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Dáil Éireann debate -
Thursday, 2 Dec 1937

Vol. 69 No. 10

Seanad Electoral (Panel Members) Bill, 1937—Recommittal (resumed).

Debate resumed on amendment No. 2 (Deputies McGilligan and Costello).

There are three proposals for the election of a Seanad before the Dáil—the Government's proposals, those submitted by Deputy Norton, and the proposals appearing over the names of Deputies McGilligan and Costello with which amendment No. 2 is directly concerned. The Dáil has got to make a choice between these three proposals, and I submit it is the duty of the Dáil to choose that arrangement which is most likely to give satisfactory results and which can be continued in the future unless some more satisfactory scheme is devised and substituted for it.

Judged by any standard, the particular set of proposals with which the Fine Gael Party are associated must be condemned. It can be considered under three different headings. The proposal, as Deputies are aware, involves the setting up as an electoral college of a committee of 22 persons appointed by the Dáil. It is, of course, contemplated by the Fine Gael Party that that committee should be constituted in a roundabout manner, the principal purpose of which is to ensure that the Government Party will not have on the committee the representation to which its numerical strength in the Dáil would entitle it. In fact, all the earlier part of Deputy McGilligan's proposal is designed to secure that end. Secondly, it is proposed that the members of the committee should be chosen in a manner designed to secure that the least suitable persons will, in fact, be appointed. There is to be an obligation placed upon the members of the Government Party to go hunting around the highways and byways to find some 20 persons who are willing to allow themselves to be submitted to the House and to be voted upon by the Fine Gael and Opposition members generally for the purpose of having themselves placed in some order of demerit. The least intelligent and least loyal of these persons will, no doubt, be chosen. Similarly, the Government members will select those who are to represent the Fine Gael Party and, by this particular arrangement, 22 persons are to be chosen—if it is possible for any Party to get individuals prepared to go forward for election, by that method, upon a committee of that kind. The 22 persons acting on that committee are to be given the extraordinary power to put, by their own votes, two members into the Seanad. I do not know that outside Bedlam any scheme of the kind was ever devised.

I am certain that in the ranks of the Fine Gael Party there is no substantial body of members who think that that scheme is one over which they can stand. They know quite well it was not devised as a suitable method of electing a Seanad. It was devised as a suitable method of doing the Government Party one in the eye. Because that is all that is behind it, I suggest it should be rejected by the Dáil with contempt. It was not rejected by the committee. The Special Committee, by a majority of one vote, gave it their approval. We can attribute whatever motives we like to the members of the Committee, other than the Fine Gael members, who voted for it but, whatever their motives, it is clear now that the scheme is not as attractive to them as it appeared to them at first sight, whatever the effect upon their voting power in relation to the Seanad might be. Therefore, we have Deputy Norton and the members of the Labour Party returning to their first love. It is not quite clear where they stand in this matter. Although they supported Deputy McGilligan's scheme at the Special Committee, they have tabled an amendment to the Bill designed to secure that the new Seanad will be elected in precisely the same manner as the old Seanad was elected.

There were many obvious difficulties in the method of electing the old Seanad of which Deputies are aware. Because the nomination of candidates was confined to members of the Dáil, and because the election of candidates was carried out by the Dáil, it became practically impossible for any Party to resist the claims made upon it by persons who felt that they should be rewarded for services to the Party by election to the Seanad, and it is precisely because that particular method of election was tending towards giving us a Seanad consisting entirely of people placed there as a reward for Party services that it became necessary and desirable to find some other method.

