Seanad Electoral (University Members) (Amendment) Act 2024

Seanad Electoral (University Members) (Amendment) Act 2024 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2024 Seanad Electoral (University Members) (Amendment) Act 2024 Seanad Electoral (University Members) (Amendment) Act 2024 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 40 of 2024 SEANAD ELECTORAL (UNIVERSITY MEMBERS) (AMENDMENT) ACT 2024 CONTENTS PART 1 Preliminary and General Section 1. Short title, collective construction and collective citation 2. Commencement 3. Definitions 4. Regulations 5. Expenses PART 2 Constituency, Franchise and Registration 6. Constituency and electors 7. Franchise 8. Central registration authority 9. Register of electors 10. Chief registration officer 11. Registration officers 12. Claim to be registered in first register of electors 13. Consultation with designated bodies in relation to first register of electors 14. Further evidence as to identity or degree 15. First register of electors 16. Further evidence that may be required for purposes of registration on first register of electors 17. Offence of furnishing false information 18. Appeals from chief registration officer 19. Contents of register of electors 20. Expenses arising from preparation of first register of electors and revisions of the register 21. Offences in relation to use of register of electors 22. Central registration authority database 23. Data sharing 24. Seanad Institutions of Higher Education Register of Electors Advisory Committee 25. Meetings of Advisory Committee 26. Functions of An Coimisiún Toghcháin in relation to register of electors PART 3 Amendments to Act of 1937 in Relation to Higher Education Constituency 27. Amendment of Act of 1937 in relation to conduct of elections in Higher Education constituency 28. Absence, incapacity or vacancy in office of Clerk of Seanad Éireann 29. Consequential amendment to Schedule 5 to Social Welfare Consolidation Act 2005 PART 4 Amendments to Act of 1937 Relating to Conduct of Bye-Elections in the Interim Period 30. Bye-elections in respect of university members during interim period PART 5 Nomination of Candidates and Filling of Casual Vacancies in Higher Education Constituency 31. Amendment of section 3 of Act of 1937 32. Repeal of section 13 of Act of 1937 33. Candidates at election in Higher Education constituency 34. Supplementary provision in relation to nomination of candidates 35. Amendment of section 17 of Act of 1937 36. Amendment of section 18 of Act of 1937 37. Procedure in relation to replacement candidates list 38. Amendment of section 19 of Act of 1937 39. Amendment of section 20 of Act of 1937 40. Filling of casual vacancies in Higher Education constituency PART 6 Expenditure by Candidates at Seanad Elections in Higher Education Constituency 41. Interpretation (Part 6) 42. Reimbursement of expenses at elections in Seanad Higher Education constituency 43. Limitation of election expenses at election in Seanad Higher Education constituency 44. Application of Part V of Act of 1997 to elections in Seanad Higher Education constituency 45. Non-compliance with Electoral Act 1997 PART 7 Amendments to third Schedule to Act of 1937 in Relation to Counting of Votes 46. Amendment of Third Schedule to Act of 1937 SCHEDULE Registration Rules Acts Referred to Criminal Justice (Corruption Offences) Act 2018 (No. 9) Data Protection Act 2018 (No. 7) Electoral Act 1997 (No. 25) Higher Education Authority Act 2022 (No. 31) Irish Universities Act 1908 (8 Edw. 7, c.38) Seanad Electoral (Panel Members) Act 1947 (No. 42) Seanad Electoral (University Members) Act 1937 (No. 30) Seanad Electoral (University Members) Acts 1937 to 2015 Social Welfare Consolidation Act 2005 (No. 26) Statutory Declarations Act 1938 (No. 37) Succession Act 1965 (No. 27) Number 40 of 2024 SEANAD ELECTORAL (UNIVERSITY MEMBERS) (AMENDMENT) ACT 2024 An Act to regulate, for the purpose of Article 18.4.2° of the Constitution of Ireland, elections (including bye-elections as well as general elections) of those elected members of Seanad Éireann who are required by that Constitution to be elected by universities or other institutions of higher education in the State, to define the franchise on which such members are to be elected, to amend the Seanad Electoral (University Members) Act 1937 , to provide for vacancies in Seanad Éireann in the Higher Education constituency to be filled from replacement candidates lists and to provide for matters incidental to or connected with such elections. [29th October, 2024] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title, collective construction and collective citation 1. (1) This Act may be cited as the Seanad Electoral (University Members) (Amendment) Act 2024. (2) This Act and the Seanad Electoral (University Members) Act 1937 (other than Part II of that Act) shall be read together as one and may be cited as the Seanad Electoral (Higher Education Members) Acts 1937 and 2024. (3) This Act and the Seanad Electoral (University Members) Acts 1937 to 2015 may be cited together as the Seanad Electoral (Higher Education Members) Acts 1937 to 2024. Commencement 2. (1) This Act, other than Part 1, shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions. (2) An order under subsection (1) shall be laid before each House of the Oireachtas as soon as may be after it is made. Definitions 3. In this Act— “Act of 1937” means the Seanad Electoral (University Members) Act 1937 ; “Advisory Committee” means the committee appointed by the Minister under section 24 ; “central registration authority” shall be construed in accordance with section 8 ; “chief registration officer” shall be construed in accordance with section 10 ; “claimant” means a person who claims to be entitled to be registered as an elector in the Higher Education constituency; “degree” means a degree (other than an honorary degree) which is at least at bachelor degree level; “designated institution” means each of the following: (a) the National University of Ireland; (b) the University of Dublin; (c) a “designated institution of higher education” within the meaning of the Higher Education Authority Act 2022 ; “Higher Education constituency” has the meaning given to it by section 6 ; “identifying particulars”, in relation to a person, means all or any of the following: (a) the person’s name; (b) the person’s former or other name or names, where applicable; (c) the person’s date of birth; (d) the person’s nationality; (e) the address at which the person is normally resident; (f) the address or addresses, where applicable, at which the person formerly resided; (g) the person’s personal public service number, where applicable; (h) the date of the person’s death, where applicable; “interim period” means the period beginning on the 21st day of March 2025 and ending on the date of the first dissolution of the Dáil after that date; “Minister” means the Minister for Housing, Local Government and Heritage; “the National University of Ireland” means the university by that name in Dublin, constituted and founded by charter under the Irish Universities Act 1908 ; “personal public service number” has