Seanad debates

Thursday, 17 July 2014

Electoral (Amendment) (No. 4) Bill 2014: Second Stage

 

11:55 am

Photo of Caít KeaneCaít Keane (Fine Gael) | Oireachtas source

I welcome the Minister. What is proposed in the Bill must be done because the need for it dates back to 1947, when the principal Act was brought into force. I do not know who was in power at that time - perhaps one of my colleagues can inform me - but whomever it was left an anomaly in the original legislation. As matters stand under the existing Act, if the Clerk of the Dáil or the Clerk of the Seanad becomes ill, there is no one to take his or her place. We know that those who have occupied those positions in recent years are great people. I pay tribute to Mr. Kieran Coughlan, the former Clerk of the Dáil who retired recently. His shoes will be hard to fill. I also pay tribute the very fine Clerk of this House. There may have been times when neither she nor Mr. Coughlan were available to fulfil the duties assigned to them under the 1947 Act and the fact that, under the Act, no one would have been available to take their places is an anomaly. The Bill before the House provides that the Clerks Assistant of both Houses can step into the breach if the Clerks are indisposed.

Under the 1947 Act, by-elections cannot currently take place because there is no Clerk of the Dáil in the aftermath of Mr. Coughlan's retirement. As the Minister indicated, the Bill is a technical amendment to the existing Act. I accept that there are other changes which must be facilitated, including appointments, etc. I do not know when the position changed in respect of Government seats in the Seanad becoming vacant and the matter being referred to the relevant panel in order that it might elect a replacement Member. Perhaps we should consider re-empowering the various panels again in this regard. The latter has never been done and it is not facilitated under the legislation before us. Perhaps the matter could be dealt with in the context of Seanad reform. It is not on the agenda for today and it would be leading people astray if we were to pretend that it is.

I thank the Minister for coming before the House. He outlined what is involved here and I will not repeat what he said. I commend the Bill to the House.

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