Skip to main content
Normal View

Dáil Éireann debate -
Thursday, 11 Apr 1935

Vol. 55 No. 17

In Committee on Finance. - Constitution (Amendment No. 19) Bill, 1933—Motion.

I move:

It is hereby resolved, under Article 38A of the Constitution, that the Constitution (Amendment No. 19) Bill, 1933, be again sent to Seanad Eireann.

Deputies are aware that the Constitution (Amendment No. 19) Bill, 1933, is that which shortens the stated period during which a Bill may be held up by the Seanad from 18 months to three months. When this Bill becomes law the Dáil can after three months send back to the Seanad any Bill rejected by that House. If the Seanad still refuses to pass a Bill sent back in that way, the Bill will nevertheless be deemed to have passed both Houses if, after a further 60 days, the Dáil passes a resolution to that effect. I do not think it is necessary to give any further explanation of the matter. The 18-months period had elapsed by December—I think, on 28th December last—so that we could at any time within the year introduce a resolution of this sort. We are introducing it now.

Before the President sits down——

The President will have an opportunity, as he usually has, of making the speech at the end of his performance that he should have made at the beginning. For the head of the Government to introduce a Bill dealing with the Seanad and to limit himself to what I might call the mere arithmetic of the matter is rather naive. I might suggest to the President—he may have forgotten—that there is another Bill dealing with the Seanad in, so to speak, a state of suspension. I thought this might be the opportunity which the President might have availed of to tell us exactly what his intentions with regard to a Second Chamber are and whether he has yet excogitated that ideal Second Chamber which he hankers after. He has not even indicated what advantage the passing of this Bill will be to him in respect of any legislation which he thinks there is any likelihood the Seanad might hold up. It is practically 12 months now since this House passed that other Bill dealing with the Seanad. We must take it for granted that, as the President never learns anything, his mind is still the same and that because he introduced a Bill of this particular kind almost a couple of years ago now, he must, therefore, introduce it again.

As he indicated at the end of his statement, he might have brought in this resolution at any time since last December. He brings it in now, so far as I can see, merely because he brought it in before and for no other reason. He has another Bill, much more drastic, awaiting consideration and yet he deliberately goes on with this. For what purpose? What time can he gain with respect to any Bill the Seanad might hold up? At the very best, a matter of a couple of months. If he waited from December until now, why not wait that couple of months longer that would make this Bill completely unnecessary, unless he has, strange as it may seem, changed his mind? Surely, he cannot have done so? He has not explained precisely, if this resolution is passed now, and supposing the Seanad, when the Bill goes to them, hold it up for two months, as they still can do, in what better position he will be and whether it is worth doing this, assuming, as I said, he intends to put the other Bill on the Statute Book.

I suggest that some of the arguments that appealed to him when he was first introducing this Bill need not appeal to him any longer. I think he said then that the Seanad were "friends of ours." I think that was the phrase he used. If I were to take that argument or pay any attention to that particular type of argument, I candidly confess that I would see no reason for opposing this Bill, assuming that the Government was likely to remain in power for a few months longer. They may easily get a majority in that particular body, but it is not from that particular Party point of view that I am really interested in the Bill. If I were looking at this from the purely Party point of view, I might take up the line the President took when first introducing the Bill, when he more or less hinted that it was one of the motives that were actuating him, so far as this Bill was concerned. Looking at it from the rather broader point of view than any mere Party point of view, I think it is advantageous to have a body like the present Seanad which really has not unduly exercised the powers vested in it by the Constitution and which, on the whole, has acted with great moderation. I do not think anybody, looking at the matter without Party bias, can say that they have acted in anything but a moderate fashion, and, that being so, I think that, in the general interests of what I might call a more reasonable Constitution, apart altogether from Party issues, he should not be anxious to curtail the powers that the Seanad now possesses.

