Martin Mansergh (Fianna Fail)

I made the point on Second Stage that the deputy chairman should be the Cathaoirleach, for reasons that were stated. At that stage the Bill referred to the 'acting chairman' but it is proposed to change that. It is implicit in section 9(1) of the Bill which states:

If Dáil Eireann is dissolved, the chairperson, or, if the chairperson is unable to perform his or her function, the acting chairperson of the Commission, continues to hold office until the chairman of Dáil Eireann is elected following such dissolution.

From hereon the reference to "acting chairperson" will be changed to "deputy chairperson" of the commission. The only sensible method of reading that section is on the assumption that the deputy chairperson is a Senator and the Cathaoirleach is certainly primus inter pares when it comes to the Senators. It seems to be implicit, although not explicit, in the Bill that the deputy chairperson would be normally and by convention the Cathaoirleach and that is proper order. I would prefer to see this explicitly stated rather than implicitly understood.

I am not certain whether technically speaking this is part of the Bill but the margin note of section 9(1) refers to "Dissolution of Dáil Éireann and Seanad Éireann". The Minister of State may correct me if I am wrong but this seems to be an error. The Constitution speaks only of the dissolution of Dáil Éireann. I looked for the term Seanad Éireann but there is no constitutional phrase. It expires, or its term of office expires, the day before polling day but nobody dissolves Seanad Éireann. On Report Stage, before it is concluded and goes for signature, it should be rephrased in some way.

I support the principle and progress has been made in that we now have a deputy chairperson rather than an acting chairperson. In section 9(1) it seems implicit that that person is the Cathaoirleach of the Seanad. I am not sure why it would not be sensible just to dot the "i's" and cross the "t's". Perhaps if the Minister of State is not able to accept that immediately, he might consider it for the purposes of Report Stage.