the meaning given to it by section 262 of the Social Welfare Consolidation Act 2005 ; “prescribed” means prescribed by regulations under this Act; “qualifying particulars”, in relation to a person, means all or any of the following, where applicable: (a) the person’s student number; (b) the degree received by the person; (c) the name of the institution that awarded the person a degree; and (d) the year of the award of the person’s degree; “register of electors” has the meaning given to it by section 9 ; “relevant designated institution”, in relation to a person who claims to be entitled to be registered as an elector in the Higher Education constituency, means the designated institution referred to in section 7 (a). Regulations 4. The Minister may make regulations prescribing any matter or thing referred to in this Act as prescribed or to be prescribed. Expenses 5. All expenses incurred by the Minister in the execution of this Act shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. PART 2 Constituency, Franchise and Registration Constituency and electors 6. (1) At every Seanad general election pursuant to an order under section 12 of the Act of 1937 made after the 21st day of March 2025 and at every Seanad bye-election pursuant to an order under section 42 of the Act of 1937— (a) the designated institutions shall, together, be a constituency (in this Act referred to as the “Higher Education constituency”) for the election of six members of Seanad Éireann, and (b) every person who is for the time being registered as an elector in the register of electors shall be entitled to vote in the Higher Education constituency. (2) No person shall be entitled to vote at an election in the Higher Education constituency unless he or she is registered as an elector in the register of electors. (3) No person shall be entitled to vote more than once in an election in the Higher Education constituency. (4) Nothing in this section shall entitle any person to vote at an election in the Higher Education constituency while he or she is prohibited by law from so voting, nor shall anything in this section relieve any person from any penalties to which he or she may be liable for so voting. Franchise 7. A person shall be entitled to be registered as an elector in the register of electors if he or she— (a) has been awarded a degree by, or obtained a degree from, an institution that is a designated institution, or an institution that has been dissolved and the functions of which have been transferred to an institution that is a designated institution, (b) is a citizen of Ireland, and (c) has attained the age of eighteen years. Central registration authority 8. The governing body of the National University of Ireland shall be the central registration authority for the purposes of this Act and the Act of 1937. Register of electors 9. (1) The central registration authority shall cause a register (in this Act referred to as a register of electors) to be kept in accordance with this Act of the persons who are for the time being entitled to be registered as electors in the Higher Education constituency. (2) No fee shall be charged by the central registration authority or by the chief registration officer to any person in respect of the registration of that person in the register of electors. (3) The first register of electors shall be published and come into effect on the 1st day of April 2025 and shall be prepared so as to render such register of electors an accurate register, so far as may be practicable, of the persons who were qualified on the 23rd day of January 2025. (4) Every annual revision of the register of electors in accordance with the Schedule shall be completed before and come into effect on the 1st day of June and shall be so made as to render such register of electors an accurate register, so far as may be practicable, of the persons who were qualified on the next preceding 26th day of February to be registered in the register of electors. Chief registration officer 10. (1) There shall be a chief registration officer for the Higher Education constituency who shall be appointed and paid by the central registration authority. (2) The central registration authority shall notify the Minister as soon as practicable after it appoints a chief registration officer. (3) The register of electors shall be in such form as the chief registration officer shall, with the sanction of the Minister, direct. (4) It shall be the duty of the chief registration officer to prepare the register of electors and to revise it annually in accordance with this Act and the rules contained in the Schedule . Registration officers 11. (1) There shall be a registration officer for each designated institution who shall be appointed and paid by the governing body of the institution. (2) It shall be the duty of every registration officer to assist the chief registration officer in the carrying out of his or her functions under this Part and the Schedule . (3) A registration officer shall, where so requested by the chief registration officer, provide the chief registration officer with any information within his or her possession, power, or procurement that the chief registration officer requires to verify information provided to the chief registration officer to show that a person who makes a claim, or on whose behalf a claim is made, under section 12 , is entitled to be registered in the register of electors. (4) No fee shall be charged by a registration officer or by the governing body of a designated institution to any person in respect of the registration of that person in the register of electors or the revision of the register. Claim to be registered in first register of electors 12. (1) Any person who claims to be entitled to be registered as an elector in the Higher Education constituency may, on or before the 23rd day of January 2025, send to the chief registration officer a claim in the prescribed form to be so registered. (2) Where a person referred to in subsection (1) so consents, the designated institution that awarded a degree to the person may send to the chief registration officer on behalf of that person, a claim, in the prescribed form to be registered as an elector in the Higher Education constituency. (3) A designated institution shall send all claims referred to in subsection (2) to the chief registration officer as soon as practicable and no later than the 23rd day of January 2025 for inclusion in the first register of electors. (4) The prescribed form of claim shall be such as to enable the claimant to state therein— (a) such particulars (including a person’s identifying particulars and qualifying particulars) as shall be requisite to show that he or she is entitled to be registered as an elector in the Higher Education constituency, (b) the address at which he or she is normally resident, (c) if he or she so desires, another address as the address to which his or her ballot papers are to be sent, and (d) if he or she so wishes, an address at which he or she may be contacted electronically. (5) The prescribed form of claim shall include a declaration to be made by the person filling