The period of 18 months for which they can hold up Bills, extended, of course, to 20 months by the extra two months, has not been abused and in the course of time, if there are vacancies in the Seanad, with their majority in this House and practical equality in the other House, it is possible that the Government may get a majority there. Yet, I think the Seanad ought to have this power. The Government, as we know and as the country knows, has on more than one occasion since it came into office, been guilty of extremely hasty action, so far as the rushing of legislation through this House is concerned—action of which, I am sure, if they had not committed themselves, they would now be quite ready to take a different view. If we had a normal Government in existence, I think the Seanad would have rendered services to the nation in giving the Government an opportunity of calmer consideration. Where a Bill is held up for such a long time, it can be looked upon in a different atmosphere and examined, even by the Government itself, in a different atmosphere from the atmosphere of jumpiness and hastiness in which they first introduced the measure.

Even in regard to one of the principal criticisms which, I think, the President had against this power of the Seanad, namely, the Oath Bill, I think the Seanad, by holding up that Bill, conferred what the Government, if they looked at the thing calmly, would acknowledge as a benefit on the country. They at least prevented this —delay is useful in all international relations, I do not care whether between this country and England or between big continental countries—they prevented a fait accompli between two Governments before either had an opportunity of considering the full consequences, with the result that although subsequent actions may be far from satisfactory, they at least never got to the breaking point they might have reached had the Oath Bill been passed by the Seanad immediately it was sent up by this House. I think that it will be agreed that a period of delay is desirable in national as well as international affairs, where highly contentious matters involving two countries or highly contentious matters involving great issues in one country are concerned. Measures may be hastily conceived and still more hastily introduced. I think that when these questions are taken into consideration it will be seen that the power which the Seanad has to hold up Bills can be extremely useful. So far as criticisms are concerned, I have held the view during the past couple of years that the Seanad would be more useful if its powers had been extended. It might be said to be more useful as far as the majority of this Party or of any other Party was concerned, but if I were looking at it from a Party point of view I should have no interest in opposing this measure at this particular moment, but looking at the thing from the general interests of the country, if there was to be any change in the powers of the Seanad I should prefer to see them extended rather than diminished. I know it is useless, but still I would ask the President not inevitably to take up the attitude that what he has written he has written and it cannot be changed, and that if he does not preserve that literal constancy in mere words he is showing weakness of some kind.

This is not, and need not any longer, be a Party matter—I mean in the sense of either Party looking to advantage from the extension or diminution of the suspensory powers of the Seanad. It is a question, especially with the other Bill there, with the House and with the country being still in the dark as to whether the President is inevitably wedded to one Chamber Government or not, whether he still has any hope of finding that ideal Second Chamber. The Seanad has been criticised for being a mere replica of the Dáil. It is nothing of the kind. There are periods in the life of the Seanad when the majority in the Seanad has coincided with the Dáil but other periods will come when it is not the case. The very method of election now prevailing ensures that, in many cases, the Seanad would not be a mere replica of the Dáil and the only thing that might be considered is whether in practice the Seanad has unduly abused its powers. Not merely do I think that it has not but I think it has acted with great moderation whenever it has acted.

I want to add a very few words to what Deputy Professor O'Sullivan has said. I think that the President has treated this House with extraordinary levity in introducing his motion without giving us any indication of what the Government intentions are with regard to the Seanad. If we are to assume that the Seanad is still to be abolished, it is extraordinary that we should waste time in discussing proposals merely to cut down its powers of delay to three months.

A Deputy

Hear, hear.

I hope that in his reply, at any rate, he will give us a little illumination of this question. My own views on the subject of the Seanad have not changed. I throughly agree with Professor O'Sullivan that the powers of the Second Chamber ought to be real and not illusory and that it would be very much better to increase the powers of the Seanad than to diminish them. I would especially wish to increase them by extending the range of their powers so that they could interfere in financial matters to the same degree as in other matters, but I am not, I confess, at all satisfied with the present constitution of the Seanad.