The defect in the method of election which operated for the old Seanad, and which is proposed for the new Seanad by Deputy Norton, does not lie in the electorate. I do not think that the fact that the electorate was confined to members of the Dáil was an essential defect. The essential defect was that nominations were confined to members of the Dáil. The Dáil as an electorate has something to recommend it. At one stage in the proceedings of the Select Committee, it might have been possible to have got some measure of agreement involving a Dáil electorate if other provisions were acceptable to the members of the Committee; but the Dáil electorate is by no means perfect because, of course, the votes of members can be, and have been, controlled by the Party machines. Nevertheless, a Dáil electorate would be tolerable if the method of nomination were changed so as to ensure that persons outside membership of the Dáil could put forward candidates, and put them forward with some reasonable certainty that they would have a fair chance of being elected. If we had outside nominations associated with unlimited nominations by members of the Dáil and no restriction as to the number of either class who might be elected, it is reasonable to assume that only those nominated by the Dáil would be elected. Under an electorate consisting of members of the Dáil, the quota required by a successful candidate would be slightly over three votes and as, in order to secure nomination, a candidate would need to get the assent of two of the electorate, his prospect of being returned was considerably stronger than the prospect of a candidate nominated from outside whose candidature had not got the assent of any member of the Dáil.

We are proposing that there should be outside nomination and at this stage vocational organisations come into the picture. There is no doubt that the great majority of the members of the Dáil would prefer an entirely vocational Seanad, but we recognise, and I think anybody who studies the position with an open mind is forced to recognise, that there does not exist in the country that basis of vocational organisations which would enable a Seanad to be elected entirely by the votes of outsiders. We could undoubtedly set up some type of vocational registers, but they would be completely unsatisfactory and inadequate and would be in no sense representative of the various interests for which they were established. At some stage we may get that development of vocational organisations which will permit of that system of election being adopted, but we have not got it yet and we must recognise the fact that we have not got it. Therefore, we must merely arrange matters now so that we will move in that direction and the farthest we can move in that direction at present is to give the right of nomination to such vocational organisations as exist and so arrange matters in relation to the election that a substantial proportion of those so nominated by vocational organisations must be elected, no matter who constitutes the electorate. That is what we are proposing, and Deputy Norton's scheme stands condemned because it does not propose that. Deputy Norton's scheme, confining the right of nomination to members of the Dáil, is open to every objection that was expressed from time to time in relation to the method of electing the old Seanad and would operate in precisely the same way as the old method operated. If we can get agreement, and I think the great majority of Deputies are in favour of outside nominations to some extent, then we can move a step forward.

The next step is to consider what should be the method of election. It must, of course, be according to the Constitution by proportional representation, but it is proposed by us, and, I think, should be accepted by the Dáil, that the voting should be so arranged that only a limited number of those nominated by members of the Dáil can be elected and that a substantial number of those nominated by organisations outside must be elected. The proposal is that the maximum number of persons nominated by the Dáil who can be elected should be 22, so that 21 persons nominated from outside the Dáil must be returned. There is, of course, the necessity for arranging these candidates according to their respective panels and fairly elaborate proposals are contained in the Government's amendments for the purpose of ensuring that the right of nomination would be given only to bodies who are representative of the interests for which they purport to speak, and that generally the method of nominating candidates and the method of carrying out the election will be properly supervised and controlled.

We then come to the question of the electorate. The idea of an electoral college of 22 members, no matter how constituted, must, I think, be rejected. Even if we got rid of this nonsensical idea of reducing the representation upon such a body to be given to the Government Party, or the still more nonsensical idea of having the members of the body selected by a Dutch auction, we should still reject the idea because the electorate is too small. There is danger, and real danger, in the smallness of the body proposed. I mentioned yesterday, and I repeat now, that, in my opinion, it is farcical to attempt an election by proportional representation where the number of vacancies to be filled is larger than the number of voters, and where you get the position that the quota which a successful candidate must secure is one or less than one vote. A body of that size might, by some chance, give us a good Seanad, but bear in mind that every member of it can put a needy relative into a position of security for some years, repay some personal obligation or provide for a hard-up pal by exercising his own power to elect. A member of a committee of that size would not require to get the assent of anybody else or to consult anybody else. He has the right of direct nomination into the Seanad, and that is too great a power to give to any individual of that kind and particularly an individual chosen in the particular way suggested. If it were proposed to give that right of direct nomination to members of the Dáil there might be more sense, because members of the Dáil have public responsibilities, and have, in the long run, to answer to their constituents for their actions. But members of this Committee will have no responsibility to anyone, not even to their own Parties, because they will not be chosen by any Party, if Deputy McGilligan's scheme is adopted in its entirety. If we are to get away from the Dáil as an electorate, we should try to get a larger one. Time and again when the Committee was in session, I urged the desirability of examining the possibility of getting a larger electorate than the Dáil.

