Electoral (Amendment) Act 2009

{{Short description|Irish law setting constituencies in use at Dáil elections from 2011 to 2016}}

{{Use Hiberno-English|date=October 2021}}

{{Use dmy dates|date=May 2024}}

{{Infobox legislation

| short_title = Electoral (Amendment) Act 2009

| legislature = Oireachtas

| long_title = AN ACT TO REVISE DÁIL AND EUROPEAN PARLIAMENT CONSTITUENCIES, TO PROVIDE FOR THE NUMBER OF MEMBERS TO BE ELECTED FOR SUCH CONSTITUENCIES, TO AMEND THE LAW RELATING TO THE CONSTITUENCY COMMISSION, AND FOR THOSE AND OTHER PURPOSES TO AMEND THE EUROPEAN PARLIAMENT ELECTIONS ACT 1997 AND CERTAIN OTHER ENACTMENTS, TO AMEND AND GIVE STATUTORY EFFECT TO THE LOCAL ELECTIONS REGULATIONS 1995 AND TO PROVIDE FOR RELATED MATTERS

| citation = [https://www.irishstatutebook.ie/eli/2009/act/4/enacted/en/html No. 4 of 2009]

| territorial_extent =

| date_signed = 24 February 2009

| date_commenced = 24 February 2009 & 1 February 2011

| bill =

| bill_citation = [https://www.oireachtas.ie/en/bills/bill/2008/38/ No. 38 of 2008]

| bill_date = 27 June 2008

| introduced_by = Minister for the Environment, Heritage and Local Government (John Gormley)

| summary =

| keywords =

| status =

| amends = Electoral (Amendment) Act 2005

| amended_by = Electoral (Amendment) (Dáil Constituencies) Act 2013

| date_repealed =

}}

The Electoral (Amendment) Act 2009 (No. 4) is a law of Ireland which amended electoral law, including revisions to Dáil constituencies and European Parliament constituencies in light of the 2006 census.{{cite web|title=Electoral (Amendment) Act 2009|url=https://www.irishstatutebook.ie/eli/2009/act/4/enacted/en/html|work=Irish Statute Book database|accessdate=28 September 2010}} The new European Parliament constituencies were used at the election in June 2009. The revision to Dáil constituencies took effect on the dissolution of the 30th Dáil on 1 February 2011 and a general election for the 31st Dáil on the revised constituencies took place on 25 February 2011.

Revision to constituencies

In April 2007, the Minister for the Environment, Heritage and Local Government established an independent Constituency Commission under the terms of the Electoral Act 1997.{{cite Irish legislation|year=2007|number=174|type=si|name=Constituency Commission (Establishment) Order 2007 |access-date=14 December 2021}} Its report proposed several changes to Dáil constituencies. The commission was chaired by Iarfhlaith O'Neill, judge of the High Court, and delivered its report later in 2007.{{cite web|url=https://constituency-commission.ie/cc/docs/con2007.pdf |title=Report on Dáil and European Parliament Constituencies 2007 |publisher=Constituency Commission |date=23 October 2007 |accessdate=14 June 2008 |url-status=live |archiveurl=https://web.archive.org/web/20071119033516/http://www.constituency-commission.ie/docs/con2007.pdf |archivedate=19 November 2007 |df=dmy }}

The Act implemented the recommendations of this report and repealed the Electoral (Amendment) (No. 2) Act 1998, which had defined constituencies since the 2007 general election.{{cite Irish legislation|year=2009|number=4|section=6|stitle=Repeal|name=Electoral (Amendment) Act 2009 |access-date=8 December 2021}} The size of the Dáil remained at 166, arranged in 43 constituencies.

The Dáil constituencies in this Act were repealed by the Electoral (Amendment) (Dáil Constituencies) Act 2013, which created a new schedule of constituencies first used at the 2016 general election for the 32nd Dáil held on 26 February 2016.{{cite Irish legislation|year=2013|number=7|section=5|stitle=Repeal|name=Electoral (Amendment) (Dáil Constituencies) Act 2013 |access-date=16 December 2021}}

Electoral law amendments

The Act amended the provisions of the Electoral Act 1997 on the establishment of the Constituency Commission to provide that it would be established on the release of preliminary results of the census.{{cite Irish legislation|year=2009|number=4|section=9|stitle=Substitution of Part II of Electoral Act 1997|name=Electoral (Amendment) Act 2009 |date=24 February 2009|access-date=16 December 2021}} This was in response to finding of the High Court in Murphy v. Minister for Environment (2007).{{cite BAILII|litigants=Murphy v. Minister For Environment|court=IEHC|division=|year=2007|num=H185|para=|format=2|parallelcite=[2008] 3 I.R. 438|date=7 June 2007|courtname=auto}} It also amended the European Parliament Elections Act 1997 and the Local Elections Regulations to amend the provisions for the nomination of Independent candidates. This was in response to the finding of the Supreme Court in Cooney v. Minister for the Environment (2006).{{cite BAILII|litigants=Cooney v. Minister for the Environment|court=IESC|year=2006|num=S61|para=|format=2|parallelcite=[2007] 1 I.R. 296|date=13 November 2006|courtname=auto}}{{cite web |title=Electoral (Amendment) Bill 2008: Second Stage – Dáil Éireann (30th Dáil)|url=https://www.oireachtas.ie/en/debates/debate/dail/2008-09-24/18/ |website=Houses of the Oireachtas |access-date=16 December 2021 |date=24 September 2008}}

