Article 45 reads:— "The Parliament/Oireachtas has the exclusive right to regulate the raising and maintaining of such armed forces as are mentioned in the Scheduled Treaty in the territory of the Irish Free State/Saorstát, and every such force shall be subject to the control of the Parliament/Oireachtas." The merits of that Article are so obvious and are being driven home daily to such an extent that it is unnecessary to comment on them.
DEBATES ON ADJOURNMENT. - ARTICLE 45.
Mr. O'HIGGINS:
Mr. WM. DAVIN:
I am rather surprised that Deputy Figgis did not move some amendment to Article 45. I would like an assurance, before this Article is passed, from the Ministry. The Article says that "the Parliament has the exclusive right to regulate the raising and maintaining of such armed forces as are mentioned in the Scheduled Treaty in the territory of the Irish Free State/ Saorstát, and every such force shall be subject to the control of the Parliament/ Oireachtas." I deliberately refrained from putting any amendment up to that, but I should like an assurance from the President that when this Constitution is passed, suitable legislation will be set up to provide that no officer can retain his seat in this Dáil, and his Commission in the Army at the same time.
I think that is a matter of which you should give me notice. They are in the Dáil at present just as you and I are. It is a matter for Parliament to decide whether they will remain in it. They are anxious to get out themselves. You may notice that a great many of them are not here. They were only here the first day. I am not going to give any guarantees as I have not considered it yet.
Mr. DAVIN:
I raise the point as the position is anomalous, and I hope the Ministry will not overlook the fact.
Motion made and question put: "That Article 45 stand part of the Bill."
Agreed.
AN CEANN COMHAIRLE:
The Dáil Committee has reached and passed 45 Clauses of the Bill. That report is made to the Dáil from the Committee. We can now take on the adjournment in accordance with the Standing Order, a matter of which notice has been given.
[Dail resumed.]