Article 16 reads:—"No person may be at the same time a member both of the Chamber/Dail Eireann and of the Senate/ Seanad Eireann." I formally move that.
CONSTITUTION OF SAORSTAT EIREANN BILL (COMMITTEE). - ARTICLE 16.
Mr. KEVIN O'HIGGINS
Mr. G. GAVAN DUFFY
I desire to propose a slight amendment; it is not a matter of great importance. The wording of the draft, "No person may be at the same time a member both of the Chamber and of the Senate," is open to this construction, which, I think, was not intended by the Ministry or by the draughtsman:—A man who is a Senator cannot stand for election to the Dáil, and a man who is a member of the Dáil cannot stand for election to the Senate. The amendment is designed to enable the member for one House to stand for election in the other without resigning his seat. The words which I suggest should be added are:—"And any member of one House who shall become a member of the other shall within 7 days resign his membership of one or other of the Houses, and if he fail to do so he shall be deemed to have resigned his membership of Seanad/the Senate."
Mr. K. O'HIGGINS
I do not consider Article 16 as it stands places any embargo on a member of the Dáil standing for election to the Seanad, and it is our view that the purpose covered and aimed at by Article 16 could be as well effected by Standing Orders; but if we agree that Article 16 excluded a member of the Dáil from having his name on the panel for election to the Seanad, we would accept the alteration.
Mr. G. GAVAN DUFFY
May I suggest it should be considered between this and the next Reading, because you will have the Law Courts interpreting these things and they may not interpret them in the way we want them interpreted. I withdraw the amendment for the moment.
Article 16 put and carried.