up the form confirming that the details provided by him or her are true to the best of his or her knowledge and belief. (6) The prescribed form of claim shall be such as to enable the claimant, where he or she does not provide a personal public service number, to fill up the form in the presence of a member of the Garda Síochána or any notary or notary public and for the member or, as the case may be, the notary or notary public on being satisfied as to the claimant’s identity, including, if necessary, by proof of photographic identification or by completing a statutory declaration, to date, sign and stamp the form. (7) The prescribed form of claim shall be such as to enable the claimant, where he or she does not provide a personal public service number and is unable, due to illness or disability, to attend a Garda station, notary or notary public, to have the form endorsed to that effect by a registered medical practitioner and for the medical practitioner to confirm the identity of the claimant. (8) A claim in the prescribed form may be sent to the chief registration officer in writing by post or in electronic form or uploaded electronically to such website as the chief registration officer specifies for that purpose. Consultation with designated bodies in relation to first register of electors 13. (1) Where the chief registration officer receives a claim referred to in section 12 , he or she may, for the purposes of verifying the particulars provided by, or on behalf of, the claimant, the claimant’s identity or whether or not the claimant is entitled to be registered in the register of electors, consult and share information with— (a) where the claimant has stated his or her personal public service number in the claim, the Minister for Social Protection, (b) the relevant designated institution, and (c) An tÚdarás um Ard-Oideachas. (2) The chief registration officer may share identifying particulars with the Minister for Social Protection for the purposes of subsection (1). (3) The chief registration officer may share qualifying particulars and identifying particulars with the relevant designated institution and with An tÚdarás um Ard-Oideachas for the purposes of subsection (1). Further evidence as to identity or degree 14. (1) Where the chief registration officer receives a claim referred to in section 12 and is unable to verify under section 13 the particulars provided by, or on behalf of, the claimant, the claimant’s identity or whether or not the claimant is entitled to be registered in the register of electors, or where a claim is incomplete, the chief registration officer shall inform the claimant and may require him or her, where he or she has not already done so— (a) to fill up the claim form in the presence of a member of the Garda Síochána or any notary or notary public, (b) to satisfy the member or, as the case may be, the notary or notary public, as to his or her identity including, if necessary, by proof of photographic identification or by completing a statutory declaration, and (c) to have the member or, as the case may be, the notary or notary public, on being satisfied as to the claimant’s identity, date, sign and stamp the form, or (d) where he or she is unable, due to illness or disability, to attend a Garda station, notary or notary public, to have the form endorsed to that effect by a registered medical practitioner and to have the medical practitioner confirm the identity of the claimant, and to resubmit the claim. (2) Without prejudice to subsection (1), where the chief registration officer is unable to verify that the claimant has been awarded a degree by an institution that is a designated institution he or she may require the claimant to obtain evidence in writing from the relevant designated institution, that the claimant was awarded such a degree. (3) The chief registration officer shall, as soon as practicable following a request under this section, consider and decide on the claim and shall notify the claimant of the decision and, where the claim is refused, of his or her right to appeal the decision in accordance with section 18 and Rule 25 of the Schedule . First register of electors 15. (1) Where the chief registration officer receives a claim referred to in section 12 and it appears to him or her either without further inquiry or following further inquiry in accordance with this Part that the person to whom the claim relates is entitled to be registered in the register of electors, the chief registration officer shall make an entry in the register of electors in respect of that person. (2) The chief registration officer shall— (a) publish the register prepared under this section on the 1st day of April 2025 by publishing a notice that a copy of such register is open to inspection at his or her office, (b) keep at least one copy of such register available in his or her office for inspection, (c) permit any person to inspect free of charge in his or her office during office hours a copy of such register, (d) on the application of any person during office hours and on payment of the prescribed fee, furnish to such person a copy in printed or in electronic form of such register or of so much thereof as is the subject of such application, and (e) whenever so requested by the Minister, transmit to the Minister a copy of such register or a summary of the contents of such register in such form and giving such particulars as he or she shall specify in such request. (3) Where the chief registration officer provides to any person a copy of the register of electors, or part thereof, under this section he or she shall draw the attention of the person to section 21 in relation to the purposes for which the register may be used. Further evidence that may be required for purposes of registration on first register of electors 16. (1) The chief registration officer, before registering any person in the register of electors, may if he or she thinks it necessary— (a) require such person to produce a certificate of his or her birth or, if that is not practicable or convenient, to make a statutory declaration that he or she has attained the age of eighteen years, and (b) require such person either, as the case may require, to make a statutory declaration that he or she is a citizen of Ireland or to produce a certificate of his or her naturalisation as a citizen of Ireland or a valid passport issued by the Minister for Foreign Affairs. (2) The Minister may prescribe the form and manner of making of a statutory declaration under this section. Offence of furnishing false information 17. A person who furnishes information purportedly in accordance with this Part or the Schedule knowing it to be false or misleading shall be guilty of an offence and shall be liable on summary conviction to a class D fine or to imprisonment for a period not exceeding 3 months or to both such fine and such imprisonment. Appeals from chief registration officer 18. (1) An appeal shall lie to the Circuit Court from any decision of the chief registration officer on any claim or objection which has been considered by him or her under this Act. (2) An appeal shall lie to the