Constituencies for the 31st Dáil

''Explanation of columns

  • Constituency: The name of the constituency.
  • Created: The year of the election when a constituency of the same name was last created.
  • Seats: The number of TDs elected from the constituency under the Act.
  • Change: Change in the number of seats since the last distribution of seats (which took effect in 2007).

class="wikitable"

!Constituency{{cite Irish legislation|year=2009|number=4|schedule=y|name=Electoral (Amendment) Act 2009 |date=24 February 2009|access-date=16 December 2021}}

!Created

!Seats

!Change

Carlow–Kilkenny

|1948

|5

|none

Cavan–Monaghan

|1977

|5

|none

Clare

|1921

|4

|none

Cork East

|1981

|4

|none

Cork North-Central

|1981

|4

|none

Cork North-West

|1981

|3

|none

Cork South-Central

|1981

|5

|none

Cork South-West

|1961

|3

|none

Donegal North-East

|1981

|3

|none

Donegal South-West

|1981

|3

|none

Dublin Central

|1981

|4

|none

Dublin Mid-West

|2002

|4

|none

Dublin North

|1981

|4

|none

Dublin North-Central

|1948

|3

|none

Dublin North-East

|1981

|3

|none

Dublin North-West

|1981

|3

|none

Dublin South

|1981

|5

|none

Dublin South-Central

|1948

|5

|none

Dublin South-East

|1948

|4

|none

Dublin South-West

|1981

|4

|none

Dublin West

|1981

|4

| +1

Dún Laoghaire

|1977

|4

| −1

Galway East

|1977

|4

|none

Galway West

|1937

|5

|none

Kerry North–West Limerick

|2011

|3

|plus 3

Kerry South

|1937

|3

|none

Kildare North

|1997

|4

|none

Kildare South

|1997

|3

|none

Laois–Offaly

|2007

|5

|none

Limerick

|2011

|3

|plus 3

Limerick City

|2011

|4

|plus 4

Longford–Westmeath

|2007

|4

|none

Louth

|1923

|5

| +1

Mayo

|1997

|5

|none

Meath East

|2007

|3

|none

Meath West

|2007

|3

|none

Roscommon–South Leitrim

|2007

|3

|none

Sligo–North Leitrim

|2007

|3

|none

Tipperary North

|1948

|3

|none

Tipperary South

|1948

|3

|none

Waterford

|1923

|4

|none

Wexford

|1921

|5

|none

Wicklow

|1923

|5

|none

=Summary of changes=

This table summarises changes in representation. It does not address revisions to the boundaries of constituencies.

class="wikitable"

!Constituency

!Created

!Seats

!Change

Dublin West

|1981

|align="center"|4

| +1 seat

|Dún Laoghaire

|1977

|align="center"|4

| −1 seat

Kerry North

|1937

|align="center"|3

|abolished

Kerry North–West Limerick

|2011

|align="center"|3

|new constituency

Limerick

|2011

|align="center"|3

|new constituency

Limerick City

|2011

|align="center"|4

|new constituency

Limerick East

|1948

|align="center"|5

|abolished

Limerick West

|1948

|align="center"|3

|abolished

Louth

|1923

|align="center"|5

| +1 seat

There were further boundary changes to 18 constituencies: Cork East, Cork North-Central, Cork North-West, Donegal North-East, Donegal South-West, Dublin North, Dublin North-Central, Dublin North-East, Dublin South, Kerry South, Kildare North, Kildare South, Laois–Offaly, Meath East, Meath West, Roscommon–South Leitrim, Sligo–North Leitrim and Tipperary North.

European Parliament constituencies

The constituencies below replaced the constituencies which were in operation at the 2004 European Parliament election, with a reduction in the total number of seats from 13 to 12 in light of the increased size of the European Parliament on the accession of Bulgaria and Romania to the European Union in 2007.

They were in turn replaced by the European Parliament Elections (Amendment) Act 2014, with a reduced number of seats to 11 for the 2014 European Parliament election, following the accession of Croatia in 2013.{{cite Irish legislation|year=2014|number=2|section=3|stitle=Substitution of Third Schedule to Principal Act |name=European Parliament Elections (Amendment) Act 2014 |date=5 February 2014|access-date=16 December 2021}}

class="wikitable"

!Constituency{{cite Irish legislation|year=2009|number=4|section=8|stitle=Substitution of Third Schedule to European Parliament Elections Act 1997|name=Electoral (Amendment) Act 2009 |date=24 February 2009|access-date=16 December 2021}}

!Seats

!Change

!Area

Dublin

|3

| −1

|The counties of Dún Laoghaire–Rathdown, Fingal and South Dublin; and the city of Dublin.

East

|3

|none

|The counties of Carlow, Kildare, Kilkenny, Laois, Louth, Meath, Offaly, Wexford and Wicklow.

North-West

|3

|none

|The counties of: Cavan, Clare, Donegal, Galway, Leitrim, Longford, Mayo, Monaghan, Roscommon, Sligo and Westmeath; and the city of Galway.

South

|3

|none

|The counties of: County Cork, Kerry, Limerick, North Tipperary, South Tipperary and Waterford; and the cities of Cork, Limerick and Waterford.

References