I beg to move: —
That the Bill be now read a Second Time.
This Bill is consequential on the Constitution (Removal of Oath) Act, 1933. That Act made certain amendments in the Constitution, and the purpose of this Bill is to make in the electoral law certain necessary amendments and repeals without which the electoral law would be inconsistent with the Constitution as now amended. With regard to the deposit of £100 made by a candidate as part of his nomination at a Dáil election, if he is elected he has proved definitely that he was a bona fide candidate. In such a case the deposit will be returned as soon as practicable after the result of the election is declared. As there is no longer an oath prescribed by the Constitution, taking the oath is not a condition precedent to a candidate taking a seat in the House, and the reservation to that effect is now removed from the Electoral Act. It is not necessary to make any further provision in the electoral law as regards taking a seat in the House, since each House of the Oireachtas has power under Article 20 of the Constitution to make its own Standing Orders. For the orderly transaction of business each member must comply with Standing Orders, and taking a seat in the House is part of the ordinary business. The proposed alteration in the terms of Sections 51 and 57 of the Electoral Act of 1923 is merely declaratory of the powers of the House, and the Committee on Procedure and Privileges will no doubt consider whether the existing Standing Orders will require any alteration. I move the Second Reading of this Bill.
