BILLE TOGHACHAIN ( DHAIL EIREANN), 1937. ELECTORAL (CHAIRMAN OF DAIL EIREANN) , 1937.

Mar do tugadh is teach. As introduced.

ARRANGEMENT OF SECTIONS. Section 1. Definitions. 2. Commencement. 3. Re-election of outgoing Ceann Comhairle. 4. Procedure in relation to the election of an outgoing Ceann Comhairle. 5. Death of outgoing Ceann Comhairle. fi. Exclusion of outgoing Ceann Comhairle from certain statutory provisions. 7. Short title.

[No. 29 of 1937.] SAORSTAT EIREANN

BILLE TOGHACHAIN (CEANN COMHAIRLE DHAIL EIREANN), 1937. ELECTORAL (CHAIRMAN OF DAIL EIREANN) BILL, 1937.

entitled

AN ACT TO MAKE PROVISION, FOR THE PURPOSE OF THE LATELY ENACTED BY THE PEOPLE, ENABLING THE MEMBER OF DAIL EIREANN WHO IS THE CHAIRMAN IMMEDIATELY 10 BEFORE A DISSOLUTION OF DAIL EIREANN TO BE DEEMED WITHOUT ANY ACTUAL ELECTION TO BE ELECTED A MEMBER OF DAIL EIREANN AT THE ENSUING GENERAL ELECTION. BE IT ENACTED BY THE OF SAORSTAT 15 EIREANN AS FOLLOWS

Definitions. 1. —In this Act— the expression “ the Principal Act ” means the Electoral Act, 1923 (No. 12 of 1923); the expression “ outgoing Ceann Comhairle ” means a person 2C who, immediately before the dissolution of Dail Eireann in relation to which the expression is used, was the Chairman of Dail Eireann ; the expression “ the writ ” means the writ required by sub-section (1) of section 54 of the Principal Act to be issued by the Clerk of 25 Dail Eireann to returning officers upon a dissolution of Dail Eireann ; the word “ prescribed ” means prescribed by the Minister for Local Government and Public Health; all other expressions and words to which a particular meaning is 30 given in the Principal Act for the purposes of that Act have in this Act the meaning so given.

Commencement. 2. —This Act shall come into operation immediately after the coming into operation of the Constitution of Ireland lately enacted by the people. 35

Re-election of 3. —(1) Whenever Dail Eireann is dissolved and the outgoing outgoing Ceann Ceann Comhairle has not announced to Dail Eireann before the Comhairle. dissolution thereof that he does not desire to become a member of Dail Eireann at the general election consequent on such dissolu­ tion, the outgoing Ceann Comhairle shall be deemed without any 40 actual election to be elected at such general election as a member of Dail Eireann for— (a) the constituency for which he was a member of Dail Eireann immediately before such dissolution, or (5) if a revision of constituencies takes effect on such dissolu- 45 tion, the constituency declared on such revision to correspond to the constituency mentioned in the fore­ going paragraph (a) of this sub-section.

(2) Whenever an outgoing Ceann Comhairle is deemed by virtue of this section to be elected at a general election as a 50 member of Dail Eireann for a particular constituency, the number of members actually elected at such general election for that con­ stituency shall be one less than would otherwise be required so to be elected therefor. 2 4~(1) Whenever an outgoing Ceann Comhairle is deemed Procedure in by virtue of this Act to be elected at a general election as a relation to the member of Diiil Eireann. the following provisions shall have election of an outgoing Ceann effect, that is to say:— Comhairle. 5 («) the writ issued to the returning officer in the constituency for which the outgoing Ceann Comhairle is so deemed to be elected shall be so worded that it directs such returning officer to cause an election to be held of one less than the full number of members of Dail 10 Eireann for such constituency; (b) at the time of issuing such writ or as soon as may be thereafter, the Clerk of Dail Eireann shall send to such returning officer and shall publish in the Iris Oifigtuil a certificate in the prescribed form certifying *5 that 5!le outg°ing Ceann Comhairle did not announce to Dail Eireann before the dissolution thereof that he did not desire to become a member of Dail Eireann at the general election consequent on such dissolution; (c) such returning officer shall, in the public notice given 20 by him under Rule 43 of the Fifth Schedule to the Principal Act, include the name of the outgoing Ceann Comhairle amongst the names of the candidates elected for such constituency.

