Dáil Éireann díospóireacht -
Wednesday, 9 Apr 1924

Vol. 6 No. 38

DEPUTY CONVICTED AND SENTENCED.

AN CEANN COMHAIRLE

I have received the following letter:—

Green Street Courthouse,

7th April, 1924.

Sir,—I have the honour to inform you, as Speaker of Dáil Eireann, that Henry Coyle, T.D. for Mayo North, was duly convicted before me as Judge Presiding at the April Commission of Oyer and Terminer, Green Street, Dublin, on Friday, the 4th April, of the offence of fraudulently inducing Patrick J. O'Malley to endorse a cheque for £450 with intent to defraud the said Patrick J. O'Malley, and that on this day, the 7th of April, 1924, I passed sentence of three years' penal servitude upon the said Henry Coyle for the offence of which he was so convicted.

I have the honour to be,

Your obedient servant,

Arthur W. Samuels.

Mr. JOHNSON

Would it be opportune to indicate what is the position of a constituency in cases where a Deputy is in such a position as that?

AN CEANN COMHAIRLE

The matter appears to be covered by Sec. 51 of the Electoral Act, which covers disqualification for membership of the Dáil. The Act says:—

Each of the following persons shall be disqualified from being elected or sitting as a member of the Dáil, that is to say:—(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 Eireann... Provided always that the disqualification effected by this sub-section, on account of a sentence of imprisonment or penal servitude, shall not, in the case of a person who is a member of the Dáil at the date of such disqualification, take effect until the expiration of thirty days from the date of the sentence, or, in the event of an appeal, from the date of the order confirming such sentence.

The matter, therefore, lies for thirty days, and action may be taken later on.