ELECTORAL (CHAIRMAN OF DAIL EIREANN) ACT, 1937

AN ACT TO MAKE PROVISION, FOR THE PURPOSE OF THE CONSTITUTION OF IRELAND LATELY ENACTED BY THE PEOPLE, ENABLING THE MEMBER OF DÁIL EIREANN WHO IS THE CHAIRMAN IMMEDIATELY BEFORE A DISSOLUTION OF DÁIL EIREANN TO BE DEEMED WITHOUT ANY ACTUAL ELECTION TO BE ELECTED A MEMBER OF DÁIL EIREANN AT THE ENSUING GENERAL ELECTION. [1st November, 1937.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1 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 who, immediately before the dissolution of Dáil Eireann in relation to which the expression is used, was the Chairman of Dáil 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 Dáil Eireann to returning officers upon a dissolution of Dáil 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 given in the Principal Act for the purposes of that Act have in this Act the meaning so given.

2 Commencement.

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

3 Re-election of outgoing Ceann Comhairle.

3.—(1) Whenever Dáil Eireann is dissolved and the outgoing Ceann Comhairle has not announced to Dáil Eireann before the dissolution thereof that he does not desire to become a member of Dáil Eireann at the general election consequent on such dissolution, the outgoing Ceann Comhairle shall be deemed without any actual election to be elected at such general election as a member of Dáil Eireann for—

• (a) the constituency for which he was a member of Dáil Eireann immediately before such dissolution, or

• (b) if a revision of constituencies takes effect on such dissolution, the constituency declared on such revision to correspond to the constituency mentioned in the foregoing 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 member of Dáil Eireann for a particular constituency, the number of members actually elected at such general election for that constituency shall be one less than would otherwise be required so to be elected therefor.

4 Procedure in relation to the election of an outgoing Ceann Comhairle.

4.—(1) Whenever an outgoing Ceann Comhairle is deemed by virtue of this Act to be elected at a general election as a member of Dáil Eireann, the following provisions shall have effect, that is to say:—

• (a) 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 Dáil Eireann for such constituency;

• (b) at the time of issuing such writ or as soon as may be thereafter, the Clerk of Dáil Eireann shall send to such returning officer and shall publish in the Iris Oifigiúil a certificate in the prescribed form certifying that the outgoing Ceann Comhairle did not announce to Dáil Eireann before the dissolution thereof that he did not desire to become a member of Dáil Eireann at the general election consequent on such dissolution;

• (c) such returning officer shall, in the public notice given 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 Death of outgoing Ceann Comhairle.

5.—Whenever an outgoing Ceann Comhairle who has not announced to Dáil Eireann before the dissolution thereof that he does not desire to become a member of Dáil Eireann at the general 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 general election, the following provisions shall have effect, that is to say:—

• (a) 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 general election;

• (b) 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 Dáil Eireann shall, upon being satisfied of the fact of such death, recall such writ and issue in lieu thereof to such returning officer a writ (in this section referred to as the new writ) so worded that it directs such returning officer to cause an election to be held of the full number of members of Dáil Eireann for such constituency;

• (c) in the circumstances mentioned in the next preceding paragraph 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;

• (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 day for receiving 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 preceding paragraph of this section, no fresh nomination shall be necessary in respect of any candidate who stood nominated at the time of the countermand of the notice of the poll.

6 Exclusion of outgoing Ceann Comhairle from certain statutory provisions.

6.—Whenever an outgoing Ceann Comhairle is deemed by virtue of this Act to be elected at a general election, he shall not be deemed to be a candidate at such general election within the meaning of the Principal Act or of the Prevention of Electoral Abuses Act, 1923 (No. 38 of 1923).

7 Short title.

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