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43 1937

SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1937

PART I.

Preliminary and General.

Short title.

1. —This Act may be cited as the Seanad Electoral (Panel Members) Act, 1937.

Commencement.

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

Definitions.

3. —In this Act—

the expression “the Minister” means the Minister for Local Government and Public Health;

the expression “Seanad 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 the said Article 18 to be elected from panels;

the expression “the first Seanad election” means the first Seanad election held after the commencement of this Act;

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

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

The panels.

4. —(1) In this Act—

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

the expression “the cultural and educational panel” means the panel required by the said sub-section 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 sub-section 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 sub-section 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 sub-section 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 sub-section 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.

The Seanad returning officer.

5. —(1) As soon as practicable after the commencement of this Act and from time to time thereafter as occasion requires, the Minister shall appoint a fit and proper person to 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 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 from time to time prepare a scale of maximum charges for the Seanad returning officer, and the Seanad returning officer shall be paid by the said Minister out of the Central Fund or the growing produce thereof his reasonable charges in respect of his services and expenses in relation to every Seanad election including the preparation of the register of nominating bodies and annual revisions thereof, but not exceeding in any case the maximum charges specified in the said scale of maximum charges for the time being in force.

Appointment of days and times.

6. —(1) Before every Seanad election the Minister shall by order appoint for the purpose of such Seanad election—

(a) the day and hour (in this Act referred to as the expiration of the time for general panel nominations) on and at which the period during which the Seanad returning officer may receive nominations to the panels by nominating bodies shall expire;

(b) the day and hour (in this Act referred to as the expiration of the time for Dáil panel nominations) on and at which the period during which the Seanad returning officer may receive nominations to the panels by members of Dáil Eireann shall expire;

(c) the day and hour (in this Act referred to as the expiration of the time for ex-officio nominations) on and at which the period during which the Seanad returning officer may receive ex-officio nominations to the administrative panel shall expire;

(d) the day on which and the place at which the Seanad returning officer will sit for the completion of the panels;

(e) the day (in this Act referred to as the day of issue of ballot papers) on which the ballot papers for the said Seanad election are to be issued and posted to electors;

(f) the day and hour (in this Act referred to as the close of the poll) at which the poll at the said Seanad election is to be closed;

(g) the address of the Seanad returning officer to which applications for registration, nomination papers, and other communications may be sent to him.

(2) In the case of the first Seanad election, the order under this section shall be made as soon as conveniently may be after the commencement of this Act and, in the case of every subsequent Seanad election, the order under this section shall be made within seven days after the dissolution of Dáil Eireann which occasions such Seanad election.

(3) The following provisions shall apply and have effect in relation to every order made by the Minister under this section except the order so made for the purposes of the first Seanad election, that is to say:—

(a) the day appointed under this section for the expiration of the time for general panel nominations shall not be less than four weeks after the dissolution of Dáil Eireann and, where practicable, shall not be prior to the date fixed for the reassembly of Dáil Eireann after such dissolution;

(b) the day appointed under this section for the expiration of the time for Dáil panel nominations shall not be less than seven days after the day appointed under this section for the expiration of the time for general panel nominations and, where practicable, shall be subsequent to the date fixed for the said reassembly of Dáil Eireann.

(4) The day appointed by an order under this section for the expiration of the time for ex-officio nominations shall always be subsequent to the day appointed by the same order for the expiration of the time for Dáil panel nominations.

(5) Every order made by the Minister under this section shall be published in the Iris Oifigiúil as soon as may be after it is made.

Regulations.

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

Expenses.

8. —All expenses incurred by the Minister in the execution of this Act shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.