High Court on points of law only from a decision of a Judge of the Circuit Court on an appeal under subsection (1). (3) No appeal shall lie from a decision of the High Court on an appeal under subsection (2). (4) As soon as may be after a decision on an appeal under this section the registrar of the Court shall send to the chief registration officer notice of such decision and the chief registration officer shall make such alterations in the register of electors as shall be necessary to give effect to such decision. (5) On any appeal under this section, the chief registration officer shall be named as the respondent or one of the respondents. Contents of register of electors 19. The register of electors shall contain the names of all persons who are entitled under this Act to be registered as electors in the Higher Education constituency, and shall also contain, in respect of every such person, the address at which he or she is normally resident and also, if he or she so desires, another address as the address to which his or her ballot papers are to be sent. Expenses arising from preparation of first register of electors and revisions of the register 20. (1) The central registration authority, the chief registration officer, registration officers and designated institutions may apply to the Minister for the reimbursement of expenses incurred by them arising from the preparation of the register of electors and its annual revision and the Minister may reimburse such expenses where the Minister is satisfied, having consulted with the Minister for Public Expenditure, National Development Plan Delivery and Reform, that they are necessary and reasonable. (2) The Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, make regulations in relation to the expenses that are necessary and reasonable under subsection (1). Offences in relation to use of register of electors 21. (1) A person who uses or causes to be used, or permits without lawful authority or excuse another person to use, information contained in the register of electors for a purpose other than an electoral or other statutory purpose shall be guilty of an offence. (2) Without prejudice to the generality of subsection (1), information contained in the register of electors may be used by— (a) an elected representative, political party or electoral candidate for the purpose of communicating with a data subject (within the meaning of Article 4(1) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20161 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)) about policies or activities, and (b) by an elected representative (within the meaning of section 40 of the Data Protection Act 2018 ) for the purposes of performing his or her duties. (3) It shall be an offence for a person, without lawful authority, to wilfully destroy or mutilate any notice, copy of the register of electors or other document made available for public inspection in connection with the register of electors. (4) Where an offence under this section is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate or any other person who was acting or purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence. (5) A person who is guilty of an offence under this section shall be liable— (a) on summary conviction to a class D fine or to imprisonment for a period not exceeding 3 months or to both such fine and such imprisonment, or (b) on conviction on indictment to a class C fine or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. Central registration authority database 22. (1) The central registration authority may establish a database of information relating to persons registered in the register of electors to enable it to efficiently carry out its functions under this Part. (2) Without prejudice to subsection (1), the database may contain all or any of the following in relation to each person registered in the register of electors: (a) the information in the register of electors; (b) any information provided by the person as part of their claim to be registered in the register of electors or in response to a requirement referred to in Rule 10, 12 or 13 of the Schedule the storage of which is considered by the central registration authority to be necessary and proportionate for the purpose of maintaining the register of electors; (c) an indication whether or not, and by whom, any information referred to in paragraph (b) has been verified. (3) The chief registration officer may use the database for the purpose of the performance of his or her functions under this Part, in accordance with section 23 , for the preparation, revision and publication of the register in accordance with this Part and the Schedule , including by the storage, sharing and extraction of data from the database. Data sharing 23. (1) The chief registration officer may share information with a registration officer, a designated institution, the Minister for Social Protection and any other Minister of the Government or specified public body where it is necessary and proportionate for any one or more of the following purposes: (a) to verify the accuracy of information where it forms part of a claim to be registered in the register of electors; (b) where information has been entered in the register of electors, to verify that it is accurate; (c) to identify duplicate information and to prevent duplicate entries being entered, or appearing, in the register of electors. (2) A registration officer, the Minister for Social Protection and any other Minister of the Government or specified public body may, in order to assist the chief registration officer for any of the purposes referred to in paragraphs (a) to (c) of subsection (1), provide or confirm particulars provided by a person for the purposes of this Part. (3) The chief registration officer may require an tArd-Chláraitheoir to furnish information in connection with the death of a person who is registered in the register of electors. (4) The chief registration officer may use information shared under this section for the purpose of preparing and revising the register of electors in accordance with this Act. (5) In this section, “specified public body” means: (a) the central registration authority; (b) a designated institution; (c) An tArd-Chláraitheoir; (d) An tÚdarás um Ard-Oideachas; (e) such other public body as may be prescribed as a specified public body by the Minister. Seanad Institutions of Higher Education Register of Electors Advisory Committee 24. (1) The Minister may appoint a committee (referred to in this Part as the “Advisory Committee”) to advise the chief registration officer in relation to the performance of his or her functions under this Part and the Schedule . (2) The Advisory Committee shall give advice and make recommendations to the Minister in relation to such matters concerning the Higher Education constituency as the Minister may request. (3) The number of members of the Advisory Committee, including the chairperson, shall be 9. (4) The chief registration officer shall, ex officio, be a member of, and shall chair, the meetings of the Advisory Committee. (5) The members of the Advisory Committee other