Electoral Act, 1923

PART VII.

Membership of Seanad Eireann.

Disqualification for membership of the Seanad.

57.—(1) Every citizen of Saorstát Eireann without distinction of sex who is of the age of 35 years or upwards and is not subject to any of the disqualifications mentioned in this section shall be eligible to be elected and (subject to taking the oath prescribed by the Constitution of Saorstát Eireann) to sit as a member of the Seanad.

(2) Each of the following persons shall be disqualified from being elected or sitting as a member of the Seanad, that is to say:—

(a) a person who is undergoing a sentence of imprisonment with hard labour for any period exceeding six months, or of penal servitude for any term imposed by a court of competent jurisdiction in Saorstát Eireann;

(b) an imbecile and any person of unsound mind;

(c) an undischarged bankrupt under an adjudication by a court of competent jurisdiction in Saorstát Eireann;

(d) a person who is by the law for the time being in force in Saorstát Eireann in relation to corrupt practices and other offences at elections incapacitated from being a member of the Seanad by reason of his having been found guilty by a court of competent jurisdiction in Saorstát Eireann of some such practice or offence:

Provided always that the disqualification effected by this Sub-Section on account of a sentence of imprisonment or penal servitude shall not, in the case of a person who is a member of the Seanad at the date of such disqualification take effect until the expiration of thirty days from the date of the sentence, or in the event of an appeal, from the date of the order confirming such sentence.

(3) A person shall be incapable of being elected or sitting as a member of Seanad Eireann who is

(a) member of the defence force of Saorstát Eireann on full pay;

(b) a member of any police force in Saorstát Eireann on full pay;

(c) a person either temporarily or permanently in the Civil Service of Saorstát Eireann unless he is by the terms of his employment expressly permitted to be a member of Seanad Eireann.

(4) If any person who has been duly elected a member of the Seanad should while he is so a member become subject to any of the disqualifications mentioned in this section he shall thereupon cease to be a member of the Seanad.