John Paul Phelan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

I move amendment No. 5:

In page 5, to delete lines 12 to 19 and substitute the following:"(c) in rule 6, by the deletion in paragraph (1), of "or the United Kingdom",

(d) in rule 10—

(i) in paragraph (2), by the deletion of "or the United Kingdom", and

(ii) in paragraph (3), by the deletion of "or a British citizen",

(e) in rule 18, by the substitution of the following subparagraph for subparagraph (b) of paragraph (1):

"(b) a form of statement indicating whether a person nominated by entry thereon as a replacement candidate is—

(i) a citizen of Ireland, or

(ii) a national of a Member State other than the State,

and",

(f) in rule 19, by the deletion in paragraph (2), of "or the United Kingdom",

(g) in rule 50, by the substitution of the following subparagraph for subparagraph (d) of paragraph (2):

"(d) the name of each candidate’s political party, if any, or, if appropriate, the expression 'Non-Party' shall be printed in large capitals, and the name of each candidate’s political group or European political party, if any, shall be printed in ordinary characters.",

(h) in rule 88—

(i) in paragraph (1), by the substitution of "Subject to paragraph (4), when" for "When",

(ii) in paragraph (1A), by the substitution of "Subject to paragraph (4), when" for "When", and

(iii) by the insertion of the following paragraphs after paragraph (3):

"(4) For the purpose of the European elections held in the year 2019—

(a) paragraph (1A) shall not apply in the constituencies of Dublin and South as specified in the Third Schedule, and

(b) subject to paragraph (5), when all vacancies have been filled in the constituencies of Dublin and South as specified in the Third Schedule, the order in which candidates are deemed to be elected in each such constituency shall be—

(i) where a candidate is deemed to be elected at the end of a count, that candidate shall be deemed to be elected before a candidate deemed to be elected at a subsequent count,

(ii) where two or more candidates are deemed to be elected at the end of a count, the candidate with the greater number of votes credited at the end of that count shall be deemed to be elected before a candidate with a lower number of votes credited at the end of that count.

(5) If, at the end of a count, two or more candidates in the constituencies of Dublin and South as specified in the Third Schedule have each the same number of votes—

(a) regard shall be had to the number of original votes credited to each candidate, and the candidate with a greater number of original votes shall be deemed to be elected before a candidate with a lower number of original votes credited,

(b) where the numbers of the original votes are equal, regard shall be had to the total numbers of votes credited to each candidate at the first count at which they had an unequal number of votes and the candidate with a greater number of votes credited at that count shall be deemed to be elected before a candidate with a lower number of votes credited at that count, or

(c) where the numbers of votes credited to each candidate is equal at all counts, the returning officer shall determine by lot the order in which the candidates are deemed to be elected.

(6) In this rule and without prejudice to rule 82, "determine by lot" means determine in accordance with the following directions, namely, the names of each candidate concerned having been written on similar slips of paper, and the slips having been folded so as to prevent identification and mixed and drawn at random, each candidate shall be deemed to be elected in the order in which his or her name is drawn.",

(i) in rule 92, by the insertion of the following paragraph after paragraph (3):

"(4) Notwithstanding paragraph (3), for the purpose of the European elections held in the year 2019, the returning officer for the constituency of Dublin and the returning officer for the constituency of South shall give public notice of the last candidate deemed to be elected, in accordance with rule 88, in each said constituency. The returning officer for the constituency of Dublin and the returning officer for the constituency of South shall send a copy of the said notice to the Minister, the chief returning officer, Clerk of the Dáil (or, where he or she is unable through illness, absence or other cause to fulfil his or her duties or where there is a vacancy in the office of Clerk of Dáil Éireann, the Clerk-Assistant of Dáil Éireann) and to each person elected.",

(j) the substitution of the following rule for rule 94:

"94. (1) The chief returning officer shall, as soon as may be after receipt of the return referred to in rule 92 from each returning officer, make a return, in the form directed by the Minister, to the Parliament of the persons elected in the State to be representatives in the Parliament.

(2) For the purpose of the European elections held in the year 2019, the return made by the chief returning officer under paragraph (1) shall declare that the last candidate deemed to be elected, as set out in the public notice given in accordance with rule 92, in each of the constituencies of Dublin and South as specified in the Third Schedule, shall not take up their seats in the European Parliament until such time as a date has been specified by the Parliament for the taking up of such seats.",

and

(k) in rule 96, by the deletion in subparagraph (bb) of paragraph (1), of “or the United Kingdom".".

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