than the chief registration officer (referred to in this section and section 25 as “ordinary members”) shall be appointed by the Minister as follows: (a) 4 persons from amongst persons nominated by each designated institution for that purpose; (b) 2 persons nominated by the Minister for Further and Higher Education, Research, Innovation and Science; (c) 2 other persons who shall be nominated by the Minister. (6) An ordinary member of the Advisory Committee shall be appointed for such term (not exceeding six years) as shall be specified by the Minister on making the appointment. (7) An ordinary member of the Advisory Committee may resign from office by letter addressed to the Minister. (8) The Minister may remove from office an ordinary member of the Advisory Committee if, in the opinion of the Minister, he or she has become incapable through ill-health of effectively performing his or her duties, or for stated misbehaviour, or if his or her removal appears to the Minister to be necessary or desirable for the effective performance by the Advisory Committee of its functions. (9) In the event of a vacancy arising under subsection (8) the Minister shall appoint a replacement member in accordance with subsection (5) whilst maintaining the same composition of the Advisory Committee as specified under that subsection. Meetings of Advisory Committee 25. (1) The Advisory Committee shall meet as often as it considers necessary for the purpose of performing its functions, but there shall be not less than one meeting of the Advisory Committee in each year. (2) The Advisory Committee may act notwithstanding vacancies in its membership. (3) The quorum for a meeting of the Advisory Committee shall be five persons. (4) The Advisory Committee shall elect a deputy chairperson from amongst the ordinary members. (5) In the event that the chief registration officer is not present, the deputy chairperson shall act as chairperson, locum tenens. (6) The Advisory Committee may regulate, by standing orders or otherwise, its procedures or business. (7) The expenses arising from the performance of functions under this Part by the Advisory Committee shall be paid by the central registration authority. Functions of An Coimisiún Toghcháin in relation to register of electors 26. (1) An Coimisiún Toghcháin may commission or conduct research in relation to— (a) the accuracy and completeness of the register of electors, (b) the activities undertaken by designated institutions to ensure that all persons entitled to be registered as electors in the register of electors are informed of their right to register and the process for so registering, (c) the procedures relating to the processing and management of information by the central registration authority, (d) any other matter that relates to the Higher Education constituency that An Coimisiún Toghcháin considers to be relevant to its functions. (2) The chief registration officer shall report annually to An Coimisiún Toghcháin in relation to the register of electors and the performance by the chief registration officer of his or her functions under this Part and, where requested by An Coimisiún Toghcháin, any database established in accordance with section 22 . (3) An Coimisiún Toghcháin shall, once within two years of the commencement of this section, and at least once every two years thereafter, publish a report in relation to the register of electors, based on the research carried out under subsection (1) which report shall provide an assessment of how the register of electors is being maintained, along with any recommendations considered by An Coimisiún Toghcháin to be necessary to maintain or enhance the integrity of the register and the registration process. (4) An Coimisiún Toghcháin may— (a) make recommendations to the chief registration officer in relation to the maintenance and use of the register, (b) set standards for the central registration authority in relation to the register of electors, and (c) make recommendations to the Minister related to the procedures for claiming an entitlement to be registered in the register of electors and the legislation governing such procedures. PART 3 Amendments to Act of 1937 in Relation to Higher Education Constituency Amendment of Act of 1937 in relation to conduct of elections in Higher Education constituency 27. (1) The Act of 1937 is amended— (a) in section 3, by the substitution of the following definition for the definition of “Seanad general election”: “ ‘Seanad general election’ means so much of a general election of members of Seanad Éireann held in pursuance of Article 18 of the Constitution as relates to the election of those members who are required by the said Article 18 to be elected by universities or any other institutions of higher education in the State;”, (b) by the repeal of— (i) section 8, (ii) section 9, (iii) section 10, (iv) section 11, (v) the First Schedule, (c) by the substitution of “the Higher Education constituency” for “a university constituency” in each place where it occurs, (d) in section 12, by the substitution of “the Higher Education constituency” for “university constituencies” in the 3 places where it occurs, (e) by the substitution of the following section for section 14: “14. (1) At every election in the Higher Education constituency the Vice Chancellor of the National University of Ireland shall be the returning officer. (2) If at the time of an election in the Higher Education constituency the office of the Vice-Chancellor of the National University of Ireland is vacant, or the holder of that office is through ill-health or from any other cause incapacitated from acting as returning officer in such election, the governing body of the National University of Ireland shall appoint some other officer of that university to be returning officer for such constituency in such election.”, (f) in section 15, in subsection (2), by the substitution of “the returning officer” for “returning officers in university constituencies”, (g) in section 25, by the substitution of “the Higher Education constituency” for “university constituencies” in both places where it occurs, (h) in section 26, in subsection (1), by the substitution of “the Higher Education constituency” for “university constituencies”, (i) in section 28A, by the deletion of subsection (2), (j) by the repeal of section 31, and (k) in section 32, by the substitution of “higher education member” for “university member” in each place where it occurs. Absence, incapacity or vacancy in office of Clerk of Seanad Éireann 28. The Act of 1937 is amended by the insertion of the following section after section 32: “33. If and so long as the office of Clerk of Seanad Éireann is vacant or the holder of that office is unable through illness, absence or other cause to fulfil the duties of Clerk of Seanad Éireann, the functions conferred on the said Clerk by this Act shall be performed by the Clerk-Assistant of Seanad Éireann.”