The Oireachtas (Payment of Members) Act, 1923

Provision for members prevented by illness, etc., from taking the oath.

5.—(1) If any member of the Oireachtas who was elected thereto before the passing of this Act was prevented by illness or by some other involuntary and innocent cause from taking the oath on the first day on which the House to which he was elected sat after his election, and has taken or shall take the oath on the first day on which such House sat or shall sit after such illness or such other cause as aforesaid ceased or shall cease, such member shall be deemed for the purposes of this Act to have taken the oath on the first day on which such House sat after he was elected.

(2) If any member of the Oireachtas who shall be elected thereto after the passing of this Act shall be prevented by illness or by some other involuntary and innocent cause from taking the oath on the first day on which the House to which he shall have been elected shall sit after his election, and shall take the oath on the first day on which such House shall sit after such illness or such other cause as aforesaid shall have ceased, such member shall be deemed for the purposes of this Act to have taken the oath on the first day on which such House sat after his election thereto.

(3) If any question or dispute shall arise as to whether, or the extent to which, a member of the Oireachtas is entitled to the benefit of this section such question or dispute shall be determined—

(a) in the case of a member of Dáil Eireann, by the Ceann Comhairle, and

(b) in the case of a member of Seanad Eireann, by the Cathaoirleach,

and in every such case the determination of the Ceann Comhairle or the Cathaoirleach (as the case may be) shall be final.