Criminal Justice (Corruption Offences) Act 2018

Amendment of Seanad Electoral (Panel Members) Act 1947

31. The Seanad Electoral (Panel Members) Act 1947 is amended—

(a) in section 2—

(i) by the substitution of the following definition for the definition of “casual vacancy”:

“the expression ‘casual vacancy’ means a vacancy in the membership of Seanad Éireann occasioned by—

(a) the death, resignation or disqualification of a member of Seanad Éireann, or

(b) the taking effect under section 17 (6) of the Act of 2018 of a forfeiture of office order in respect of a member of Seanad Éireann,

who was elected at the next preceding Seanad general election or was elected at a Seanad bye-election since the next preceding Seanad general election;”,

(ii) by the substitution of the following definition for the definition of “nominating bodies sub-panel casual vacancy”:

“the expression ‘nominating bodies sub-panel casual vacancy’ means a casual vacancy occasioned by—

(a) the death, resignation or disqualification of a member of Seanad Éireann, or

(b) the taking effect under section 17 (6) of the Act of 2018 of a forfeiture of office order in respect of a member of Seanad Éireann,

who was elected at the next preceding Seanad general election from a nominating bodies sub-panel or who was elected at a Seanad bye-election to fill (whether directly or indirectly) the place of a member who was so elected at such Seanad general election;”,

(iii) by the substitution of the following definition for the definition of “Oireachtas sub-panel casual vacancy”:

“the expression ‘Oireachtas sub-panel casual vacancy’ means a casual vacancy occasioned by—

(a) the death, resignation or disqualification of a member of Seanad Éireann, or

(b) the taking effect under section 17 (6) of the Act of 2018 of a forfeiture of office order in respect of a member of Seanad Éireann,

who was elected at the next preceding Seanad general election from an Oireachtas sub-panel or who was elected at a Seanad bye-election to fill (whether directly or indirectly) the place of a member who was so elected at such Seanad general election;”,

and

(iv) by the insertion of the following definitions:

“the expression ‘Act of 2018’ means the Criminal Justice (Corruption Offences) Act 2018;

the expression ‘forfeiture of office order’ means an order under section 17 (4)(b) of the Act of 2018 for the forfeiture of the office of a person as a member of Seanad Éireann;”,

(b) in section 55(2), by the insertion of “or, as the case may be, the member in respect of whom a forfeiture of office order has taken effect under section 17 (6) of the Act of 2018” after “the member whose death, resignation, or disqualification occasioned the vacancy”, and

(c) by the insertion of the following section after section 80:

“Forfeiture of office order under Criminal Justice (Corruption Offences) Act 2018

80A. (1) If while a person is a member of Seanad Éireann elected under this Act a forfeiture of office order in respect of the person takes effect under section 17 (6) of the Act of 2018, he or she shall thereupon cease to be such member and a vacancy shall exist accordingly in the membership of Seanad Éireann.

(2) As soon as may be after the receipt by the Chairman of Seanad Éireann of a notification from the registrar of a court under subsection (7) of section 17 of the Act of 2018 of the taking effect under subsection (6) of that section of a forfeiture of office order in respect of a member of Seanad Éireann elected under this Act, the Chairman of Seanad Éireann shall inform Seanad Éireann of such receipt at the next meeting thereof.”.