This Bill contains legislative provisions for filling a casual vacancy in Seanad Eireann which has been caused by the death, resignation or disqualification of a member who had been elected to the Seanad under the Seanad Electoral (Panel Members) Act, 1937, or at a bye-election under this Act.
Article 18 of the Constitution requires that casual vacancies shall be filled in the manner provided by law. The Constitution fixes a maximum of eleven and a minimum of five members to be elected from any one panel at a general election. The Act of 1937 fixed the number to be elected from each panel—five from the cultural and educational panel, eleven from the agricultural panel, eleven from the labour panel, nine from the industrial and commercial panel, and seven from the administrative panel. It appears proper to maintain the constitution of the Seanad as between the different panels, by providing in this Bill that a candidate at a bye-election shall have the qualifications required at a general election in respect of the panel from which was elected the member whose death, disqualification or resignation was the cause of the vacancy.
In the Act of 1937 each panel is divided into two sections—the nominating bodies sub-panel, and the Dáil sub-panel, and candidates on the former sub-panel are nominated by the bodies registered for the time being on the register of nominating bodies which is revised every year; candidates on the latter sub-panel are nominated by members of Dáil Eireann. The same qualifications are required for each sub-panel of a panel. This sub-division of panels is continued in this Bill, so that a vacancy will be filled, as a nominating bodies vacancy, if the member was originally nominated by a nominating body, and as a Dáil vacancy if the member was nominated by members of Dáil Eireann.
The method of filling casual vacancies provided in this Bill approximates to the method at a general election as closely as is possible in the particular circumstances. At a general election each nominating body must make the prescribed number of nominations; for example, there are eight nominating bodies registered for the agricultural panel and at a general election each of these bodies must nominate two candidates—or 16 in all—of whom five will be elected. It is not proposed to require each nominating body to nominate two candidates for election to fill one casual vacancy. It is proposed to retain in a modified form this function of nominating bodies to nominate suitable and qualified persons from whom panel members are to be chosen. It is considered that this function of nominating could best be exercised by providing for a common meeting of the nominating bodies registered in respect of a panel. This meeting will be attended by three persons nominated by each nominating body, and a register will be established and maintained of the persons so appointed.
Whenever a vacancy occurs by reason of the death, disqualification or resignation of a member elected from a nominating bodies sub-panel, notice will be given, on direction of the Seanad, to the Minister for Local Government and Public Health, who will issue, within 180 days, an order fixing dates. Each member of the particular standing committee will receive due notice of the time and place appointed for the holding of a meeting of the standing committee. If the meeting agree on three candidates, subject to the ruling on nominations, one of those candidates will be selected by the Taoiseach. If at the meeting more than three names are nominated a poll will be taken at an adjourned meeting. Where more than three candidates are nominated, each member may vote for one, two or three candidates. Each candidate must have the qualification of knowledge and practical experience of the interests and services to which the panel relates. At the conclusion of the counting the returning officer will set out the names of the candidates arranged according to the number of votes they each received at the poll.
The nominations will be examined at a sitting for the ruling on nominations which will be attended by the President of the High Court as Judicial Assessor. If, after this ruling on qualifications, three candidates stand nominated, a list of their names, in alphabetical order, and qualifications, will be sent to the Taoiseach, who will select therefrom one person to fill the vacancy. If less than three persons stand nominated, the proceedings must commence afresh.
Where the vacancy is to be filled as a Dáil sub-panel vacancy, a candidate must be nominated by a member of the Dáil and eight other members must assent to the nomination. Each nomination will be examined at a sitting to be held for that purpose. If there is only one nomination standing after the ruling, the returning officer will declare the person nominated to be elected. If there is more than one, the members of Dáil Eireann will vote by post. For the purpose of the voting, the rules in the principal Act will apply as at a general election.
For the filling of casual vacancies, it is not proposed to constitute, or revive, the special electorate constituted for the purpose of voting at a general election. There will be a separate election to fill each casual vacancy that arises. To fill more than one casual vacancy at a bye-election would involve the formulation of complicated rules——