No. 30/1993:

EUROPEAN PARLIAMENT ELECTIONS ACT, 1993

ARRANGEMENT OF SECTIONS

Section

1. Definitions.

2. Qualification of candidates.

3. Amendment of section 4 of Act of 1984.

4. Amendment of section 5 of Act of 1984.

5. Amendment of section 1 of Principal Act.

6. Amendment of section 12 of Principal Act.

7. Amendment of section 15 of Principal Act.

8. Amendment of First Schedule to Principal Act.

9. Amendment of Second Schedule to Principal Act.

10. Short title, collective citation and construction.

ACTS REFERRED TO

Number 30 of 1993

EUROPEAN PARLIAMENT ELECTIONS ACT, 1993

AN ACT TO MAKE FURTHER PROVISION AS REGARDS THE ELECTION OF REPRESENTATIVES TO THE EUROPEAN PARLIAMENT.

[13th Decamber, 1993]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act—

"the Act of 1984" means the European Assembly Elections Act, 1984 ; and

"the Principal Act" means the European Assembly Elections Act, 1977 .

2.—(1) Notwithstanding anything contained in the European Assembly Elections Acts, 1977 to 1992, and subject to any detailed arrangements adopted by the Council pursuant to Article 8b(2) (inserted by the Treaty) of the Treaty establishing the European Community, signed at Rome on the 25th day of March, 1957, a person who is a national of a Member State other than the State and is ordinarily resident in the State shall not be ineligible for election to be a representative in the European Parliament or for nomination as a replacement candidate by reason only of not being a citizen of Ireland.

(2) In this section—

"the Council" has the meaning it has in the Treaty;

"national of a Member State" has the meaning it has in the treaties governing the European Communities within the meaning of section 1 (as amended, whether before or after the passing of this Act) of the European Communities Act, 1972 ; and

"the Treaty" means the Treaty on European Union, done at Maastricht on the 7th day of February, 1992.

3.—Section 4 of the Act of 1984 is hereby amended by the substitution for subsection (3) of the following:

"(3) Where a registered political party or a non-party candidate at a European Parlaiment election nominates more than one replacement candidate, the order in which the replacement candidates are nominated shall be determined by that party or, as may be appropriate, that candidate, and the names of such replacement candidates shall be listed on the relevant replacement candidates' list in that order and, in applying any provision of the European Parlaiment Elections Acts, 1977 to 1993, in relation to the list, the names on the list shall be listed or given in the order in which they have been so determined and listed or, as may be appropriate, regard shall be had to that order.".

4.—Section 5 of the Act of 1984 is hereby amended by the insertion of the following subsections after subsection (6):

"(7) As soon as may be after the notice of poll is published in a constituency, pursuant to Rule 21 (as amended by section 7 (c) of this Act) of the First Schedule to the Principal Act, the returning officer concerned shall deliver to the Clerk of Dáil Éireann the replacement candidates' lists duly presented at that election in respect of the constituency (being lists of which public notice was given pursuant to the said Rule 21).

(8) The Clerk of Dáil Éireann shall retain possession of each replacement candidates' list delivered to him pursuant to subsection (7) of this section and each such list shall, unless the contrary is shown, be evidence of the matters stated therein.".

5.—Section 1 of the Principal Act is hereby amended by the substitution for the definition of "the treaties" of the following definition:

"'the treaties' means the treaties governing the European Communities (within the meaning of section 1 (as amended, whether before or after the passing of this Act) of the European Communities Act, 1972 ).".

6.—The reference in subsection (3) of section 12 of the Principal Act to the 1st day of January, 1977, shall be construed as a reference to the 1st day of January, 1993.

7.—The Principal Act is hereby amended by the substitution for section 15 (inserted by section 6 of the Act of 1984) of the following section:

"15. (1) Where a casual vacancy occurs amongst the persons who by virtue of the European Parliament Elections Acts, 1977 to 1993. are representatives in the European Parliament, the vacancy shall be filled in accordance with the following subsections of this section.

(2) In case the relevant representative elected under this Act at the last preceding European Parliament election was at that election a candidate of a registered political party which, or a non-party candidate who, as regards that election, presented a replacement candidates' list, being a list of which public notice was given pursuant to Rule 21 (as amended by section 7 (c) of the European Assembly Elections Act, 1984 ) of the First Schedule to this Act, the Clerk of Dáil Éireann shall, as soon as may be after the casual vacancy occurs, by letter request the person (if any) whose name stands first or, as may be appropriate, alone on that list to make and deliver to him, within 20 days from the day on which the request is made, a statutory declaration, in such form as the Minister may direct, that—

( a ) he is the person whose name stands (whether alone or otherwise) on the list,

( b ) he is eligible and willing to assume the office of representative in the European Parliament, and

( c ) in case the relevant representative so elected was at such election a candidate of a registered political party, he is a member of the registered political party concerned.

