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Seanad Éireann debate -
Thursday, 6 Nov 1947

Vol. 34 No. 10

Notice of Vacancies in Seanad Membership.

I move:

That the Clerk of the Seanad do send to the Minister for Local Government notice of a vacancy in the membership of Seanad Eireann occasioned by the resignation of Mr. James Joseph Parkinson, a member elected to the Nominating Bodies Sub-Panel of the Cultural and Educational Panel at the Election for Seanad Eireann, August, 1944.

I move this motion for the filling of the vacancy created by the resignation of Senator Parkinson. I do so with regret because Senator Parkinson found himself unable to continue as a member. He was a member for a very long period indeed, almost from the beginning. He was very highly skilled in certain aspects of our business and was very highly respected in the Seanad.

With regard to the filling of the vacancy, I had put down the motion before the announcement had been made that a general election would take place—I think the phrase was early in the new year. I think, however, that the motion might be proceeded with because the Minister for Local Government, under the Seanad Electoral Act, has a period of six months in which to take action. The Minister has more opportunities than I have for knowing the precise date of the general election, so that I think we can pass the motion and leave it to the Minister on the basis that he has knowledge—not so much on the basis that we trust him.

Motion put and agreed to.

I move:

That the Clerk of the Seanad do send to the Minister for Local Government notice of a vacancy in the membership of Seanad Eireann occasioned by the death of Mr. Thomas Kennedy, a member elected to the Nominating Bodies Sub-Panel of the Labour Panel at the Election for Seanad Eireann, August, 1944.

I move the motion for very much the same reasons as those given on the previous one.

On that motion, I would like to ask some questions. In the other House it is the practice that the motion for the filling of a vacancy is moved by the Party or group to which the former member belonged. That practice has been followed in this House up to the present, so far as I know. Senator Thomas Kennedy was a nominee of the Irish Trade Union Congress, and if the congress interests are to be considered, the competent person to move the motion is Senator Kyle. I would like to have a ruling from the Chair as to whether it is open to any member of this House at any time, even a person who is not an elected member, to move a motion for the filling of a vacancy.

Any Senator has a right to move such a motion.

If that is so, would it be open to me to move a motion for the filling of a vacancy in the case of a member belonging to any Party in this House? Is that the position?

Yes, the Senator would have such a right.

If that is your ruling, I am perfectly satisfied so long as that is on record.

It is also the position in the Dáil.

There is a distinction between what is open to you to do and what you ought to do.

Question put.

I object to it as being an infringement of the right of a nominating body—that a person who is not a member of that body and who is not an elected member of this House should take away the rights of a nominating body.

A nominated member has the same right as any other member.

I know, but I protest vehemently and I appeal to the members of this House not to accede to that proposal.

Question again put.

I object.

Question put and declared carried.

Vótáil.

Will those Senators in favour of a division please rise?

Senators Kyle, Duffy, Smith and Hayden rose.

There are only four Senators in favour of a division. Five Senators are required. I declare the Question carried.

These four Senators will be recorded as standing for a rule of order in this House, I take it.

The Senators will be recorded as dissenting.

Motion carried.

I move:—

That the Clerk of the Seanad do send to the Minister for Local Government notice of a vacancy in the membership of Seanad Eireann occasioned by the death of Mr. Denis D. Healy, a member elected to the Nominating Bodies Sub-Panel of the Administrative Panel at the Election for Seanad Eireann, August, 1944.

Question put and agreed to.
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