Emergency Legislation without full legislature

usernamegoes

It seems the acting Government are proposing to enact legislation next week to settle the recent HC case.

What are people's thoughts on this? I think the Senate is only in place until Sunday night. Then the Taoiseach can't appoint any senators until he is elected again. Without a full Senate I can't see how this can be done.

Fred Swanson

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usernamegoes

Fred Swanson wrote: »

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According to Art 18.9 of the Constitution they resign the day before polling.

Pro Hoc Vice

Fred Swanson wrote: »

The previous Seanad stays in office until their successors are elected/appointed.

Nope "Every member of Seanad Éireann shall, unless he dies, resigns, or becomes disqualified, continue to hold office until the day before the polling day of the general election for Seanad Éireann next held after his election or nomination."

So the 49 elected senators will take over but what about 11 nominees.

usernamegoes

Pro Hoc Vice wrote: »

Nope "Every member of Seanad Éireann shall, unless he dies, resigns, or becomes disqualified, continue to hold office until the day before the polling day of the general election for Seanad Éireann next held after his election or nomination."

So the 49 elected senators will take over but what about 11 nominees.

Exactly, at the first order of business is the election of a Chairperson. How can that person have any legitimacy when 11 members weren't around to vote for him/her.

Pro Hoc Vice

usernamegoes wrote: »

Exactly, at the first order of business is the election of a Chairperson. How can that person have any legitimacy when 11 members were around to vote for him/her.

Yup an interesting problem and the Constitution says

"The nominated members of Seanad Éireann shall be nominated, with their prior consent, by the Taoiseach who is appointed next after the re-assembly of Dáil Éireann following the dissolution thereof which occasions the nomination of the said members."

So the acting Taoiseach can't appoint the last 11 are gone the Seanad can only have 49 members.

Further "Seanad Éireann shall be composed of sixty members, of whom eleven shall be nominated members and forty-nine shall be elected members."

I would think any bill passed would be open to challenge.

usernamegoes

Pro Hoc Vice wrote: »

Further "Seanad Éireann shall be composed of sixty members, of whom eleven shall be nominated members and forty-nine shall be elected members."

I would think any bill passed would be open to challenge.

That's key.

GerardKeating

usernamegoes wrote: »

That's key.

If 31 vote for the bill, would that not be ok?

Pro Hoc Vice

GerardKeating wrote: »

If 31 vote for the bill, would that not be ok?

The question remains is a house with only 49 seats filled of 60 valid under the constitution from the off.

Fred Swanson

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Pro Hoc Vice

Fred Swanson wrote: »

It would not be properly constituted.

Hence the OP's original question, to be honest as it' has never happened before I'm not sure if anyone can with authority answer the OP"s question.

Pro Hoc Vice

http://m.independent.ie/irish-news/courts/sentencing-law-delayed-by-dil-deadlock-34666977.html