No. 5/1930:

CONSTITUTION (AMENDMENT No. 12) ACT, 1930

ARRANGEMENT OF SECTIONS

1 Amendment of Article 35 of the Constitution.

2 Short title.

AN ACT TO AMEND THE CONSTITUTION BY DELETING THE PROVISIONS NOW CONTAINED THEREIN AS TO THE REFERENCE TO A COMMITTEE OF PRIVILEGES OF THE QUESTION WHETHER CERTAIN BILLS ARE OR ARE NOT MONEY BILLS AND BY MAKING IN LIEU THEREOF OTHER PROVISION FOR THE REFERENCE OF SUCH QUESTION TO A COMMITTEE OF PRIVILEGES.

[24th March, 1930.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1.—Article 35 of the Constitution shall be and is hereby amended by the deletion of the third paragraph now contained therein, that is to say, the paragraph beginning with the words "The Chairman of Dáil Eireann" and ending with the words "final and conclusive" and the insertion in lieu of the paragraph so deleted of the following paragraphs, that is to say:—

"The Chairman of Dáil Eireann shall certify any Bill which in his opinion is a Money Bill to be a Money Bill and such certificate shall be final and conclusive unless the question whether the Bill is or is not a Money Bill is referred to a Committee of Privileges under the subsequent provisions of this Article.

If before whichever of the following events shall first occur, that is to say, the expiration Of seven days from the day on which a Bill certified by the Chairman of Dáil Eireann to be a Money Bill is sent by Dáil Eireann to Seanad Eireann for its recommendations under Article 38 of this Constitution or the return of such Bill by Seanad to Dáil Eireann under the said Article 38—

( a ) two-fifths of the members of either House by notice in writing addressed to the Chairman of the House of which they are members so require, or

( b ) a majority of the members of Seanad Eireann present and voting at a sitting of Seanad Eireann at which not less than thirty members are present so resolve,

the question whether the Bill is or is not a Money Bill shall forthwith be referred to a Committee of Privileges consisting of such number (not exceeding three) of members (if any) as shall be elected by Dáil Eireann within seven days after such reference, such number (not exceeding three) of members (if any) as shall be elected by Seanad Eireann within such seven days, and a Chairman who shall be the senior Judge of the Supreme Court able and willing to act and who in the case of an equality of votes, but not otherwise, shall be entitled to vote.

Every such Committee of Privileges shall decide the question so referred to it and report its decision thereon to Dáil Eireann and Seanad Eireann within twenty-one days after the day on which the Bill the subject of such question was sent to Seanad Eireann and, upon such Committee so deciding and reporting, the decision of such Committee shall be final and conclusive, but, if such Committee fails so to decide and report within such twenty-one days, the certificate of the Chairman of Dáil Eireann that such Bill is a Money Bill shall at the expiration of the said twenty-one days become and be final and conclusive.

A Committee of Privileges constituted under this Article may act notwithstanding one or more vacancies amongst its members other than the Chairman. In the event of the Chairman of any such Committee dying or becoming incapable of acting as such Chairman, the senior of the other Judges of the Supreme Court able and willing to act shall forthwith become and be the Chairman of such Committee in the place of the Chairman so dying or becoming incapable. The Chairman and one-half of the other members of any such Committee shall constitute a quorum."

2.—This Act may be cited as the Constitution (Amendment No. 12) Act, 1930 .