Dáil Éireann debate -
Wednesday, 4 Feb 1942

Vol. 85 No. 12

Referendum Bill, 1941—Report and Final Stages.

Minister for Local Government and Public Health (Mr. MacEntee)

I think amendments Nos. 1 and 2 might be considered together:—

1. In page 7, line 52, sub-section (2), before the word "separate" to insert the words "then and in such case (save as is otherwise provided by the next following sub-section of this section)".

2. In page 8, before sub-section (3) to insert a new sub-section as follows:—

(3) Where the same day is the polling day at two or more referenda and the Minister is of opinion that it is for any reason impracticable or inexpedient to comply with the next preceding sub-section of this section in regard to those referenda, the following provisions shall apply and have effect, that is to say:—

(a) the Minister may direct that separate ballot papers shall be issued for one or more or all of such referenda;

(b) where the Minister gives such direction as is authorised by the foregoing paragraph of this sub-section, separate ballot papers shall, notwithstanding anything contained in the said next preceding sub-section, be issued in accordance with that direction;

(c) where the Minister gives such direction as aforesaid and such direction does not apply to all of such referenda, then and in such case, if there is only one of such referenda to which such direction does not apply, separate ballot papers shall be issued for that one of such referenda, and, if there are two or more of such referenda to which such direction does not apply, the said next preceding sub-section shall apply and have effect in relation to those two or more of such referenda.

The purpose of these amendments is to meet a point raised by Deputy O'Sullivan. He suggested that, while the Bill provided that if two or more referenda were to be taken on the same day only one ballot paper was to be used, it might, in certain circumstances, be convenient to leave to the discretion of the Minister for Local Government and Public Health the question whether one or more ballot papers might be used. These amendments are giving effect to Deputy O'Sullivan's suggestion. I move amendment No. 1.

Amendment agreed to.

Mr. MacEntee

I move amendment No. 2.

Amendment agreed to.

Mr. MacEntee

I move amendment No. 3:—

In page 16, line 28, to add at the end of sub-section (2) the words "but the High Court may, if it so thinks proper, assign counsel to present the case against the petition".

In the discussion on Section 35 Deputy O'Sullivan pointed out that where a petition against a referendum was presented by the Attorney-General no provision had been made for a respondent or some person to defend the result of the referendum. The amendment now proposed gives the High Court the right, if it thinks proper, to assign a counsel to present a case against the Attorney-General's petition.

Amendment agreed to.

Mr. MacEntee

I move amendment No. 4:—

In page 27, before rule 26, First Schedule, to insert a new rule as follows:—

26.—(1) At any time during the counting of the votes, the local returning officer may and, if so required by any person lawfully present, shall recount the votes recorded on all the ballot papers or on any particular parcel of ballot papers.

(2) If, on any first recount under this rule, the result of such recount is the same as the result of the original count, the local returning officer shall not be obliged to make any further recount, but if, on such first recount, the result of such recount is different from the result of the original count, the local returning officer shall repeat the recount until the results of two consecutive such recounts are identical.

This amendment is designed to meet a point raised by Deputy Cosgrave, who suggested that rule 26 should be framed in such a way as to give to any person who might desire it the right to ask for a recount. I pointed out that there would have to be some limit to that right. This amendment gives to the person the right to ask for and have a recount, or permits the returning officer, if he himself desires of his own volition, to have a recount; but it limits the number of recounts which may be given as of right by this condition, that if the results of two successive recounts agree or two recounts agree, then the right to ask for a recount will be exhausted and the last agreeing recount will be taken as the definitive recount.

Amendment agreed to.

Question—"That the Bill, as amended, be received for final consideration"—agreed to.

Mr. MacEntee

If it would be convenient to the House, perhaps the Fifth Stage could now be taken?

General Mulcahy

We have no objection.

Question—"That the Bill do now pass"—agreed to.