. Consequential amendment to Schedule 5 to Social Welfare Consolidation Act 2005 29. Schedule 5 to the Social Welfare Consolidation Act 2005 is amended, in paragraph 1(4), by the insertion of “the National University of Ireland” after “the National Treasury Management Agency,”. PART 4 Amendments to Act of 1937 Relating to Conduct of Bye-Elections in the Interim Period Bye-elections in respect of university members during interim period 30. The Act of 1937 is amended by the insertion of the following Part after Part IV: “PART V BYE-ELECTIONS DURING INTERIM PERIOD Interpretation - Part V 34. In this Part, ‘interim period’ means the period beginning on the 21st day of March 2025 and ending on the date of the first dissolution of the Dáil after that date. Constituencies and electors for bye-elections during interim period 35. (1) At every Seanad bye-election directed, under section 13, to be held in the interim period— (a) the National University of Ireland shall be a constituency (in this Part referred to as the ‘National University bye-election constituency’) for the election of three members of Seanad Éireann, and (b) the University of Dublin shall be a constituency (in this Part referred to as the ‘Dublin University bye-election constituency’) for the election of three members of Seanad Éireann, and (c) every person who is for the time being registered as an elector in the register of electors for the National University bye-election constituency shall be entitled to vote in that constituency, and (d) every person who is for the time being registered as an elector in the register of electors for the Dublin University bye-election constituency shall be entitled to vote in that constituency. (2) No person shall be entitled to vote at a bye-election in a university bye-election constituency unless he or she is registered as an elector in the register of electors for that constituency. (3) Nothing in this section shall entitle any person to vote at an election in a university bye-election constituency while he or she is prohibited by law from so voting, nor shall anything in this section relieve any person from any penalties to which he or she may be liable for so voting. (4) The National University bye-election constituency and the Dublin University bye-election constituency are in this Part referred to as university bye-election constituencies and the ‘university bye-election constituency’ shall be construed accordingly. Franchise for bye-elections during interim period 36. (1) A person shall be entitled to be registered as an elector in the register of electors for the National University bye-election constituency if, on the date on which the Minister makes a Seanad bye-election order under section 13 in respect of a bye-election directed under that section to be held during the interim period, he or she— (a) is registered in the register of electors under section 9 of the Seanad Electoral (University Members) (Amendment) Act 2024, and (b) has received a degree (other than an honorary degree) in, or been awarded a degree (other than an honorary degree) by, the National University of Ireland. (2) A person shall be entitled to be registered as an elector in the register of electors for the Dublin University bye-election constituency if, on the date on which the Minister makes a Seanad bye-election order under section 13 in respect of a bye-election directed under that section to be held in the interim period, he or she— (a) is registered in the register of electors under section 9 of the Seanad Electoral (University Members) (Amendment) Act 2024, and (b) has received a degree (other than an honorary degree) in, or been awarded a degree (other than an honorary degree) by, the University of Dublin. Application of Act to bye-elections during interim period 37. Where a vacancy referred to in section 13(1) occurs in the membership of Seanad Éireann during the interim period this Act shall apply to the bye election directed, under section 13, to be held to fill such vacancy subject to the following modifications: (a) where the vacancy relates to the National University bye-election constituency, then notwithstanding section 9— (i) the governing body of the National University of Ireland shall cause a register to be prepared of the persons who are for the time being entitled to be registered as electors in the National University bye-election constituency, (ii) the register so prepared shall, on the day of the Seanad bye election order directing the election, become and be the register of electors for the National University bye-election constituency for the purposes of this Act; (b) where the vacancy relates to the Dublin University bye-election constituency, then notwithstanding section 9— (i) the governing body of the University of Dublin shall cause a register to be prepared of the persons who are for the time being entitled to be registered as electors in the Dublin University bye-election constituency, (ii) the register so prepared shall, on the day of the Seanad bye election order directing the election, become and be the register of electors for the Dublin University bye-election constituency for the purposes of this Act; (c) in section 13(1), the words ‘direct a bye-election to be held in such constituency’ shall be read as— ‘direct a bye-election to be held— (a) in the case of a vacancy relating to the National University constituency or the National University bye election constituency, in the National University bye election constituency, and (b) in the case of a vacancy relating to the Dublin University constituency or the Dublin University bye election constituency, in the Dublin University bye election constituency,’; (d) in section 8 (other than subsection (3) and (4)), sections 9 to 11, sections 14 to 17, sections 20 to 28A, and in the First Schedule, the words ‘university constituency’ shall be read as ‘university bye election constituency’; (e) in sections 9, 12, 15(2), 25, 26, 31, the words ‘university constituencies’ shall be read as ‘university bye-election constituencies’; (f) in sections 29, 29A and 32, the words ‘a university constituency’ shall be read as ‘a university constituency or a university bye election constituency’. Data sharing for purpose of bye-elections during interim period 38. The governing body of the National University of Ireland and the governing body of the University of Dublin may each request information from the chief registration officer for the purposes of preparing a register referred to in paragraph (a) or (b) of section 37 and the chief registration officer shall comply with any such request;”. PART 5 Nomination of Candidates and Filling of Casual Vacancies in Higher Education Constituency Amendment of section 3 of Act of 1937 31. Section 3 of the Act of 1937 is amended— (a) by the substitution of the following definition for the definition of the expression “Seanad bye-election”: “the expression ‘Seanad bye-election’ means an election of a member of Seanad Éireann to fill a casual vacancy that cannot be filled in accordance with sections 39 and 40;”, (b) by the insertion of the following definitions: “ ‘assentor’ has the meaning given to it by section 16A; ‘candidate’ means a person duly nominated by a nomination paper in accordance with this Act; ‘casual vacancy’ means the place of a member of Seanad Éireann who was