Andrew Doyle (Wicklow, Fine Gael) | Oireachtas source

I welcome the opportunity to speak on the Thirty-second Amendment of the Constitution (Abolition of Seanad Éireann) Bill 2013. I welcome the fact that the Referendum Commission was put in place at the earliest possible point to ensure that the information is given to the public to consider as quickly as possible.

I have read the legislation. One item struck me and it relates to the Presidential Commission. Article 14 of the Constitution deals solely with the role of the Presidential Commission and its composition where the President is not in a position to act. Currently, the Presidential Commission is made up of three members: the Chief Justice, the Ceann Comhairle and the Cathaoirleach of the Seanad, three independent officers whom a general election does not affect. Under the Bill it is proposed to amend Article 14.2.1°, Article 14.2.3° and Article 14.2.4° of the Constitution. These amendments would alter the members of the Presidential Commission. In particular, the Leas-Cheann Comhairle will be interested to note, it is proposed that the Cathaoirleach of the Seanad would be replaced by the Leas-Cheann Comhairle, but a general election affects the Office of the Leas-Cheann Comhairle. The Leas-Cheann Comhairle may be pleased to hear what I am going to suggest.

The issue with this legislation is that if the referendum results in the abolition of the Seanad and if a future Leas-Cheann Comhairle were to retire or not be re-elected, then his or her post would fall. Such a situation could potentially arise following a general election. This would mean there would be only two remaining members of the Presidential Commission and that could cause a deadlock if they disagreed in a situation where they were asked to act. Up to now, the three independent officeholders have not been affected by a general election because at such times the Chief Justice remains in situ, the Ceann Comhairle is automatically returned to the Dáil and the Cathaoirleach of the Seanad is in situ because the Seanad does not dissolve until 90 days after the dissolution of the Dáil.

As a result of this current structure, the Presidential Commission continues to have full membership even between election periods of both Houses. The Bill appears to bring about a potential lapse in the membership of the commission during the period of the dissolution of an outgoing Dáil and before the reconvening of the next one. Based on the proposed amendment to the Constitution before us, if the Leas-Cheann Comhairle or third member of the Presidential Commission either retired or failed to retain his seat, who would act in his or her place as the third person on the commission? I have some suggestions about how to avoid such a scenario. The first is to make the Leas-Cheann Comhairle an automatically re-elected position for the next Dáil to ensure constant and consistent full membership of the Presidential Commission in a situation where the President is unable to act.

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