5 .—Whenever an outgoing Ceann Comhairle who has not Death of out­ 2o announced to Dail Eireann before the dissolution thereof that he going Ceann does not desire to become a member of Dail Eireann at the general Comhairle. election consequent on such dissolution dies after such dissolution and before the commencement of the polling in the constituency for which he is deemed by virtue of this Act to be elected at such 30 general election, the following provisions shall have effect, that is to say:— ’

(а) if the outgoing Ceann Comhairle dies before the issue of the writ to the returning officer in the said constituency, this Act shall cease to have effect in respect of the said 35 general election; (б) if the outgoing Ceann Comhairle dies after the issue of the said writ and before the commencement of the polling in such constituency, the Clerk of Dail Eireann shall, upon ^einS satisfied of the fact of such death, recall such writ issue in lieu thereof to such returning officer a writ (in this section referred to as the new writ) so warded that it directs such returning officer to cause an election to be held of the full number of members of Dail Eireann for such constituency; 45 (c) in the circumstances mentioned in the next preceding para­ graph of this section, the said returning officer shall, upon being satisfied of the death of the outgoing Ceann Comhairle or upon receiving the new writ (whichever first happens), countermand the notice of the poll; 50 (d) whenever the notice of the poll is countermanded in pursuance of the next preceding paragraph of this section, all the proceedings in respect of the election in the said constituency shall be commenced afresh and in such fresh election the last Jay for receiving 1>5 nominations and the day of the poll shall be fixed in the manner provided- by the Principal Act in respect of a bye-election, and for that purpose the new writ shall be deemed to be the writ for such fresh election; (e) where a fresh election is held in pursuance of the next b preceding paragraph of this section, no fresh nomina­ tion shall be necessary in respect of any candidate who stood nominated at the time of the countermand of the notice of the poll. 3 Exclusion of 6.—Whenever an outgoing Ceann Comhairle is deemed by outgoing Ceann virtue of this Act to be elected at a general election, he shall Comhairle from not be deemed to be a candidate at such general election within certain statu­ tory provisions. the meaning of the Principal Act or of the Prevention of Electoral Abuses Act, 1923 (No. 38 of 1923). 5»

Short title. 7.—This Act may be cited as the Electoral (Chairman of Dail Eireann) Act, 1937.

4

Saorstat Eireann Saorstat Eireann

BILLE TOGHACHAIN (CEANN ELECTORAL (CHAIRMAN OF DAIL COMHAIRLE DHAIL EIREANN), 1937. EIREANN) BILL, 1937.

BILLE BILL

dd ngairmtear entitled

Aeht ehun socruithe do dheanamh, chun criche An Act to make provision, for the purpose of Bunreachta na hEireann d’achtuigh an pobal the Constitution of Ireland lately enacted le deanai, d’fhonn go bhfeadfar a thuisgint by the people, enabling the member of Dail an ball de Dhail Eireann is Ceann Comhairle Eireann who is the Chairman immediately direach roimh scur Dhail Eireann do bheith before a dissolution of Dail Eireann to be toghtha, gan aon togha do dheanamh, ina deemed without any actual election to be bhall de Dhail Eireann sa toghachan ghener- elected a member of Dail Eireann at the alta ina dhiaidh sin. ensuing general election.

An tAire Rialtais Aitiula agus Stdinte Puiblt Introduced by the Minister for Local Govern do thug isteach. ment and Public Health.

Do horduiodh, ag Dail Eireann, do chid- Ordered, by Dail Eireann, to be printed, bhualadh, 21adh Lul, 1937. 21 st July, 1937.

BAILE ATHA CLIATH: DUBLIN: FOILLSITHE AG OIFIG AN iSOLATHAIR. PUBLISHED BY THE STATIONERY OFFICE.

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Wt. 13 —754. 550. 9/37. C.&Co. (2957).