Seanad Electoral (Panel Members) Act 1947

PART I. Preliminary and General.

1 Short title.

1.—This Act may be cited as the Seanad Electoral (Panel Members) Act, 1947.

2 Definitions.

2.—In this Act-

the expression “the administrative panel” has the meaning assigned to it in section 3;

the expression “the agricultural panel” has the meaning assigned to it in section 3;

the expression “annual revision” has the meaning assigned to it in section 16;

the expression “the appeal board” has the meaning assigned to it in section 12;

the expression “casual vacancy” means a vacancy in the membership of Seanad Eireann occasioned by the death, resignation or disqualification of a member of Seanad Eireann who was elected at the next preceding Seanad general election or was elected at a Seanad bye-election since the next preceding Seanad general election;

the expression “certificate of provisional election” has the meaning assigned to it in section 63;

the expression “close of the poll” has (as may be appropriate) the meaning assigned to it in section 24 or the meaning assigned to it in section 56;

the expression “the completion of the panels” has the meaning assigned to it in section 36;

the expression “the cultural and educational panel” has the meaning assigned to it in section 3;

the expression “Dáil election” means a general election of members of Dáil Eireann held in consequence of a dissolution of Dáil Eireann;

the expression “the expiration of the time for general panel proposed nominations” has the meaning assigned to it in section 24;

the expression “the expiration of the time for Oireachtas panel nominations” has the meaning assigned to it in section 24;

the expression “the industrial and commercial panel” has the meaning assigned to it in section 3;

the expression “the labour panel” has the meaning assigned to it in section 3;

the expression “the list of candidates” has the meaning assigned to it in section 68;

the expression “member of the Oireachtas” means a member of Dáil Eireann or a member of Seanad Eireann;

the expression “the Minister” means the Minister for Local Government;

the expression “nominating bodies” has the meaning assigned to it in section 8;

the expression “nominating bodies list” has the meaning assigned to it in section 28;

the expression “nominating bodies sub-panel” has the meaning assigned to it in section 43;

the expression “nominating bodies sub-panel casual vacancy” means a casual vacancy occasioned by the death, resignation or disqualification of a member of Seanad Eireann who was elected at the next preceding Seanad general election from a nominating bodies sub-panel or who was elected at a Seanad bye-election to fill (whether directly or indirectly) the place of a member who was so elected at such Seanad general election;

the expression “nomination committee” has the meaning assigned to it in section 21;

the expression “nomination committee (bye-election) meeting” has the meaning assigned to it in section 59;

the expression “nomination committee (general election) meeting” has the meaning assigned to it in section 32;

the expression “notice of a casual vacancy” has the meaning assigned to it in section 55;

the expression “Oireachtas sub-panel” has the meaning assigned to it in section 43;

the expression “Oireachtas sub-panel casual vacancy” means a casual vacancy occasioned by the death, resignation or disqualification of a member of Seanad Eireann who was elected at the next preceding Seanad general election from an Oireachtas sub-panel or who was elected at a Seanad bye-election to fill (whether directly or indirectly) the place of a member who was so elected at such Seanad general election;

the word “panel” has the meaning assigned to it in section 3;

the word “prescribed” means prescribed by regulations made by the Minister under this Act;

the expression “provisional nominating bodies sub-panel” has the meaning assigned to it in section 35;

the expression “the register of nominating bodies” has the meaning assigned to it in section 8;

the expression “the ruling upon nomination” has (as may be appropriate) the meaning assigned to it in section 64 or the meaning assigned to it in section 68;

the expression “Seanad bye-election” means an election to fill a casual vacancy;

the expression “Seanad bye-election order” has the meaning assigned to it in section 56;

the expression “Seanad general election” means so much of a general election of members of Seanad Eireann held in pursuance of Article 18 of the Constitution as relates to the election of those members who are required by that Article to be elected from panels;

the expression “Seanad general election order” has the meaning assigned to it in section 24;

the expression “Seanad returning officer” has the meaning assigned to it in section 4;

the word “sub-panel” has the meaning assigned to it in section 43.

3 The panels.

3.—(1) In this Act—

the word “panel” when used without qualification means a panel of candidates formed in pursuance of subsection 1 of section 7 of Article 18 of the Constitution;

the expression “the cultural and educational panel” means the panel required by the said subsection 1 to contain the names of persons having knowledge and practical experience of the following interests and services, namely, the national language and culture, literature, art, education and such professional interests as may be defined by law for the purpose of this panel;

the expression “the agricultural panel” means the panel required by the said subsection 1 to contain the names of persons having knowledge and practical experience of the following interests and services, namely, agriculture and allied interests, and fisheries;

the expression “the labour panel” means the panel required by the said subsection 1 to contain the names of persons having knowledge and practical experience of the following interests and services, namely, labour, whether organised or unorganised;

the expression “the industrial and commercial panel” means the panel required by the said subsection 1 to contain the names of persons having knowledge and practical experience of the following interests and services, namely, industry and commerce, including banking, finance, accountancy, engineering, and architecture;

the expression “the administrative panel” means the panel required by the said subsection 1 to contain the names of persons having knowledge and practical experience of the following interests and services, namely, public administration and social services, including voluntary social activities.