(3) If the person of whom a request was made under subsection (2) of this section fails or refuses to comply with the request, the Clerk of Dáil Éireann shall, as soon as may be after the refusal or failure concerned, by letter request the person (if any) whose name stands next on the relevant list to make and deliver to him a statutory declaration in accordance with the said subsection (2), and if such person fails or refuses to comply with the request, the Clerk of Dáil Éireann shall, as soon as may be after the refusal or failure concerned, make such a request by letter, in turn, of each of the other persons (if any) whose names appear on the relevant list, in the order in which they so appear, until—

( a ) one such person complies with the request, or

( b ) the list is exhausted,

whichever is the sooner.

(4) Where, pursuant to a request under subsection (2) of this section, the Clerk of Dáil Éireann receives a statutory declaration in compliance with the said subsection, he shall, as soon as may be, cause a statement of the declarant's name and address together with a copy of the statutory declaration to be—

( a ) laid before each House of the Oireachtas,

( b ) published in Iris Oifigiúil,

( c ) delivered to—

(i) each person on the relevant replacement candidates' list, and

(ii) in case the list was presented by a registered political party, that party.

(5) In case—

( a ) the relevant representative elected under this Act at the last preceding European Parliament election was not a candidate described in subsection (2) of this section,

( b ) the persons of whom a request was made under the said subsection fail or refuse to comply with the request, or

( c ) the relevant replacement candidates' list is exhausted,

the Clerk of Dáil Éireann shall cause a statement to the effect set out in paragraph (a), (b) or (c) of this subsection, as may be appropriate, to be laid before each House of the Oireachtas, and Dáil Éireann may select a person whose name is on any replacement candidates' list in respect of the constituency concerned, being a list of which public notice was given pursuant to the said Rule 21 (as so amended) or, as may be appropriate, the sole such list presented at the last preceding European Parliament election in respect of the constituency and, in case Dáil Éireann makes a selection under this subsection, it shall by resolution specify the person so selected.

(6) ( a ) Where a statement of the declarant's name and address and a copy of the statutory declaration are laid, published and delivered in accordance with subsection (4) of this section, the person named therein shall, upon the expiration of the period of 7 days beginning on the day on which the statement and copy of the statutory declaration are so published in Iris Oifigiúil, be regarded as having been elected under this Act to the European Parliament.

( b ) Where, pursuant to subsection (5) of this section, a resolution is passed by Dáil Éireann, the person specified in the resolution shall thereupon be regarded as having been so elected under this Act.

(7) As soon as may be after a person is, by virtue of this section, regarded as having been elected under this Act to the European Parliament, the Clerk of Dáil Éireann shall notify the European Parliament of the name and address of the person together with the date on which his election took effect.

(8) A person to whom paragraph (a) or (b) of subsection (6) of this section applies shall, unless he sooner dies, resigns, becomes disqualified for election under this Act to the European Parliament, is removed from office or otherwise ceases to be a representative in the European Parliament, hold office as such a representative for the residue of the term for which the representative whom he replaces would have held office had he not ceased to hold office.

(9) If and so long as the office of Clerk of Dáil Éireann is vacant or the holder of that office is unable through illness, absence or other cause to fulfil his duties, the functions conferred on him b this section shall be performed by the Clerk-Assistant of Dáil Eireann.

(10) A person shall not be regarded as having been elected to the European Parliament pursuant to this section if he is, for the time being—

( a ) a representative in the European Parliament,

( b ) not eligible for election under this Act to the European Parliament,

( c ) a person who, by virtue of any provision laid down under the treaties, is not entitled to assume the office of representative in the European Parliament,

( d ) not willing to assume such office, or

( e ) in case—

(i) the vacancy concerned is not one to which subsection (5) of this section applies, and

(ii) the relevant representative elected under this Act to the European Parliament at the last preceding European Parliament election was at that election a candidate of a registered political party,

a person who is not a member of that party.

(11) In this section 'a casual vacancy' means,

( a ) a vacancy occasioned by a person who, though elected or regarded as having been elected to the European Parliament pursuant to the European Parliament Elections Acts, 1977 to 1993, is, by virtue of any provision laid down under the treaties, not entitled to assume the office of representative in the European Parliament, or

( b ) a vacancy occasioned by a person having ceased to be a representative in the European Parliament otherwise than by the effluxion of time or in consequence of the making of an order under section 17 of this Act by the High Court.".

8.—Rule 69 (1) of the First Schedule to the Principal Act is hereby amended by the substitution for subparagraph (d) (inserted by section 7 (i) of the Act of 1984) of the following subparagraph:

"( d ) the candidates' nomination papers, whether valid or invalid, any certificates of political affiliation and any replacement candidates' lists, whether valid or invalid (other than those delivered to the Clerk of Dáil Éireann pursuant to section 5 (7) (inserted by section 4 of the European Parliament Elections Act, 1993 ) of the European Assembly Elections Act, 1984 ).".

9.—The Principal Act is hereby amended as respects European Parliament elections held after the 1st day of January, 1993, by the substitution for the Second Schedule thereto of the following:

Section 12.

"SECOND SCHEDULE

CONSTITUENCIES

".

10.—(1) This Act may be cited as the European Parliament Elections Act, 1993 .

(2) The European Assembly Elections Acts, 1977 to 1992, and this Act may be cited together as the European Parliament Elections Acts, 1977 to 1993, and shall be construed together as one Act.