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Seanad Éireann debate -
Wednesday, 6 Jul 1938

Vol. 21 No. 5

Announcement of Casual Vacancy in Seanad.

—Tá orm a chur in úil don Tigh go bhfuaireas ar an 28adh Meitheamh an leitir seo leanas ó Risteárd Ua Maolchatha, Teachta Dála:—

I have to acquaint the House that on the 28th June I received the following letter from Deputy Richard Mulcahy:—

The Cathaoirleach,

Seanad Eireann,

Leinster House,


A Chara,

I am in receipt of a communication from the Clerk of the Dáil dated the 23rd June, 1938, indicating to me that I have been elected a member of the Dáil for the Borough Constituency of North East Dublin.

I wish to inform you accordingly.

Yours faithfully,


What is the effect of that? Does Deputy Mulcahy cease automatically to be a member of the House?

Under what provision of the Constitution?

Article 15, Section 14, of the Constitution. His election as a member of the Dáil renders vacant his seat in the Seanad.

Will that involve a by-election to the Seanad?

No. The resultant vacancy is a casual vacancy among the number of elected members of the Seanad, the filling of which the Constitution (Article 18, Section 10, subsection 3) provides must be regulated by law. Machinery for filling casual vacancies among the university elected members is provided in Section 13 of the Seanad Electoral (University Members) Act, 1937, but no statutory provision has yet been made for filling casual vacancies among the panel elected members. In the absence of such provision the filling of the present vacancy must remain in abeyance. It would require legislation.