Peter Fitzpatrick (Louth, Fine Gael) | Oireachtas source

The Bill amends the Electoral Act 1992 and the European Elections Act 1997 with the effect that a person who was declared bankrupt will no longer be disqualified from membership of the Dáil, the Seanad and the European Parliament. Furthermore, it provides that a person who was declared bankrupt while serving as a Member of the Dáil, the Seanad or the European Parliament shall not cease to be a Member as a result of his or her bankruptcy. Under existing law, a person who is an undischarged bankrupt under adjudication by a court of competent jurisdiction in the State is not eligible for election to the Dáil or the European Parliament. An MEP who becomes subject to this disqualification ceases to be a Member of the European Parliament. Where a Deputy has been declared bankrupt and the adjudication order is not annulled within six months of the date of the order, a vacancy arises in the Dáil.

Certain categories of people are ineligible for candidacy or membership of the Dáil. They include a person who is not a citizen of Ireland, who will not reach the age of 21 years on polling day or, if there is no polling day in respect of the constituency concerned by reason of the operation of section 58(b) of the Electoral Act 1992, as amended, the day which is polling day generally throughout the State in respect of the election concerned, who is a member of the Commission of the European Communities, who is a judge, an advocate general or a registrar of the Court of Justice of the European Communities, who is a member of the Court of Auditors of the European Communities, who is a member of the Garda Síochána or a whole-time member of the Defence Forces as defined in section 11(4) of the Electoral Act 1992, as amended, who is a civil servant who is not, by the terms of his or her employment, expressly permitted to be a Member of the Dáil, who is a person of unsound mind, who is undergoing a sentence of imprisonment for any term exceeding six months imposed by a court of competent jurisdiction in the State or who is a directly elected cathaoirleach of a local authority.

There is no amendment to Seanad electoral law in the Bill. To be eligible for membership of Seanad Éireann, a person must be eligible to become a Member of Dáil Éireann and, consequently, the bankruptcy qualification automatically will be removed for the Seanad. The Minister has argued that the current law applies only to those were been declared bankrupt by a competent Irish court. Consequently, an Irish citizen who has been declared bankrupt in the United Kingdom, the United States of America or in any other country is not subject to disqualification. The proposed Bill is one way to address this anomaly by removing the disqualification of undischarged bankrupts, as well as the inherent unfairness these anomalies present. An amendment to legislation to include competent courts in other jurisdictions would be another possibility in this regard.

For the European elections to be held on 23 May, the earliest date for receipt of nominations by returning officers is 10 April. The latest date for receipt of nominations from candidates who are nationals of European Union member states other than Ireland or the United Kingdom is Thursday, 17 April. The latest date for receipt of nominations from candidates who are Irish or British citizens is Tuesday, 28 April. Early consideration of the Bill will provide certainty for prospective candidates at the forthcoming European elections as to the eligibility requirement for election. Ideally, the Bill will go through the Oireachtas in good time before 17 April.

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