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Dáil Éireann díospóireacht -
Wednesday, 15 Nov 1922

Vol. 1 No. 28

DISQUALIFICATIONS.

Tairisgint ón Aire um Rialtas Aitiúil.
(Motion by the Minister for Local Government).

Gurb é oipineoin na Dála so gurb iad na mí-cháilíochta is ceart a choisc- feadh duine ar bheith 'na bhall d'aon Tigh den Oireachtas ná na cinn atá leagtha amach san Liost atá scríbhte fé seo.

That this Dáil is of opinion that the disqualifications from membership of either House of the Oireachtas should be those set out in the Schedule here under written.

LIOST.

SCHEDULE.

1. Coiscfear gach duine des na daoine seo leanas ar bheith toghtha no ar shuidhe mar bhall d'aon Tigh den Oireachtas toisc mí-cháilíochta sé sin le rá:—

1. Each of the following persons shall be diasqualified from being elected or sitting as a member of either House of the Oireachtas that is to say—

(a) duine a bhíonn ag fulag téarma príosúntachta le saothar cruaidh ar feadh aon tamail thar sé mhí no pian- sheirbhíse ar feadh aon téarma de bharr breithe Cúirte údarásaighe i Saorstát Éireann.

(a) a person who is undergoing a sentence of imprisonment with hard labour for any period exceeding six months, or of penal servitude for any term imposed by a Court of competent jurisdiction in Saorstát Éireann.

(b) amadán no aon duine lagintinneach,

(b) an imbecile and any person of unsound mind,

(c) duine briste 'na chuid gnótha a bheidh fé bhreith Chúirte údarásaighe i Saorstát Éireann.

(c) an undischarged bankrupt under an adjudication by a Court of com petent jurisdiction in Saorstát Éireann.

(d) ball d'arm cosanta Shaorstáit Éireann a bheidh ar lán-thuarastal,

(d) a member of the defence force of Saorstát Éireann on full pay,

(e) ball d'aon fhórsa póiliní i Saor- stát Éireann a bheidh ar lán-thuarastal,

(e) a member of any police force in Saorstát Éireann on full pay,

(f) duine a bheidh i seirbhís Rialtais Shaorstáit Éireann go sealadach no go seasamhach mara dtabharfaidh téarmaí a sheirbhíse cead speisialta dho chun bheith 'na bhall d'aon Tigh den Oire- achtas,

(f) a person either temporarily or permanently in the civil service of Saorstát Éireann unless he be by the terms of his employment expressly permitted to be a member of either House of the Oireachtas,

(g) Duine ná beidh ar a chumas do réir na dlí a bheidh i bhfeidhm de thruip na huaire i Saorstát Éireann i dtaobh cleachtanna cuirpe agus coire- anna eile ag toghcháin bheith 'na bhall den Oireachtas toisc Cúirt údarásach i Saorstát Éireann á fháil ciontach i gcleachta no i gcoir éigin dá short.

(g) a person who is by the law for the time being in force in Saorstát Éireann in relation to corrupt practices and other offences at elections incapable of being a member of the Oireachtas by reason of his having been found guilty by a Court of competent jurisdiction in Saorstát Éireann of some such practice or offence.

This resolution covers some of the points which otherwise would arise later in connection with the Electoral Bill. The Bill itself will be a very lengthy measure, because it will codify a good deal of existing law without any great alteration. It probably, with schedules in the present stages, would run to two or three hundred typewritten pages. A good deal will not be controversial. This resolution deals with some of the points about which there might be a difficulty. We can get the mind of the Dáil on that now in discussion of these resolutions and incorporate them in the Bill in such a way that radical amendments of the Bill itself would be less likely than would otherwise be the case, and the confusion also that arises from the adoption of a large number of radical amendments to a measure which is already drafted. We found those difficulties when there was a radical amendment in the Constitution. As quite a number of matters that are not altogether closely related are dealt with in each of these Resolutions, and as it might be difficult for the Dáil to vote on the Resolution as a whole without having considered its separate parts, I would be satisfied if the Dáil were willing that we should debate the principle of the resolution and then that we should take the Clauses one by one in Committee, afterwards passing the Resolution. If that were desired and if that met the will of the Dáil I would be prepared to move practically formally that this resolution be read the first time and that the Dáil thereupon go into Committee to consider the Clauses one by one and we could deal with each of them on their merits.

The motion on the paper is withdrawn and a new motion is that the Bill be read the first time, and that the Dáil then go into Committee.

That is subject to the wish of the Dáil. I think it would probably meet the view of the Deputies to discuss it clause by clause.

I second the motion. That meets our views, and we are quite willing to fall in with the suggestion of the Minister.

Would we not ultimately be going into Committee, supposing this is passed? It is then incorporated in the Bill. Is there any peculiar advantage in going into Committee twice on the same proceedings?

My idea in suggesting that we should go into Committee was that as there were a number of provisions in the Resolution, we ought to consider them separately. There are some Deputies in favour of some of them and against others. The idea is that the substance of it be incorporated in the Bill.

The Dáil will go into Committee on the motion, and the Minister will there move the matter Clause by Clause.

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