(2) The professional interests for the purposes of the cultural and educational panel are hereby defined as—

(a) law, and

(b) medicine, including surgery, dentistry, veterinary medicine, and pharmaceutical chemistry.

4 The Seanad returning officer.

4.—(1) The person who for the time being holds the office of Clerk of Seanad Éireann shall be the Seanad returning officer for the purposes of this Act.

(2) It shall be the duty of the Seanad returning officer to conduct every Seanad general election and every Seanad bye-election, to count the votes cast thereat, to ascertain and declare the result thereof in accordance with this Act, and to do such other things in respect of every such election as he is required by this Act to do.

(3) The Minister for Finance shall pay to the Seanad returning officer the amount of his reasonable charges, not exceeding such amount as may be sanctioned by that Minister, in respect of the performance by the Seanad returning officer of his duties under this Act out of the Central Fund or the growing produce thereof.

(4) If and so long as the office of Clerk of Seanad Éireann is vacant or the holder of that office is unable through illness, absence or other cause to fulfil his duties, the Clerk-Assistant of Seanad Éireann shall act as Seanad returning officer and references in this Act to the Seanad returning officer shall have effect accordingly.

5 Regulations.

5.—The Minister may make regulations prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.

6 Expenses.

6.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

7 Repeals.

7.—The Seanad Electoral (Panel Members) Act, 1937 (No. 43 of 1937), and the Seanad Electoral (Panel Members) (Bye-Elections) Act, 1940 (No. 20 of 1940), are hereby repealed.

PART II. The Register of Nominating Bodies.

8 Establishment and maintenance of register of nominating bodies.

8.—(1) A register (in this Act referred to as the register of nominating bodies) of bodies (in this Act referred to as nominating bodies) entitled to nominate persons to the panels of candidates for the purpose of every Seanad general election shall be established and maintained in accordance with this Act.

(2) The following provisions shall have effect in relation to the register of nominating bodies:

(a) the register shall be in such form as the Seanad returning officer thinks proper;

(b) a body shall not be eligible to be registered in the register in respect of any particular panel unless either—

(I) (i) its objects primarily relate to or are connected with the interests and services mentioned in subsection 1 of section 7 of Article 18 of the Constitution in respect of that particular panel, and

(ii) its activities are concerned mainly with such interests and services, or

(II) its members are representative of persons who have knowledge and practical experience of such interests and services;

(c) a body which is formed or carried on wholly or substantially for profit or which carries on, as its sole or principal function, any trade or business for profit shall not be eligible for registration in the register;

(d) the Seanad returning officer may refuse to register any body (not being an excepted body) in the register unless—

(I) its organisation and direction are governed by articles of association, rules or other regulations which—

(i) provide for an annual general meeting to which all members are invited by a notice forwarding an agenda including the following items, that is to say, minutes of preceding meeting, presentation of annual report, consideration of statement of accounts as certified by the auditor, election of executive committee, election of auditors,

(ii) make adequate provision for the carrying on of the business of the body by an executive committee, and

(iii) provide for the audit and certification of accounts by a public auditor or other qualified person, and

(II) its average annual revenue from subscriptions during the five years immediately preceding the application for registration has been, in the case of a charitable body, not less than one thousand pounds or, in any other case, not less than two hundred and fifty pounds,

but subject to the proviso that the requirements set out in this paragraph as to election of auditors, provision for audit and annual revenue shall not apply in the case of such bodies engaged in the promotion of scientific or general knowledge as in the opinion of the Seanad returning officer are of national importance;

(e) a body which is composed wholly or mainly of persons who are in the employment of the State or of persons who are in the employment of local authorities and the objects of which include the advancement or protection of the interests of such persons in relation to their said employment shall not be eligible for registration in the register;

(f) every body which is registered in the register shall be so registered in respect of one, and only one, panel;

(g) except as otherwise provided by this subsection, a body shall not be registered in the register save in pursuance of an application in that behalf made by such body in accordance with this Act;

(h) the Irish County Councils General Council and the Association of Municipal Authorities of Ireland shall be registered in the register in respect of the administrative panel without application, and no other body shall be registered in the register in respect of that panel unless its objects and activities consist, wholly or substantially, of voluntary social services of a charitable or eleemosynary character.

