members of the Dáil and three members of the Seanad, with power to send for persons, papers and records, be set up to enquire and report whether the incapacity to be elected to, or to sit as a member of either House of the Oireachtas imposed as regards certain classes of persons by Sections 51 and 57 of the Electoral Act, 1923 (No. 12 of 1923), should be extended to include any other class or classes of persons, who hold either temporarily or permanently situations of which the emoluments are derived directly from moneys provided by the Oireachtas or who hold either temporarily or permanently positions under Local Bodies, and, if so, to what class or classes should the incapacity extend.
The purpose of the motion is to get an inquiry by a Joint Committee of both Houses of the Oireachtas into the question as to whether there should not be some extension, other than that which is laid down in Sections 51 and 57 of the Electoral Act, in relation to membership of the Oireachtas, that is whether or not the list should be extended. In one case which has come before a Minister exception has been taken by an organisation in the country which is entitled to express an opinion on the subject as to membership of the Oireachtas by a member of one particular organisation or, rather, a person having a certain calling. It is possible that complications might arise in connection with membership of the Oireachtas by persons who are employed by local authorities. In that connection the Executive Council two years ago approached the Committee on Privileges on the matter, and they did not feel called upon to express any opinion, and it is now thought that the most desirable way of dealing with the matter is by way of Joint Committee.
In the case of membership of local authorities, it may not be known—I do not know that it is definitely laid down —that questions may arise in the case of persons holding pensionable offices as to whether or not membership of the Oireachtas would seriously interfere with their pensions, that is, counting the time that membership of the Oireachtas would run with the holding of a particular office. If a complication of that sort were to arise and that the persons concerned were unaware of it, I think that the situation with which they would be confronted would mean a considerable loss of money. I think it is desirable that such information should be available to them, if the Minister in question thought it desirable to make provision in law for such a case, and if the Committee reported that it was desirable that employment under a local authority would disqualify them from membership of the Oireachtas.
In any case, where an outside organisation, which I have mentioned, has taken up this matter, it may be that in certain cases special steps should be taken to deal with an occasion of the kind, if membership of the Oireachtas were to interfere with the ordinary duties of a person by reason of his membership of the Oireachtas. Under the circumstances, I think it would be advisable to have a Joint Committee to inquire into and report on this matter and see what the combined wisdom of the Joint Committee would be.