A suggestion was made in the other House that the benefits of section 14 (1) (b) of the Electoral Act, 1963, might be extended to the Leas-Cheann Comhairle.
Electoral (Amendment) Bill, 1980: Committee and Final Stages.
Sections 1 to 4, inclusive, agreed to.
SECTION 5.
Question proposed: "That section 5 stand part of the Bill."
Yes. I am familiar with it but I am informed that it would require amendment of the Constitution. In the other House I helped the Minister on this and, therefore, I am familiar with it. Article 16.6 of the Constitution requires that provision be made for the return of the Ceann Comhairle without an election. However, the return of the Leas-Cheann Comhairle without an election would need an amendment of the Constitution. I regret to say that may have to wait for another day. The Leas-Cheann Comhairle takes on nearly the same role as the Ceann Comhairle now. I agree with the Senator's remarks.
I just echoed what was said in the other House. I am not pressing the matter.
Question put and agreed to.
SECTION 6.
Question proposed: "That section 6 stand part of the Bill."
Will the Minister explain the section? I find the drafting a bit odd where it says:
where a polling district or part of a polling district is situate in a constituency specified in the Schedule to this Act which is identical in area with none of the constituencies ...".
How can something be identical with nothing?
Under the revision, some polling districts or parts of polling districts will be in a constituency different in area from the constituency in which they are situated at present. The names of electors on the register of electors are arranged under polling districts and the name of the constituency is shown in respect of each of the polling districts. I do not think there is any problem in that line.
Question put and agreed to.
SECTION 7.
Question proposed: "That section 7 stand part of the Bill."
Will the Minister explain section 7?
This section contains the usual consequential provisions for the treatment of polling districts split by a constituency boundary. Subsection (1) of this section provides that where a polling district is split between two or more proposed constituencies, suitable polling arrangements will be made for the electors concerned either by joining a part or parts of the divided district with an adjoining district or districts or by constituting each divided part as a separate polling district. The provision is necessary because of the time taken in the ordinary course to go through the formal procedure for making a polling scheme. I can let the Senator have some details of subsection (2) also if he wants an explanation on that. It provides that such an arrangement is temporary and will have effect only until new polling schemes are made. Any changes will be subject to the sanction of the Minister as are polling schemes and will only come into effect on the dissolution of the Dáil following the passing of this Bill. The Minister is empowered to modify any such proposed arrangement when confirming it.
When will the work of dividing these polling districts be done and the new registers published?
When the Bill has been enacted a letter will go out to all county registrars.
In the case of a polling district not wholly situated within one constituency as a result of this Bill, where it is half in one constituency and where some is transferred to an existing constituency or to a totally new constituency, who has the onus to start the work of compiling the new polling list?
It will be the county secretary. He will have to do the temporary arrangements.
What is the Minister sending to the county registrars?
It will be the schemes to bring in the new polling areas.
The county secretaries will do the temporary work in the meantime? They will do the revision pending the new scheme drawn up by the county registrars?
No. The county secretaries will do both.
Question put and agreed to.
SECTION 8.
Question proposed: "That section 8 stand part of the Bill."
Has the Minister any idea when subsection (1) of section 8 will come into operation?
On the dissolution of the Dáil.
Question put and agreed to.
Section 9 agreed to.
Schedule agreed to.
Title agreed to.
Bill reported without amendment, received for final consideration and passed.