elected by the Higher Education constituency and has vacated his or her seat by death, resignation, or disqualification, or by the taking effect under section 17 (6) of the Criminal Justice (Corruption Offences) Act 2018 of a forfeiture of office order within the meaning of section 29A in respect of him or her; ‘notice of the poll’ has the meaning given to it by section 18C; ‘replacement candidate’ means a person duly listed on a replacement candidates list; ‘replacement candidates list’ has the meaning given to it by section 16E;”. Repeal of section 13 of Act of 1937 32. Section 13 of the Act of 1937 shall stand repealed on the date of the first dissolution of the Dáil after the 21st day of March 2025. Candidates at election in Higher Education constituency 33. The Act of 1937 is amended by the substitution of the following section for section 16: “16. (1) No person shall be a candidate at an election in the Higher Education constituency unless that person has been nominated in the manner provided by this Act and the person’s nomination paper has been received by the returning officer in accordance with section 18. (2) No person who is for the time being disqualified from or incapable of being elected as a member of Dáil Éireann shall be a candidate at an election in the Higher Education constituency. (3) The returning officer shall supply to any person registered as an elector in the register of electors such number of forms of nomination papers, together with replacement candidates lists, as he or she shall reasonably require.”. Supplementary provision in relation to nomination of candidates 34. The Act of 1937 is amended by the insertion of the following sections after section 16: “Nomination of candidates 16A. (1) A person may nominate himself or herself as a candidate at an election in the Higher Education constituency or may, with his or her consent, be nominated by another person (being a person registered as an elector in the Higher Education constituency) as proposer. (2) Each candidate shall be nominated by a separate nomination paper in such form and containing such information as the Minister may prescribe. (3) Each nomination paper shall include the name of the candidate, stating his or her surname first, the address of the candidate and the occupation (if any) of the candidate or a description of the candidate in such manner as in the opinion of the returning officer is sufficient to identify the candidate. (4) Without prejudice to the generality of subsection (2), the Minister may require that a nomination paper contain any of the following: (a) a note of the qualifications, disqualifications and incapacities relevant to nomination as a candidate in an election to, election to and membership of, Seanad Éireann; (b) a description of the provisions of this Act and any other enactment that apply to the nomination of a candidate, and stating— (i) that a candidate may either comply with the assent requirement specified in subsection (5)(a) or make a deposit under subsection (5)(b), (ii) the procedure for assenting under section 16B, and (iii) the procedure for making a deposit under section 16C; (c) a declaration to be signed, where applicable, by the candidate that he or she has read the note referred to in paragraph (a) and believes himself or herself to be eligible for election and that he or she has consented to the nomination; (d) a declaration to be signed, where applicable, by the candidate’s proposer that he or she has read the note referred to in paragraph (a) and believes the candidate to be eligible for election and to have consented to the nomination. (5) Before the expiration of the time appointed by the Minister under section 12(1)(a) for receiving nominations, one or other of the following paragraphs shall be complied with: (a) the candidate’s nomination shall have been assented to by 60 persons (excluding the candidate and any proposer) who are registered as electors in the Higher Education constituency (each of whom in this Act is referred to as an ‘assentor’); (b) the candidate, or someone on his or her behalf, shall have made a deposit in accordance with section 16C. Assents required to nomination 16B. (1) This section applies in respect of the nomination of a candidate under section 16A and assents required by subsection (5)(a) of that section. (2) To assent to the nomination, an assentor shall make a statutory declaration in the prescribed form stating the following: (a) his or her number in the register of electors in force on the date of the making of the statutory declaration; (b) his or her contact details, including telephone numbers (if any); (c) the name and an address of the candidate; (d) the form of identification produced by him or her in accordance with subsection (3), including any number on it that distinguishes it from similar forms held by others; (e) that he or she assents to the nomination of the candidate; (f) that he or she has not assented to the nomination of any other candidate in respect of that election in the Higher Education constituency; (3) When making the statutory declaration referred to in subsection (1), the assentor shall produce to the person taking and receiving the declaration, a prescribed photographic identification and shall, on so doing, be deemed, for the purposes of the Statutory Declarations Act 1938 , to be personally known to the person taking and receiving the declaration; (4) An assent shall have effect as respects, and only as respects, the election in the Higher Education constituency held next after the making of the statutory declaration; (5) The candidate or proposer shall attach the 60 statutory declarations constituting the assents to the nomination paper and the nomination paper delivered to the returning officer in accordance with section 18 shall have the declarations so attached; (6) Where more than the required number of statutory declarations is attached to the nomination paper, the declarations (up to the required number) first attached to the nomination paper shall be taken into account to the exclusion of any others; (7) The returning officer shall arrange for the provision of forms for the purposes of making a statutory declaration referred to in subsection (1) free of charge to any person who requests such a form. Deposit by certain candidates 16C. (1) This section applies to a candidate referred to in section 16A(5)(b). (2) A candidate at an election in the Higher Education constituency, or someone on his or her behalf, may, at or before the expiration of the time appointed by the Minister under section 12(1)(a) for receiving nominations, deposit with the returning officer the sum of €1,800, and if he or she fails to do so, his or her candidature shall be deemed to have been withdrawn. (3) The deposit that may be made by or on behalf of a candidate pursuant to this section may be made by means of legal tender or, with the consent of the returning officer, in any other manner. Return or disposal of deposit 16D. (1) The deposit referred to in section 16C shall be returned by the returning officer where the candidate— (a) withdraws his or her candidature, or whose