I move for leave to bring in this Bill. It is a Bill that is necessary now in view of the setting up of the Saorstát. Certain terms, certain funds, and certain other matters require to be regularised and to be legalised owing to the change that has taken place. I suppose it is not necessary to say anything on that, but simply to ask for permission to bring in the Bill.
DÁIL RESUMED. - ADAPTATION OF BRITISH ENACTMENTS BILL.
I think so.
I formally second.
Motion made and question put:—
"That the Adaptation of British Enactments Bill be read a first time."
Agreed.
Now might I move the suspension of Standing Order 66, so that we would get through with the Second Reading of this Bill. Standing Order 66 reads:—"When a Bill shall have passed its first stage and have been circulated, notice of motion shall be given for its Second Reading, the debate on which shall be confined to the general principle of the Bill."
I take it the motion is to suspend that Standing Order in order that the Bill, which is in the hands of the members, may be taken for a Second Reading now.
Yes.
Before we have read it?
If leave to introduce a Bill be granted such Bill shall be printed and circulated. I have anticipated that, and I have the Bill printed and in your hands, which is equal to the second stage. In order to explain the matter I am asking for the suspension of the Standing Order.
I suggest, with great respect to you and to the President, that the first stage is leave to introduce, and that the second stage is a debate on the general principle.
Is the suspension of the Standing Order seconded?
I second it.
Before passing it I think I would like to have it made clear that the purpose of the proposal is that the Minister should introduce the Bill and explain the intentions, and not proceed with the discussion until we have had an opportunity to read it.
Would we not go into Committee subsequently and have an opportunity for discussing it? It really amounts to not having a discussion on the Second Reading.
As a mere matter of procedure, is not what the President desires to do now to explain the general nature of the Bill, a matter that lies within the four corners of the First Reading? That does not preclude our going on to the Second Reading at some future time.
If we are expected to pass the second stage before we have had an opportunity to read the Bill I think that is unfair to the Dáil. I think it would be very desirable, having passed the first stage, that the Minister in charge should explain the Bill and then adjourn the discussion until a later date, so that we could read it.
The explanation is part of the first stage, and that is an important point.
I think what the President desires to do is to pass the first and second stage to-day and to take up the details in Committee to-morrow.
That is right.
In that case I am bound to protest.
What is the urgency precisely?
I will explain that when I come to the terms of the measure. The urgency of it is this: Take the resolutions that we are after passing. That resolution refers to a Central Fund. There is no such thing as a Central Fund at present. There is no such thing in existence. This Bill is simply to define what is a Central Fund, what is meant by the Houses of Parliament, what is meant by the National Debt Commissioners, and so on like that. And it is really necessary that these things should be done at once. You are not committed to anything. It is simply a question of regularising the proceedings and a question of speed. That is the whole substance of it.
I think this is a matter of some importance. We have had this Bill with no opportunity to read it, and I suggest that we should take the first stage to-day, and that on this stage we should follow the principle adopted in every other Assembly, namely, that the proposer of the Bill should explain the object of it, and we could take the second and third stages to-morrow—the third stage being the Committee Stage.
The first stage is already passed, for which I am not under any obligation to the Deputy, and now I want the second stage, for which I will thank the Deputy if he assists me.
The same result will be achieved by taking the second and third stage to-morrow.
No, because Deputies can take away the Bill now and read it between this and to-morrow.
I think it is obvious that we should have an explanation of this Bill from the President. I think this Bill is of very special nature, and one which I think there will be general desire to discuss.
The matter for discussion is wholly a matter of detail, and it is very largely a matter of names. I will take it that the motion to suspend the Standing Orders and take the Second Reading is agreed.
Question put and agreed to.
The main object of this Bill is to provide the Government with the machinery legally necessary for enabling current administration to be carried on without breach of continuity by reason of the coming into operation of the Constitution of Saorstát Eireann. The position with which the Bill is intended to deal can probably be most clearly explained by means of a simple illustration. The complex machinery of government in this country has heretofore been regulated by Acts of the British Parliament. Our Constitution provides in Article 73 that these Acts should continue to operate until repealed or amended by enactment of the Oireachtas. Now, when we come in practice to apply this provision of the Constitution we find that the existing British law, which we are adapting for the time being, provides, for example, that money may be issued out of the Consolidated Fund or that something shall be done by the National Debt Commissioners. The Consolidated Fund and the National Debt Commissioners thus referred to are British institutions which do not exist in Saorstát Eireann, and it is consequently necessary that legal provision should be made by which we are authorised to substitute for such references in British laws references to the proper corresponding person or body or thing in Saorstát Eireann. The British Consolidated Fund will in this way be replaced by the Central Fund, to which reference is made in Clause 1 of the Bill. Similarly, the other clauses of the Bill, especially 2, 5, 8, 9 and 11, make provision for replacing various British officers, boards, funds, etc., by corresponding authorities or funds of our own. It will be understood that this procedure is not to be taken as committing us in any way to a decision as to whether it is advisable in some or all of these matters to adhere as a permanent arrangement to the methods adopted by the British Government. It will, no doubt, be necessary to consider when there is more leisure what will be the most appropriate measure in future for our own purposes, but at the moment we are taking over a great and complex administrative organisation, and its activities cannot be allowed to break down while we take time to think about improvements. This Bill is, above everything else, an emergency measure, and it is intended primarily to solve difficulties which must be solved urgently if the current work of government is to be carried on. We must have operative machinery to issue moneys out of the Central Fund for such purposes as may be approved by the Dáil. We must give the Comptroller and Auditor-General, who is to be appointed by the Dáil, the functions at present provided by British law for an officer of this character. If a Bill of this character were not introduced we should have no means of operating upon the Exchequer for the purpose of drawing money to pay wages and salaries from day to day, for paying old age pensions, or, indeed, for paying any of the charges incidental to the work of the Government. Since the 6th December no money has been drawn from the Exchequer, and it will not be legally possible to draw it until this Bill and the Appropriation Bill, which will presently be laid before the Dáil have been passed. This measure is, therefore, of real and special urgency, and for that reason is being chosen as the first measure to be submitted to the Oireachtas of Saorstát Eireann. Before the Speaker ruled against my speaking on the question of the necessity for a Liaison Officer I intended to say that necessity had already arisen. I understand the Seanad adjourned until next Tuesday. This Dáil wanted the Seanad to continue for some days this week, if at all possible. There fore, as the Ceann Comhairle usually discharges his office with remarkable ability, it is not right that I should charge him with having ruled me out about that. But these are the facts. I only discovered when I went to see about other matters that it had adjourned ten minutes or so ago. Now, that Bill and this Appropriation Bill are absolutely necessary. This is more or less a matter of regularising things. It is not legislation in the ordinary acceptation of the term. It will not arise very much oftener unless we have forgotten some things in this Bill, and that is the reason for the urgency, and I think it will be appreciated that our action is reasonable.
I beg to second that. Motion that "The Adaptation of British Enactments Bill" be read a second time, put and agreed to.
I take it that a third stage is to be taken by the Dáil in Committee to-morrow.
When must amendments be in?
Before 2 o'clock to-morrow, or before 1 o'clock would be more convenient. There are Standing Orders which allow them to be taken by special leave. It will be very desirable that we have them as early as possible, so that they could be circulated.