(3) In paragraph (d) of subsection (2) of this section the expression “excepted body” means a body which is—

(a) a body established under an Act of the Oireachtas for any of the following purposes:

(i) the regulation or control of professional qualifications or conduct.

(ii) the provision or improvement of cultural or educational facilities; or

(b) a cultural, educational or professional organisation in receipt of a grant voted specifically for it by the Oireachtas.

(4) Each of the following bodies, and no other body, shall be a local authority for the purposes of this section:

(a) the council of a county, the corporation of a county or other borough, the council of an urban district, the commissioners of a town or a public assistance authority,

(b) a committee or joint committee of or appointed by any one or more of the bodies mentioned in paragraph (a) of this subsection.

9 Applications for registration in register of nominating bodies.

9.—(1) Any body which desires to be registered in the register of nominating bodies in respect of any particular panel and claims to be eligible for registration in that register in respect of that panel may apply for that purpose to the Seanad returning officer in accordance with this section.

(2) The following provisions shall have effect in relation to applications for registration in the register of nominating bodies at the preparation of that register:

(a) an application shall be made in writing on an application paper in the prescribed form provided by the Seanad returning officer;

(b) the Seanad returning officer shall furnish free of charge on request to any body which proposes to apply for registration an application paper for that purpose;

(c) an application shall be delivered or sent by post to the Seanad returning officer at his office on or before the date specified in that behalf in the notice published under section 10 of this Act and any application which is received at that office after that date shall not be entertained or considered by the Seanad returning officer;

(d) an application shall state the panel in respect of which the applicant desires to be registered and the grounds on which the applicant claims to be eligible to be registered;

(e) an application shall also state all such things in relation to the applicant as are indicated in that behalf in the prescribed form of application paper.

10 Publication of notice of the preparation of register of nominating bodies.

10.—As soon as practicable after the passing of this Act, the Seanad returning officer shall publish, in every morning daily newspaper published in the State and in such other (if any) daily newspapers as, with the sanction of the Minister, he thinks proper, a notice in the prescribed form giving public notice that the register of nominating bodies is being prepared, and giving such information (including the latest date for receipt of applications for registration) and instructions in relation to applications for registration as the Minister thinks proper.

11 Preparation of register of nominating bodies.

11.—(1) As soon as practicable after the day prescribed for this section, and in any event not later than fourteen days thereafter, the Seanad returning officer shall prepare the register of nominating bodies and for that purpose—

(a) shall examine all applications for registration duly received by him,

(b) shall disallow every application which appears to him to be irregular in form and every application as respects which the applicant fails to satisfy him that the applicant is eligible for registration in respect of the panel to which the application relates,

(c) may disallow any applications which he is authorised by the subsequent provisions of this section to disallow, and

(d) shall allow all such applications as he does not disallow in pursuance of the foregoing provisions of this subsection.

(2) The Seanad returning officer may require from any applicant for registration in the register of nominating bodies all such information relevant to the registration of the applicant as he reasonably requires for the determination by him of the allowance or disallowance of the application, and the Seanad returning officer may disallow the application of any applicant which fails or refuses to give any information required of it under this section.

(3) It shall be lawful for the Seanad returning officer to disallow an application for registration in the register of nominating bodies made by any body which is a branch of or affiliated or subsidiary to a body which is already registered in the register or whose application for such registration he has allowed.

(4) Subsections (2) and (3) of this section shall have effect in relation to every annual revision of the register of nominating bodies as well as in relation to the first preparation of that register.

(5) Not later than fourteen days after the day prescribed for this section, the Seanad returning officer shall send by post to every body which applied for registration in the register of nominating bodies (whether its application has been allowed or disallowed) a copy of the register as prepared by the Seanad returning officer under this section.

(6) Where the Seanad returning officer has disallowed an application for registration in the register of nominating bodies, he shall, on the request of the body which made the application, furnish to the body a statement of his reasons for the disallowance.

(7) Where the Seanad returning officer has disallowed under this section an application for registration in the register of nominating bodies because the applicant has failed to satisfy him that the applicant is eligible for registration in respect of the panel to which the application relates, a statement to that effect by the Seanad returning officer shall, for the purposes of subsection (6) of this section, be a sufficient statement of the reasons for the disallowance.

(8) The allowance or disallowance by the Seanad returning officer of any application for registration in the register of nominating bodies shall be final and conclusive, subject only to such appeal as is provided for by this Act.

12 Appeal Board.

12.—(1) There shall be a board (in this Act referred to as the appeal board) to hear appeals from decisions of the Seanad returning officer under this Part of this Act.

(2) The appeal board shall consist of five members, namely:—

(a) a chairman, who shall be a judge of the Supreme Court or the High Court nominated by the Chief Justice,