Electoral (Amendment) Act 2004

Provisions in relation to members.

20

20. —(1) Where, before the reports of the Commission referred to in section 21 have been presented to the Chairman of the Dáil under section 22, the person appointed to be chairperson of the Commission—

(a) through ill-health or other reasonable cause becomes unable to act as such chairperson, the President of the High Court shall assign another judge of the High Court to be a member and the chairperson of the Commission,

(b) ceases to hold office as a judge of the High Court, the person shall continue as such chairperson until the reports of the Commission have been presented unless the President of the High Court assigns another judge to be a member and the chairperson of the Commission,

and the person so assigned shall be a member and the chairperson of the Commission accordingly.

(2) Where the holder of an office referred to in paragraph (b) or (c) of section 19 or a person referred to in paragraph (d) of that section, through ill-health or other reasonable cause, is unable to act as a member of the Commission, or any such office is vacant, the Government may appoint, in the case of—

(a) the Clerk of the Dáil, the Clerk-Assistant of the Dáil,

(b) the Clerk of the Seanad, the Clerk-Assistant of the Seanad,

(c) the person referred to in paragraph (d) of that section, another such person,

to be a member of the Commission and the person so appointed shall remain a member of the Commission until the reports of the Commission are presented to the Chairman of the Dáil under section 22 .

(3) Where, before the reports of the Commission have been presented to the Chairman of the Dáil under section 22 , a person who is a member of the Commission ceases to hold an office referred to in paragraph (b) or (c) of section 19, that person shall continue as a member of the Commission until the reports of the Commission have been presented unless the Government by order directs that the person's successor in office or the appropriate person referred to in paragraph (a) or (b) of subsection (2) shall be a member of the Commission.

(4) Subject to subsections (1), (2) and (3), the Commission may act notwithstanding vacancies in its membership.