I believe that body is not a satisfactory body at the present moment, and, moreover, that it must continue to get less and less satisfactory as the years go on, because, while it is true, as Professor O'Sullivan has said, that the method of election is likely to result in a certain time-lag so that the Seanad will not always be just of the same political complexion as the Dáil of the day, that method of election has this great disadvantage, that it practically rules out of consideration all aspirants for the Seanad except persons who have been actively engaged in politics and that it makes it next door to impossible in any closely contested election to get rid of any Senators who, for one reason or another, may be unsatisfactory. Their votes are needed by the particular Party to which they belong to get the candidates of that Party selected and, therefore, the Party cannot afford to offend even the worst and most incompetent Senator by kicking him cut. Consequently, the method of election which at present prevails seems to me to be faulty in almost every possible respect. While I say that, I am still a supporter of the principle of having a Second Chamber, although I lay myself open to somewhat the same sort of derision as the President in having a hankering for experiment in the selection of the form of Second Chamber which we will have. I do not think the experience of other countries has on the whole produced satisfactory Second Chambers, and I think we might justifiably experiment and make some discoveries for ourselves.

But while the question of the mere existence of the Seanad is in the balance, it seems really extraordinary to reintroduce this old provision cutting down the power of delay without giving us a word of information as to what the Government's intentions are with regard to the whole question of the Seanad's existence, and of its composition, if it is to be allowed to exist.

If I remember rightly, when the Bill cutting down the Seanad's power of delay was before this House on a previous occasion, the President's chief argument was that at some committee —unfortunately I did not realise this matter was coming up or I should have refreshed my memory about it— which was appointed to consider what the Seanad's powers should be, a recommendation had actually been made that the power of delay should only be three months. Nobody apparently discovered during the debate in this House a fact of great importance which was subsequently brought out by Senator Douglas when the Bill was brought on to the Seanad. That was that the recommendation that the period of delay should be only three months was coupled with another proposal which was part of the same plan—that at the end of those three months there should be a referendum in the event of the two Houses, the Dáil and the Seanad, being unable to agree; so that the proposal for a three months period of delay, so far from diminishing the powers of the Seanad, would have enormously increased its powers. Thus it would appear that the President's memory was either unusually defective or that he was guilty of a very serious suppressio veri when this matter was debated by us before. I hope that at any rate in his concluding remarks he will throw a little more light on what we have to expect in regard to the whole question of the Seanad's future, and the Seanad's position if it has a future.

The President to conclude.

It is not anything new now, because it happened so often, but it is rather strange that I should be criticised by a Deputy for not saying more than I have said, particularly by Deputy MacDermot, who is so anxious to spare the time of the House. Why should we go over all that ground again? We had very long debates on this whole matter before. The points of view of both sides of the House were expressed at great length, and why should we have it all over again on a matter of this sort? This was the first Bill to run its course—18 months. The period, as I already said, expired a couple of months ago, and if we were serious about the Bill at the start I see no reason why it should not be assumed that we are still serious about it. As long as the Seanad remains, even if it is only for a very short time, we desire that its power of delay should not extend to a period of effectively 20 months, as it does at present, but that that period should be shortened effectively to a period of five months. There is legislation going through. We do not want to face the holding up of that legislation by the Seanad for that period, even during the short time it is in existence. It is not to be assumed that since our bringing this Bill in any change has taken place. If a change had taken place in our views then I certainly should have thought it desirable and necessary that I should inform the House of that change. But no change has taken place.

When we were discussing this particular Bill originally I think Deputy MacDermot was of opinion that once the Seanad had no greater power of delay than is proposed in this Bill it might as well go out of existence altogether. We are taking those things as they come. I simply say to the House that there is no change of attitude on the part of the Government in regard to the Seanad. The object in bringing in this Resolution is to make effective the first idea we had in bringing in the Bill, and that is to shorten the period during which the Seanad could delay legislation even though the period during which it will be in existence is drawing to a close. A number of Bills are being sent up; a number are likely to be sent up, and we do not want to have a long period of delay. I cannot say anything further which would be useful at this stage. When we come, as we will in a short time, to a similar motion in regard to the Bill completely abolishing the Seanad I think we might be in order in again discussing the question as to whether or not there should be a Second Chamber at all. That does not arise on this motion. This particular Bill is for curtailing its powers. What might be germane to this if we had not threshed it out before is whether the Seanad would be of any use if its delaying powers were as short as is proposed in this Bill. Accordingly I do not think I should waste the time of the House by speaking further.

