§ Mr. AUGUSTINE ROCHEasked the Chief Secretary whether, with reference to the election of county councillors for Drogheda, he will say if the deputy returning officer has power to make a return; if he is aware that the returning officer has refused to make a return owing to irregularities on the part of the deputy returning officer in carrying out the election, and to the latter's refusal to recognise two withdrawals properly sent in; whether he will state upon what authority the deputy returning officer is to carry out all the duties in relation to the election without control or supervision by the returning officer; if so, what are the latter's duties or why is he appointed; if he is aware that the Local Government Board have jurisdiction, under Section 7 of Part II. of the application of enactments schedule to P. C. Order, 22nd December, 1898, to order a new election in case of a difficulty arising as to the election of county councillors; if he can state for what reason the Local Government Board for Ireland have refused to act under this jurisdiction in this instance; if he is aware that there are five county councillors now sitting who have not been legally elected, and who have not been returned at all; if he will order the Local Government Board to appoint an early date for a new election, in accordance with the jurisdiction conferred upon them by the afore-mentioned order; and if he is aware that the ultimate act of the deputy returning officer is to forward a declaration of the poll to the returning officer upon whom alone devolves the power of making a return?
§ Mr. BIRRELLUnder the General Order of the Local Government Board of 18th January, 1902, the returning officer in the case of an urban district must appoint the town clerk as his deputy, and under the election order made by the Board on 16th February, 1899, the deputy so appointed has all the powers, duties, and liabilities of the returning officer. With regard to the powers of the Board to order a new election, they have taken legal advice in the matter, and are of opinion that the return of the deputy returning officer of the county councillors 687 elected on 2nd June last for the Drogheda urban district was legal, and that therefore the Board have no power to order a new election or to intervene in the matter. Under the rule above referred to the deputy returning officer is required to make the declaration of the result of the election and the returning officer is required to publish the result of the elections declared by the deputy returning officer. If there is any question as to the validity of the election it can only be determined by an election petition.