I move that the Bill be now read a Second Time. Article 18 of the Constitution provides that Seanad Eireann shall consist of 60 members, of whom 11 shall be nominated by the Taoiseach, and 49 shall be elected members. Of the elected members it is provided that:
(1.) Three shall be elected by the National University of Ireland,
(2.) Three by the University of Dublin, and
(3.) 43 shall be elected from panels of candidates.
This Bill provides the franchise and the machinery for the holding of elections of University members. The election of panel members is being dealt with in a separate Bill. The Constitution further requires that these elections shall be according to the principles of proportional representation and by secret postal ballot.
Part II of this Bill deals with the question of franchise and registration of electors. The franchise proposed in Section 7 of the Bill is that which has applied to universities in the Electoral Act, 1923. In the former Constitution university members were returned to Dáil Eireann, and the university franchise was a Dáil franchise. In accordance with the Constitution, the Electorcal Act provided that a person could be registered once only and in only one constituency. Thus a person who was a university elector had to choose whether he would be registered as a university elector or in respect of his residence qualification in a local area. The university franchise is now no longer a Dáil franchise, and a qualified person can be registered in the university registers and at the same time be registered as a Dáil elector. The Bill requires an annual register of electors to be prepared by each university.
Article 63, Clause 3, of the Constitution requires that the first assembly of Seanad Eireann shall take place not later than 180 days after the coming into operation of this Constitution. The necessity for holding an election within a limited time has to be taken into account with regard to registration of electors. There would not be a sufficient interval of time before the Seanad is to assemble to prepare a fresh register of electors and hold an election on that register. A register of university electors came into force, in accordance with the Electoral Act, on the 1st June, 1937, at the same time as the local constituency registers. Any person who was registered in the university register was, in accordance with special provisions, registered in the local register with a distinguishing mark to denote that he was a university elector. At the last general election those marks were disregarded, since at that time the university registers had ceased to have effect as Dáil registers. For the purposes of the first election of university members of Seanad Eireann it is proposed to revive the university registers which came into force on the 1st June, 1937, and to keep those registers in force until 1st June, 1938.
Part III of the Bill deals with the holding of elections of university members including by-elections. These elections will be conducted in the same manner and according to the like procedure as elections have hitherto been conducted. Part IV of the Bill contains special provisions with regard to candidates elected in different capacities. A person elected as a member by the two universities must declare, within one month after the first meeting of the Seanad, which constituency he will represent. If he does not so declare, he will be deemed to represent the constituency in which he received the greatest number of first preferences. If a person is elected as a panel member and as a university member, he must similarly declare the capacity in which he will sit in the Seanad. If he does not so declare, he will be deemed to be a university member. A member of Seanad Eireann, while retaining his seat, may not be a candidate at a university by-election. The expression "Seanad by-election" in Section 30 is defined in Section 1 to mean an election to fill the place of a university member.