We are opposed to this Bill. We object to having the Seanad included with the Dáil in filling casual vacancies. I think I heard or saw somewhere that the President indicated this as one of the cases——
Money Resolution—Industrial and Commercial Property (Protection) (Amendment) Bill, 1929. - Constitution (Amendment No. 11) Bill, 1928—Report.
Motion made and question proposed: "That the Bill be received for final consideration."
Where the Deputy changed his mind.
There is no change of mind in connection with this. In this particular case I did not exercise the privilege of changing my mind, as there was no need to change it. Our position was that the Seanad should be elected by the Dáil alone, and the original body, of course, in our mind was the Dáil. We propose to act quite consistently with that view by objecting to the inclusion of Senators in the case of casual vacancies. It is quite consistent with our attitude right through.
I should like to say with regard to this that Deputy de Valera and his Party are now, after all this time, finding out the danger of walking into the trap laid for them by the representatives of the opposite Party. When they joined with Cumann na nGaedheal in saying that election by the people was undesirable they sowed the wind and they are now reaping the whirlwind. They should have been sure that they would get what they were looking for before they agreed to have what Cumann na nGaedheal offered them. They should not have taken the first step before they saw where they were going to land with the second one. I agree that the Bill is one which ought to be opposed. I think the next best thing is election by the Dáil alone and for that reason I am opposing it.
As far as I have been able to read the report, I have not seen that any suggestion was made by any member of the Fianna Fáil Party at this Joint Committee that casual vacancies should be filled by the vote of the Dáil alone. This carries out exactly what was decided by the Joint Committee. I do not agree with Deputy O'Connell when he talks of walking into the trap laid by the Cumann na nGaedheal Party. There has been too much talk about parties in connection with all these Bills. It looks as if the Deputies opposite and Deputy O'Connell had nothing but party in their minds from morning until night. That is not the atmosphere in which one should consider this question. I would be sorry if in considering a question affecting the Constitution of the State generally one had that sort of thing in mind. It so happens that the alterations which have been made were at the cost of the party I represent—very much at their cost. We would have swept the Seanad election if it had been held, and Deputy O'Connell knows it.
Mr. O'Connell
You got a chance before and did not do it—not one of your nominees was elected.
Might I ask the President if he is prepared to stand over a Constitutional amendment—leaving party out of it—the principle of which was accepted upon Second Reading by a Party majority of one? Is that his idea of a Constitution?
Certainly; the alternative to that is rule by a minority.
Now we know.
We have been teaching it a long time.
Question put.
The Dáil divided: Tá, 64; Níl, 46.
Tá
- Alton, Ernest Henry.
- Beckett, James Walter.
- Bennett, George Cecil.
- Blythe, Ernest.
- Bourke, Séamus A.
- Brennan, Michael.
- Brodrick, Seán.
- Byrne, John Joseph.
- Carey, Edmund.
- Cole, John James.
- Collins-O'Driscoll, Mrs. Margt.
- Conlon, Martin.
- Connolly, Michael P.
- Cooper, Bryan Ricco.
- Cosgrave, William T.
- Daly, John.
- Davis, Michael.
- De Loughrey, Peter.
- Dolan, James N.
- Doyle, Peadar Seán.
- Duggan, Edmund John.
- Dwyer, James.
- Egan, Barry M.
- Esmonde, Osmond Thos. Grattan.
- Fitzgerald, Desmond.
- Fitzgerald-Kenney, James.
- Good, John.
- Haslett, Alexander.
- Hassett, John J.
- Heffernan, Michael R.
- Hennessy, Michael Joseph.
- Hennessy, Thomas.
- Hennigan, John.
- Henry, Mark.
- Hogan, Patrick (Galway).
- Holohan, Richard.
- Jordan, Michael.
- Kelly, Patrick Michael.
- Law, Hugh Alexander.
- Leonard, Patrick.
- Lynch, Finian.
- Mathews, Arthur Patrick.
- McDonogh, Martin.
- McFadden, Michael Og.
- McGilligan, Patrick.
- Mongan, Joseph W.
- Mulcahy, Richard.
- Murphy, James E.
- Myles, James Sproule.
- Nally, Martin Michael.
- O'Connell, Richard.
- O'Connor, Bartholomew.
- O'Leary, Daniel.
- O'Mahony, Dermot Gun.
- O'Reilly, John J.
- O'Sullivan, John Marcus.
- Rice, Vincent.
- Roddy, Martin.
- Shaw, Patrick W.
- Sheehy, Timothy (West Cork).
- Thrift, William Edward.
- Tierney, Michael.
- Wolfe, George.
- Wolfe, Jasper Travers.
Níl
- Anthony, Richard.
- Blaney, Neal.
- Boland, Gerald.
- Boland, Patrick.
- Brady, Seán.
- Briscoe, Robert.
- Broderick, Henry.
- Buckley, Daniel.
- Carty, Frank.
- Cassidy, Archie J.
- Clancy, Patrick.
- Clery, Michael.
- Colbert, James.
- Colohan, Hugh.
- Cooney, Eamon.
- Crowley, Fred. Hugh.
- Crowley, Tadhg.
- De Valera, Eamon.
- Fahy, Frank.
- Flinn, Hugo.
- Fogarty, Andrew.
- Gorry, Patrick J.
- Goulding, John.
- Hayes, Seán.
- Jordan, Stephen.
- Kerlin, Frank.
- Killane, James Joseph.
- Killilea, Mark.
- Kilroy, Michael.
- Lemass, Seán F.
- Maguire, Ben.
- McEllistrim, Thomas.
- Moore, Séamus.
- Mullins, Thomas.
- O'Connell, Thomas J.
- O'Dowd, Patrick Joseph.
- O'Hanlon, John F.
- O'Kelly, Seán T.
- Powell, Thomas P.
- Ruttledge, Patrick J.
- Ryan, James.
- Sexton, Martin.
- Smith, Patrick.
- Tubridy, John.
- Walsh, Richard.
- Ward, Francis C.
Tellers: —Tá: Deputies Duggan and Peadar Doyle; Níl: Deputies G. Boland and Cassidy.
Question declared carried.
Fifth Stage ordered for Wednesday, 20th March.
- Money Resolution—Industrial and Commercial Property (Protection) (Amendment) Bill, 1929. - Constitution (Amendment No. 16) Bill, 1928—Second Stage.
- Back to table of contents
- Money Resolution—Industrial and Commercial Property (Protection) (Amendment) Bill, 1929. - Constitution (Amendment No. 12) Bill, 1928—Committee.