asked the President whether, in view of a general election, the Order made by the Executive Council bringing Parts II to V of the Constitution (Amendment No. 17) Act, 1931, into operation will be revoked, to enable all shades of opinion to put their views before the electorate.
Ceisteanna—Questions. Oral Answers. - Constitution (Amendment No. 17) Act, 1931.
Tomás O Maoláin
The answer is in the negative. The Constitution (Amendment No. 17) Act, 1931, does not impose any prohibition or limitation on the free expression of legitimate opinion.
Will the President not consider the putting up of candidates by, for instance, those associations banned under the Act as being a tangible recognition of the existing Constitution, and does he not think that it is desirable that such candidates should be permitted to go up for election?
Will the Deputy please repeat that question?
Does the President think that the fact that one of the organisations which the Constitution (Amendment) Act, 1931, prohibits from operating in public desires to put up candidates for the Dáil election, thereby recognising the existing institutions here, is a matter that is conducive towards, in his view, getting all shades of opinion to recognise this Assembly, and does he not consider the good effect which that free election would have?
Every candidate who conforms to the Constitution and does not stand in the interests of the prohibited associations is entitled to put his views before the electorate, but in respect of associations which are prohibited, I think that under the Act in question they are not entitled to stand for a Saorstát constituency.
I am aware of one association in particular which desires to put up candidates but which, under the existing Act, cannot do so. It is a working class organisation. Does the President mean to infer that that particular section of the working classes of this country will have no right to advance their reasons why their representatives should be in this Assembly?
If they are a law-abiding association no law which has been passed here will prohibit them from putting up candidates, but if they are not a law-abiding association that is another matter.