The Irish Houses of Parliament

DOI10.1177/002085236803400102
AuthorJohn McG. Smyth
Date01 March 1968
Published date01 March 1968
Subject MatterArticles
/tmp/tmp-18O3X2TzRk8Fog/input
The Irish
Houses of Parliament
by John McG. SMYTH,
Clerk of the Senate
UDC 342.53 (417)
Introduction
(b) three are elected by the National University
of Ireland;
Ireland is a unitary State with two Houses
of Parliament, viz.
(c) three are elected by the University of
a House of Representatives
called Dail Eireann and
Dublin; and
a Senate called Seanad
Eireann,.
As is usual in unitary States, the
(d) forty-three are elected from five panels of
popularly elected House is the more powerful
candidates containing respectively the na-
House. Our Parliamentary procedure is mod-
mes of persons having knowledge and prac-
elled on the British system, and many of its
tical experience of culture and education
detailed forms are explicable only by reference
(5); agriculture (11); labour (11); industry
to British tradition and practice.
Constitu-
and commerce (9); and administration (7).
tional differences are not reflected to any great
The
extent in procedure which is determined
panels are each divided into two sub-
more
by the relationship between the legislature and
panels, one of which (Oireachtas sub-panel)
contains the
the executive, which broadly
name of each candidate nominated
speaking is the
by not less than four members of the Houses
same in both countries.
Our approach, in com-
of the Oireachtas and the second of which
mon with that of many other countries, has
been to adapt to
(Nominating Bodies sub-panel) contains the
our own needs a system
which has worked successfully for
names of those candidates nominated by voca-
a consider-
tional bodies
able number of
registered in respect of that panel.
years, retaining what proved
to be useful and rejecting the unnecessary, such
as the ritual which is traditionally British, and
Eligibility for Election
the superfluous. The forms are not sacrosanct
Every citizen without distinction of sex who
and adequate powers are available for adapt-
has reached the age of twenty-one years and
ation in the light of changing circumstances.
who is not placed under disability or incapacity
by the Constitution or by law is eligible for
Composition of Houses
membership of the Dail and Seanad. Each
of the
Dail Eireann.
following persons may not be a member
-
The Dáil is composed of
of either House: President of
144 members, each representing between
Ireland; Comp-
troller and Auditor
20,000 and 30,000 of the population. The
General; Any Judge. No
number of members to be returned for
person may be at the same time a member of
any
both Houses.
constituency must not be less than three. At
present there are 38 constituencies with mem-
There are also certain legal disqualifications
bership ranging from three to five. A person
which are under review at present.
Civil
may nominate himself as candidate or be pro-
servants, members of the Defence Forces and
posed, with his consent, by a registered elector
the Police are not eligible for election. In
for the constituency. A candidate may have
regard to membership of the Seanad, the can-
included in the ballot paper the name of the
didates for each panel must satisfy the Seanad
Party he represents if it is registered by the
Returning Officer that they have knowledge
Registrar of Political Parties (Clerk of the
and practical experience of the interests and
Dail).
services represented on the panel.
Seanad Eireann. -
The Seanad is com-
posed of sixty members of whom
Electorate
(a) eleven are nominated directly to the House
Dfil Eireann. -
Every citizen without dis-
by the Taoiseach (Head of the Government
tinction of sex who has reached the age of
or Prime Minister);
twenty-one years and is not disqualified by law


8
and complies with the provisions of the law
period may be fixed by law. A maximum
relating to the election of members of the Dail
period of five years has been fixed by law.
has the right under the Constitution to vote
The Dail is summoned and dissolved by the
at an election.
Members are elected on the
President on the advice of the Taoiseach. The
system of proportional representation by means
Proclamation of dissolution issued by the
of the single transferable vote. A person is
President sets out, inter alia, the date of dis-
entitled to be registered as a Dail elector in a
solution of the outgoing Dail and the date on
constituency if he has reached the age of twen-
which the new Dail will meet.
A general
ty-one years and if he was, on the qualifying
election for members of the Dail must be held
date, (a) a citizen of Ireland and (b) ordinarily
not later than thirty days after a dissolution
resident in that constituency. It is the duty
and the newly elected Dail must meet within
of the county councils and county borough cor-
thirty days from the polling date. The out-
porations to compile the register of electors.
going Ceann Comhairle (Speaker), if he so
No voter may exercise more than one vote
desires, is deemed, without any actual election,
and the voting is by secret ballot; postal voting
to be elected to the new Dail for the consti-
at elections to the Dail is confined to members
tuency for which he was a member immediately
-of the Police Force and whole time members
before the dissolution. A
person is a member
of the Defence Forces.
of the Dail from the date of his election to
the Dail to the date on which the Dail is next
Seanad Eireann. -
The electorate for the
dissolved. On signing the Roll of Members he
forty-three members of the Seanad elected from
becomes entitled to take his seat. A member
panels of candidates consists of :
of the Dail ceases to be a member before the
(a) the members of the newly elected Dail,
dissolution of the Dail by his death, resignation
or
(b) the members of the Seanad, and
disqualification. The members of the Gov-
ernment in office at the date of the dissolution
(c) the members of every council of a county
of the Dail continue to hold office until their
borough.
successors have been appointed.
Categories (a) and (c) have of course been
Seanad Eireann. -
A general election for
elected at general and local elections respecti-
the Seanad takes place not later than ninety
vely.
days after a dissolution of Dail ~ireann and
the first meeting of the new Seanad after the
The electorate for the six members of the
general election takes place on a day fixed by
Seanad elected from the Universities consists
the President on the advice of the Taoiseach.
of :
Every member of Seanad Bireann, unless he
in the case of the University of Ireland -
previously dies, resigns or becomes disqualified,
every citizen who has received a degree (other
continues to hold office until the day before
than an honorary degree) in the university and
the polling day at the Seanad general election
has reached the age of twenty-one
next held after his election
years, and
or nomination.
in the case of the University of Dublin -
Privileges of Members
every citizen who has received a degree (other
than an honorary degree) in the university or
The members of each House are, except in
has obtained a foundation scholarship in the
case of treason, felony or breach of the peace,
university or, if a woman,...

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