The Gazette 1967/71

He found that the following provisions of the Electoral Act, 1923 and of the Electoral Act, 1963 were inconsistent with and contrary to Article 16 of the Constitution and were repugnant to it and invalid: So much of Rule 22 of he Rules for the Conduct of Dail Elections contained in Part 1 of the Fifth Schedule to the Electoral Act, 1923, as provides that the number on the register of electors of each elector to whom a ballot paper is delivered shall be marked on the counterfoil of such ballot paper. So much of Rule 41 as provides that the coun terfoil of a ballot paper delivered to an elector is to have his number on the Register of Electors marked on it. Also, so much of the form of counterfoil of a ballot paper set out in Part 2 of the Second Schedule to the Electoral Act, 1963 (numbered from 5A) as provides for the insertion thereof of the voter's number on the Register of Electors. Mr. Justice Pringle said it seemed to him that, having regard to those conclusions, it was not necessary to declare any other provisions of the Statutes to be unconstitutional, but he would hear counsel as to this and as to the form of the order. He fixed next Thursday for the argument. Mr. Hugh J. O'Flaherty (for the Attorney- General) said he would be anxious that the formal order be available as soon as possible. His instructions were that an appeal to the Supreme Court should be brought with the greatest speed. INTERNMENT WITHOUT TRIAL The Council of the Incorporated Law Society on 10th December, 1970 passed the following Resolution: — "That the Council of the Incorporated Law Society of Ireland abhor internment without trial except when grave reasons are disclosed to the nation indicating that the safety of the State is threatened." GOVERNMENT URGED TO USE NORMAL LAW INSTEAD OF INTERNMENT The Irish Association of Civil Liberty, in a statement last night on the possible reintroduction of interment without trial under the Offences Against the State Acts, said that only the gravest threat to the safety of the nation could justify such a course. 142

European Convention of Human Rights not to derogate from its oblightions under the Convention save "in time of war or other public emergency threatening the life of the nation." The Council also stressed that many member States of the Council of Europe had incorporated the Convention into their domestic law, but Ireland had held off from doing so. (Irish Independent, llth December, 1970.) WRITING NUMBER ON BALLOT IS REPUGNANT TO CONSTITUTION In a reserved judgment delivered in the High Court yesterday, Mr. lustice Pringle held that certain provisions of the Electoral Acts were re pugnant to the Constitution. He was giving judgment in an action brought by Niall McMahon, a commercial artist, of Brookfield, Donnybrook, Dublin, against the Attorney-General. Mr. McMahon sought a declaration that some provisions of the Electoral Acts were contrary to the provisions of Article 16 of the Constitution. He claimed that the name of the person or persons for whom an elector had voted or attempted to vote could be ascertained after the election. The Attorney-General, in his defence, denied that the matters complained of were repugnant to the Con stitution. Mr. lustice Pringle said that the particular part of Article 16 to which Mr. McMahon contended that the provisions referred to were repugnant was the part which said "and the voting shall be by secret ballot." The Attorney-General, while conceding that the effect of the provisions referred to was that in certain specified circumstances the manner in which a person had voted could be ascertained, contended that the ballot was a secret ballot within the meaning of those words in the Con stitution and that none of the provisions of the Acts were repugnant. Mr. lustice Pringle found that it was not necessary in order to give effect to all the pro visions of Article 16 that provision should be made enabling the ballot paper of a voter to be iden tified at any time or in any circumstances after he had voted or attempted to vote by putting his ballot paper into the ballot box. The words "secret ballot" in Article 16 of the Constitution meant a ballot in which there was complete and inviolable secrecy.