I move amendment No. 1:
In page 3, line 4, to delete all words after "regarded," to the end of the section, and substitute:
"(a) a member of Dáil Éireann, or
(b) holds the office of Chairman or Deputy Chairman of Seanad Éireann, shall on such election, or, in case he is to be so regarded, on the day on which he commences to be so regarded, cease to hold that office.
(3) If while he is a representative in the Assembly a person—
(a) becomes subject to any of the disqualifications applicable to membership of Dáil Éireann, or
(b) becomes a member of Dáil Éireann, or
(c) becomes the holder of any office mentioned in subsections (1) or (2) of this section,
he shall thereupon cease to be a representative in the Assembly.'.".
This section deals with the dual mandate and our amendment proposes to amend it. In his reply, the Minister said that The Workers' Party, or whatever party oppose the dual mandate, were trying to draw some advantage from that. I have already dealt with our attitude to the dual mandate on the basis that, one MEP who is active in the European Parliament is opposed to the dual mandate and has said it is impossible to carry out the duties of the European Parliament and those of Dáil Éireann.
The debate today relating to the dual mandate also brought out the point made by Deputy Tunney that he felt the abolition of the dual mandate on election could lead to a number of by-elections. That would be true only if the candidates were also Members of the Dáil. If our amendment is passed, parties who have already selected Deputies would have second thoughts. I have no doubt that if there was a system of substitution for the Dáil rather than by-elections there might be a higher turn-over of Deputies. The fact that an individual has to face re-election in a by-election if a Deputy retires or dies is a break from the musical chair approach adopted in the last European Parliament by one party.
In his reaction to criticism of the dual mandate, the Minister implied that to outlaw it would be in conflict with the 1976 European legislation. I have referred to the fact that two members of the EEC, Belgium and Greece, already have outlawed the dual mandate and I have not heard of any effort in the EEC to bring either Belgium or Greece before the European Parliament, the Commission or the European courts because they are in breach of the EEC law or EEC rules and regulations. Any reasonable reading of the quotation that the Minister read that the dual mandate is not incompatible will reveal that it is simply a statement saying that one or the other, either a single or dual mandate process, is compatible with EEC laws. To draw from that an argument that we would be in breach in some way of EEC regulations if we abolish the dual mandate is stretching things a bit far.
I ask the House to accept the amendment which The Workers' Party are putting down. If, as may be the case, the amendment in the Minister's view is not technically as tight as it ought to be, perhaps he will bring in an amendment which would achieve the aim of our amendment. I argue strongly that no Member of this House should adopt the attitude of Deputy Tunney who argues theoretically on the one hand that he disagrees with the dual mandate and on the other hand that he must face political realities. It gives rise to the kind of cynicism that I have already spoken about when public representatives in this House bear theoretical positions and then proceed to act contrary to their expressed opinions and views. I ask the Minister to give sincere consideration to accepting the amendment and to ensure not only that Deputies who would be elected to the European Parliament would automatically resign from the Dáil but if in future MEPs stand for the Dáil and are elected to the Dáil that they in turn resign from the European Parliament. It is the only logical and sane approach to the question of the dual mandate.