The Irish Constitution Part 4

A Legislature is hereby created to be known as Parliament/Oireachtas of the Irish Free State/Saorstat Eireann. It shall consist of the King and two Houses: the Chamber of Deputies/Dail Eireann and the Senate/Seanad Eireann. The power of making laws for the peace, order and good government of the Irish Free State/Saorstat Eireann is vested in the Parliament/Oireachtas.

ARTICLE 13.

The Parliament/Oireachtas shall sit in or near the city of Dublin or in such other place as from time to time it may determine.

ARTICLE 14.

All citizens of the Irish Free State/Saorstat Eireann without distinction of s.e.x who have reached the age of twenty-one years and who comply with the provisions of the prevailing electoral laws, shall have the right to vote for members of the Chamber of Deputies/Dail Eireann, and to take part in the Referendum or Initiative. All citizens of the Irish Free State/Saorstat Eireann without distinction of s.e.x who have reached the age of thirty years and who comply with the provisions of the prevailing electoral laws, shall have the right to vote for members of the Senate/Seanad Eireann. No voter may exercise more than one vote and the voting shall be by secret ballot. The mode and place of exercising this right shall be determined by law.

ARTICLE 15.

Every citizen who has reached the age of twenty-one years and who is not placed under disability or incapacity by the Const.i.tution or by law shall be eligible to become a member of the Chamber of Deputies/Dail Eireann.

ARTICLE 16.

No person may be at the same time a member both of the Chamber/Dail Eireann and of the Senate/Seanad Eireann.

ARTICLE 17.

The oath to be taken by Members of Parliament/Oireachtas shall be in the following form:--

I ........................ do solemnly swear true faith and allegiance to the Const.i.tution of the Irish Free State as by law established, and that I will be faithful to H.M. King George V., his heirs and successors by law in virtue of the common citizenship of Ireland with Great Britain and her adherence to and membership of the group of nations forming the British Commonwealth of Nations.

Such oath shall be taken and subscribed by every member of the Parliament/Oireachtas before taking his seat therein before the Representative of the Crown or some person authorised by him.

ARTICLE 18.

Every member of the Parliament/Oireachtas shall, except in case of treason, felony, or breach of the peace, be privileged from arrest in going to and returning from, and while within the precincts of either House, and shall not be amenable to any action or proceeding at law in respect of any utterance in either House.

ARTICLE 19.

All reports and publications of the Parliament/Oireachtas or of either House thereof shall be privileged and utterances made in either House wherever published shall be privileged.

ARTICLE 20.

Each House shall make its own rules and Standing Orders, with power to attach penalties for their infringement and shall have power to ensure freedom of debate, to protect its official doc.u.ments and the private papers of its members, and to protect itself and its members against any person or persons interfering with, molesting or attempting to corrupt its members in the exercise of their duties.

ARTICLE 21.

Each House shall elect its own Chairman and Deputy Chairman and shall prescribe their powers, duties, and terms of office.

ARTICLE 22.

All matters in each House shall, save as otherwise provided by this Const.i.tution, be determined by a majority of the votes of the members present other than the Chairman or presiding member, who shall have and exercise a casting vote in the case of an equality of votes. The number of members necessary to const.i.tute a meeting of either House for the exercise of its powers shall be determined by its Standing Orders.

ARTICLE 23.

The Parliament/Oireachtas shall make provision for the payment of its members and may in addition provide them with free travelling facilities in any part of Ireland.

ARTICLE 24.

The Parliament/Oireachtas shall hold at least one session each year. The Parliament/Oireachtas shall be summoned and dissolved by the Representative of the Crown in the name of the King and subject as aforesaid the Chamber/Dail Eireann shall fix the date of re-a.s.sembly of the Parliament/Oireachtas and the date of the conclusion of the session of each House provided that the sessions of the Senate/Seanad Eireann shall not be concluded without its own consent.

ARTICLE 25.

Sittings of each House of the Parliament/Oireachtas shall be public. In cases of special emergency either House may hold a private sitting with the a.s.sent of two-thirds of the members present.

SECTION II.--LEGISLATIVE PROVISIONS.

B.--THE CHAMBER OF DEPUTIES/DAIL EIREANN.

ARTICLE 26.

The Chamber/Dail Eireann shall be composed of members who represent const.i.tuencies determined by law. The number of members shall be fixed from time to time by the Parliament/Oireachtas, but the total number of members of the Chamber/Dail Eireann shall not be fixed at less than one member for each thirty thousand of the population, or at more than one member for each twenty thousand of the population: Provided that the proportion between the number of members to be elected at any time for each const.i.tuency and the population of each const.i.tuency, as ascertained at the last preceding census, shall, so far as possible, be identical throughout the country. The members shall be elected upon principles of Proportional Representation. The Parliament/Oireachtas shall revise the const.i.tuencies at least once in every ten years, with due regard to changes in distribution of the population, but any alterations in the const.i.tuencies shall not take effect during the life of the Chamber/Dail Eireann sitting when such revision is made.

ARTICLE 27.

At a General Election for the Chamber/Dail Eireann the polls shall be held on the same day throughout the country, and that day shall be a day not later than thirty days after the date of the dissolution and shall be proclaimed a public holiday. The Chamber/Dail Eireann shall meet within one month of such day, and shall unless earlier dissolved continue for four years from the date of its first meeting, and not longer. The Chamber/Dail Eireann may not at any time be dissolved except on the advice of the Executive Council.

ARTICLE 28.

In case of death, resignation or disqualification of a member of the Chamber/Dail Eireann, the vacancy shall be filled by election in manner to be determined by law.

SECTION II.--LEGISLATIVE PROVISIONS.

C.--THE SENATE/SEANAD EIREANN.

ARTICLE 29.

The Senate/Seanad Eireann shall be composed of citizens who have done honour to the Nation by reason of useful public service or who, because of special qualifications or attainments, represent important aspects of the Nation's life.

ARTICLE 30.

Every University in the Irish Free State/Saorstat Eireann shall be ent.i.tled to elect two representatives to the Senate/Seanad Eireann. The number of Senators, exclusive of the University members, shall be fifty-six. A citizen to be eligible for membership of the Senate/Seanad must be a person eligible to become a member of the Chamber/Dail Eireann, and must have reached the age of thirty-five years. Subject to any provision for the const.i.tution of the first Senate/Seanad the term of office of a member of the Senate/Seanad shall be twelve years.

ARTICLE 31.

One-fourth of the members of the Senate/Seanad Eireann exclusive of the University members shall be elected every three years from a panel const.i.tuted as hereinafter mentioned at an election at which the Irish Free State/Saorstat Eireann shall form one electoral area and the elections shall be held on principles of Proportional Representation. One member shall be elected by each University ent.i.tled to representation in the Senate/Seanad every six years.

ARTICLE 32.

Before each election of members of the Senate/Seanad Eireann (other than University members) a panel shall be formed consisting of:--

(a) Three times as many qualified persons as there are members to be elected of whom two-thirds shall be nominated by the Chamber/Dail Eireann voting according to principles of Proportional Representation and one-third shall be nominated by the Senate/Seanad Eireann voting according to principles of Proportional Representation; and

(b) Such persons who have at any time been members of the Senate/Seanad (including members about to retire) as signify by notice in writing addressed to the President of the Executive Council their desire to be included in the panel.