candidature is deemed to have been withdrawn, (b) dies before the poll is closed, (c) has not, at or before the expiration of the time appointed by the Minister under section 12(1)(a) for receiving nominations, been validly nominated as a candidate, (d) is elected, or (e) is not elected but the greatest number of votes credited to him or her at any stage of the counting of the votes at the election in the Higher Education constituency exceeds one quarter of the quota. (2) Any deposit which is not returned under subsection (1) shall be forfeited. (3) Where a deposit is to be returned under subsection (1) it shall be returned to the person who made it, provided that a deposit made by a person who dies before the deposit is returned shall be returned to the personal representative of that person. (4) A deposit forfeited under this section shall be disposed of by the returning officer in such manner as may be directed by the Minister for Finance. (5) In this section ‘personal representative’ has the meaning assigned to it by section 3 of the Succession Act 1965 . Nomination of replacement candidates 16E. (1) A candidate at an election in the Higher Education constituency may nominate one or more persons, in accordance with this Part and with the consent of the person or persons concerned, to be replacement candidates in the election in the Higher Education constituency. (2) A candidate may nominate replacement candidates at an election in the Higher Education constituency by entering the name of each person to be nominated on a single list (in this Act referred to as a ‘replacement candidates list’). (3) The number of replacement candidates that a candidate nominates in accordance with subsection (1) shall not exceed 6. (4) No person who is for the time being disqualified from or incapable of being elected as a member of Dáil Éireann shall be nominated as a replacement candidate at an election in the Higher Education constituency. (5) A person who is a candidate at an election in the Higher Education constituency shall be eligible for nomination as a replacement candidate at that election. Replacement candidates list 16F. (1) A replacement candidates list shall be in such form and contain such information in relation to the persons nominated as the Minister may prescribe. (2) A replacement candidates list shall— (a) have as a heading the name of the candidate, stating his or her surname first, (b) include the name of any person nominated by entry thereon as a replacement candidate, stating the person’s surname before his or her other name or names, and the address of the person, and (c) be signed by the candidate. (3) Without prejudice to the generality of subsection (1), the Minister may require that a replacement candidates list contain any of the following information: (a) a note of the qualifications, disqualifications and incapacities relevant to nomination as a candidate in an election to, election to and membership of, Seanad Éireann; (b) a declaration, to be signed by the candidate that he or she has read the note referred to in paragraph (a) and believes that— (i) the information in the replacement candidates list is correct in all material respects, and (ii) each person nominated by him or her as a replacement candidate by inclusion on such list is eligible for nomination under this Act as a replacement candidate and has consented to be so nominated. Order of replacement candidates 16G. Where a candidate in an election in the Higher Education constituency nominates more than one replacement candidate, the order in which the replacement candidates are nominated shall be determined by that candidate, and the names of such replacement candidates shall be listed on the relevant replacement candidates list in that order.”. Amendment of section 17 of Act of 1937 35. Section 17(1) of the Act of 1937 is amended, in paragraph (a), by the insertion of “together with replacement candidates lists,” after “forms of nomination papers”. Amendment of section 18 of Act of 1937 36. Section 18 of the Act of 1937 is amended— (a) in subsection (1), by the deletion of “or as seconder”, (b) in subsection (3), by the substitution of “within one hour after its delivery to him or her” for “during or as soon as conveniently may be after the said period but not later than one o’clock in the afternoon on the last day for receiving nominations”, (c) by the insertion of the following subsection after subsection (3): “(3A) The returning officer shall not exclude a nomination because an assentor has assented to the nomination of more than one candidate at the same election in the Higher Education constituency.”, (d) in subsection (4), by the substitution of “four o’clock” for “one o’clock”, (e) in subsection (6), by the substitution of “four o’clock” for “one o’clock”, (f) in subsection (8), by the deletion of “and seconder”. Procedure in relation to replacement candidates list 37. The Act of 1937 is amended by the insertion of the following sections after section 18: “Receipt of replacement candidates list by returning officer 18A. (1) Where a candidate wishes to nominate one or more replacement candidates he or she, or his or her proposer, shall deliver a replacement candidates list to the returning officer with the nomination paper. (2) Where the returning officer receives a replacement candidates list in accordance with subsection (1) the returning officer shall assign to the list one or more letters for the purpose of identifying it and, when such letter or letters is or are so assigned, the replacement candidates list to which it or they relate may (unless it is withdrawn, deemed under this Act to have been withdrawn or ruled invalid by the returning officer) be referred to on any ballot paper, notice or other document by reference to such letter or letters. (3) An assignment by the returning officer under subsection (2) shall not form a ground on which an election in the Higher Education constituency of Seanad Éireann may be questioned. (4) Where the returning officer is of the opinion that a replacement candidates list delivered in accordance with subsection (1) does not comply with section 16F or any regulations made thereunder the returning officer shall rule it invalid. (5) A ruling under subsection (4) shall be final. (6) As soon as may be after the receipt by the returning officer at an election in the Higher Education constituency of a replacement candidates list that he or she does not rule invalid, the returning officer shall— (a) give public notice in such manner as he or she shall think proper of the list and the names and addresses of the replacement candidates nominated by entry thereon and the order in which they appear on the list, (b) give, by post or otherwise, notice in writing of such receipt to the candidate who signed the list and to each replacement candidate nominated by entry thereon. (7) A notice given to a replacement candidate pursuant to subsection (6) shall refer to the relevant replacement candidates list and contain the names of the replacement candidates nominated by entry in the order in which they appear thereon. (8) As soon as may be after the expiry …