There is a matter to which I would like to direct the attention of the Seanad, and it is in connection with our recent triennial election. When the counting of the votes had been nearing its conclusion it was obvious to me, from certain observations that were attributed to the Returning Officer, that he was under the impression that his duty compelled him to hold up the declaration of the result until the 6th December next, his belief being that under the statute and regulations it would be his duty, in the event of any vacancy unfortunately occurring by death in the nineteen Senators elected, to return in place of the Senator so dying the candidate who was next in order on the voting. I was not quite satisfied at the time that he was accurate in this, and after a very careful consideration of the statutes I came to the conclusion that he was wrong and that, once the counting of the votes had reached, in fact, its conclusion, he should there and then certify the result and publish the same in the Gazette, and that any vacancy that occurred after that date, and before the 6th December, should be filled by the Seanad under the Constitution as a casual vacancy and should not be left to be filled by the Returning Officer from the list of candidates.
The matter, of course, was material, because had I allowed the thing to pass and a vacancy had occurred in the interval before the 6th December there would have been an inevitable controversy raised as to who was right with regard to the selection to fill the vacancy, and therefore I thought it my duty to bring my views to the attention of the Returning Officer. I may say that what I am saying now in no way detracts, and I should be the last who would wish to detract, from the credit that is due to that officer for the ability and courtesy he displayed throughout in the discharge of his novel and difficult duties. All of us are liable to make mistakes; some of us perhaps do not acknowledge them, but in his case he at once got advice upon the position and he came to the conclusion that I was right. Accordingly about a week ago he certified the result, so that the election was then in fact complete and the question of a possible controversy was, of course, at an end. I mention it now for the purpose of satisfying the Seanad that as far as I was able to do it I safeguarded their rights and their position, and I mention it also so as to prevent the possibility of any similar mistake occurring in any future triennial election, when perhaps we might not have the same Returning Officer.
The fact that this election was held in anticipation of the vacancies, that is to say, that it was held before the 6th December, before the outgoing Senators in fact retired and in anticipation of their retirement, has raised some complications with regard to certain of our Standing Orders, and it is for that reason that you will see on the Agenda to-day a notice of motion with a view to putting the matter right. In the first place I will call your attention to our second Standing Order, which is the one that deals with the election of your Chairman and Deputy-Chairman. It reads in this way:—"The Chairman and Deputy-Chairman shall be appointed at the first meeting of the Seanad to be held after each triennial election of the Members of the Seanad." That was, of course, drafted and passed at a time when we anticipated that these elections would always take place after the vacancies had occurred and not before, and consequently the "first meeting" would have been the meeting at which the newly-elected Senators would be entitled to attend and vote for that purpose. But in the events that have happened we would be compelled, if that was not altered, to proceed to the election now, before the newly-elected Senators had taken their seats and could exercise a voice in the matter. It is accordingly essential that that should be changed, and a motion for the purpose is on the Order Paper.
It also affected another important Standing Order, that is Standing Order 94, which provides that all Committees of the Seanad shall be deemed to be discharged at the date of a triennial election for the Seanad. The result of that is this, that since last week, when the Returning Officer certified the result of the election and thereby concluded it, all our Committees have been automatically dissolved and have no power to meet unless reappointed. In order to provide for that contingency in the future, on the assumption that future elections will be held in anticipation of the vacancies as on this occasion, you will find a motion on the Paper to deal with it and to provide that the Committees shall remain in office until the 6th December. But to keep the thing perfectly right it will be necessary in addition to re-appoint these Committees, because they are defunct and will require to be revived by your motion.