The President has said that there is in fact at the moment no change in the mentality of the Seanad. Could he say whether at the moment there is any prospect of a change in their mentality?

Question put.
The Committee divided: Tá, 61; Níl, 47.

  • Bartley, Gerald.
  • Beegan, Patrick.
  • Blaney, Neal.
  • Boland, Gerald.
  • Bourke, Daniel.
  • Breen, Daniel.
  • Briscoe, Robert.
  • Concannon, Helena.
  • Cooney, Eamonn.
  • Corkery, Daniel.
  • Corry, Martin John.
  • Crowley, Fred. Hugh.
  • Crowley, Timothy.
  • Daly, Denis.
  • Davin, William.
  • Derrig, Thomas.
  • De Valera, Eamon.
  • Donnelly, Eamon.
  • Everett, James.
  • Flinn, Hugo V.
  • Flynn, John.
  • Flynn, Stephen.
  • Fogarty, Andrew.
  • Gibbons, Seán.
  • Goulding, John.
  • Hales, Thomas.
  • Harris, Thomas.
  • Hogan, Patrick (Clare).
  • Jordan, Stephen.
  • Keely, Séamus P.
  • Kehoe, Patrick.
  • Kelly, James Patrick.
  • Kelly, Thomas.
  • Kilroy, Michael.
  • Kissane, Eamonn.
  • Lemass, Seán F.
  • Little, Patrick John.
  • McEllistrim, Thomas.
  • Maguire, Ben.
  • Maguire, Conor Alexander.
  • Moane, Edward.
  • Moore, Séamus.
  • Murphy, Patrick Stephen.
  • Murphy, Timothy Joseph.
  • O Briain, Donnchadh.
  • O Ceallaigh, Seán T.
  • O'Doherty, Joseph.
  • O'Dowd, Patrick.
  • O'Grady, Seán.
  • O'Reilly, Matthew.
  • Pattison, James P.
  • Pearse, Margaret Mary.
  • Rice, Edward.
  • Ryan, James.
  • Ryan, Martin.
  • Ryan, Robert.
  • Sheridan, Michael.
  • Smith, Patrick.
  • Traynor, Oscar.
  • Victory, James.
  • Ward, Francis C.

Níl

  • Alton, Ernest Henry.
  • Beckett, James Walter.
  • Belton, Patrick.
  • Bennett, George Cecil.
  • Brennan, Michael.
  • Broderick, William Joseph.
  • Burke, James Michael.
  • Coburn, James.
  • Costello, John Aloysius.
  • Curran, Richard.
  • Daly, Patrick.
  • Davis, Michael.
  • Davitt, Robert Emmet.
  • Dillon, James M.
  • Dolan, James Nicholas.
  • Doyle, Peadar S.
  • Esmonde, Osmond Grattan.
  • Fagan, Charles.
  • Finlay, John.
  • Fitzgerald-Kenney, James.
  • Good, John.
  • Haslett, Alexander.
  • Holohan, Richard.
  • Keating, John.
  • MacDermot, Frank.
  • MacEoin, Seán.
  • McFadden, Michael Og.
  • McGilligan, Patrick.
  • McGovern, Patrick.
  • McGuire, James Ivan.
  • McMenamin, Daniel.
  • Morrisroe, James.
  • Morrissey, Daniel.
  • Mulcahy, Richard.
  • Murphy, James Edward.
  • Nally, Martin.
  • O'Higgins, Thomas Francis.
  • O'Leary, Daniel.
  • O'Mahony, The.
  • O'Neill, Eamonn.
  • O'Sullivan, Gearóid.
  • O'Sullivan, John Marcus.
  • Reidy, James.
  • Rice, Vincent.
  • Rowlette, Robert James.
  • Thrift, William Edward.
  • Wall, Nicholas.
Tellers:—Tá: Deputies Little and Smith; Níl: Deputies Doyle and Bennett.
Motion declared carried.

I am certifying the Constitution (Amendment No. 19) Bill under Article 38a of the Constitution as containing only such modification as is necessary owing to the time which has elapsed since the Bill was first sent by the Dáil to the Seanad.

Top
Share