PART VI

Duration and Membership of Dáil

33. —The same Dáil shall not continue for a longer period than five years from the date of its first meeting.

34. —Any member of the Dáil may voluntarily resign his membership thereof by notice in writing to the Chairman of the Dáil and such resignation shall take effect upon receipt of the notice by the Chairman who shall as soon as may be inform the Dáil.

35. —(1) If at an election any person is returned as a member of the Dáil for two or more constituencies, such person shall deliver to the Clerk of the Dáil, before taking his seat for any one of such constituencies, a declaration in writing signed by him stating which one of those constituencies he elects to represent in the Dáil, and if he does not so deliver to the Clerk of the Dáil such declaration in writing not later than 30 days after the first day on which the Dáil sits next after such election he shall be deemed to have elected to represent the constituency in which he received the greatest number of first preference votes.

(2) So soon as a person returned for two or more constituencies elects or is under the foregoing subsection deemed to have elected which of such constituencies he will represent, he shall be deemed to have resigned his seat or seats in each of the other constituencies for which he shall have been so returned.

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

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

(b) if a revision of constituencies takes effect on the dissolution—

(i) in case on such revision there is a new constituency which either consists of or includes the constituency referred to in paragraph (a), that new constituency,

(ii) in case on such revision there is not such a new constituency, the constituency specified for the time being in a declaration under this section.

(2) (a) Where, by reason of a revision of constituencies which is to take effect on the dissolution of the Dáil next following the revision, the Chairman of the Dáil may not be deemed under subsection (1) to be elected either for the constituency for which he is a member of the Dáil or for a new constituency described in subparagraph (i) of subsection (1) (b), he shall for the purposes of this section make a declaration specifying a constituency.

(b) A constituency specified in a declaration made under this section shall be a constituency specified in the Act providing for the revision which includes part of the constituency for which the person making the declaration is a member of the Dáil at the time when the declaration is made.

(c) The following provisions shall apply as regards a declaration made under this section:

(i) the declaration, which shall be in writing, shall be addressed to the Clerk of the Dáil,

(ii) the Chairman of the Dáil by whom it is made shall, in such manner as in the particular circumstances heconsiders appropriate, notify the members of the Dáil of the declaration,

(iii) the declaration shall be made,

(I) in case the person by whom it may be made is Chairman of the Dáil at the time at which the Act providing for the revision of constituencies is enacted, as soon as may be after such enactment,

(II) in case the person by whom it may be made becomes Chairman of the Dáil after such Act is enacted, as soon as may be after he becomes Chairman of the Dáil, and

(iv) in case the person by whom the declaration is made ceases to be Chairman of the Dáil before the Dáil is dissolved, the declaration shall cease to have effect.

(3) Where an outgoing Chairman of the Dáil is deemed by virtue of this section to be elected at a general election as a member of the Dáil for a particular constituency, the number of members actually elected at that general election for that constituency shall be one less than would otherwise be required.

(4) In this section “outgoing Chairman of the Dáil” means a person who, immediately before the dissolution of the Dáil in relation to which the expression is used, was the Chairman of the Dáil.