The view was expressed by Deputy McGilligan and by Deputy O'Sullivan that we should have an electorate once removed from the Dáil. I think that was the expression they used. If we are to get an electorate once removed from the Dáil, let us get an electorate larger than the Dáil. Although various suggestions were made, none of them commended itself to the Fine Gael members of that body. We have a proposal before us to give such an electorate. This proposal would give each county council and each county borough council the right to nominate seven members to the electoral college. That is not a perfect system, but it gives an electorate which is not capable of being managed by the Party machine to the same extent that the Dáil electorate could be managed, and has been managed in the past. It gives the opportunity of bringing in not merely the vocational interest but of securing, by the method of nomination, the territorial interest also. There may be some objections to the proposal to give equal representation to a small county like Louth with that of a larger county like Cork, but I think that is the only fair system to operate. It is certainly a simple system to operate, involving equal representation, and that is what we propose. Another system could be devised if wanted but I do not think it is either necessary or desirable. We get by this system an electorate of reasonable size, an electorate of such a size that the vote of the individual is not of undue value, an electorate by which a particular candidate will not be able to exercise undue pressure upon the necessary number of voters to make his own election certain. It can be modified in detail if useful suggestions are made by Deputies, but upon the principle of an electorate larger than membership of the Dáil, I think there should be no doubt whatever in the mind of reasonable persons as to its desirability. I am convinced that if Deputies approach consideration of this question in a non-Party attitude—and it should be approached from a non-Party attitude —we would get general agreement on some such proposal as the Government has made. It could be urged that in present circumstances one particular method of election is more favourable to the Government than another, or more favourable to the Labour Party, or to the Fine Gael Party, but we are not planning for the particular circumstances that exist at the moment. We are planning here for the future. Undoubtedly this system may be replaced, and can be replaced by a simple repeal of this Act, and the adoption of some other scheme, and it will, in due course, I hope, be replaced by a completely vocational Seanad. At any rate, it has been put there until some really better scheme has been levised and accepted by the Dáil. Deputy McGilligan by some of the amendments indicates that he has in mind such a completely vocational Seanad as we contemplate might be possible in future but the attempt to set up such a Seanad indicates how completely impracticable it is even to attempt it. Anyone who studies Deputy McGilligan's amendment will realise the inadequacy of his proposal and must understand that it is impossible. In fact, the Deputy understood that himself because, in fact, by the amendment he, as it is commonly described, "passes the buck." If the question is studied impartially anyone will realise that we should have nomination other than by members of the Dáil. It follows from that, that there must be some device by which persons nominated outside the Dáil should have the prospect of being elected, and we should have the electorate as large as it is reasonable to make it, because safety lies in numbers, as the danger of corrupt or undesirable practices being adopted increases as the numbers are reduced. The smaller you make the numbers the greater these dangers are. The proposal in the Bill is in all respects a reasonable one, and I am sure will commend itself to the public. If it commends itself to the public it might possibly commend itself to the House also.

There is a little more restraint this afternoon. Last night we listened to a speech from the Minister that was full of sound and fury, but signifying nothing. Now the Ministerial crowing hen has laid another egg. A couple of nights ago the Minister delivered himself of the following extraordinary statement:—

"If any ornithological metaphor is required for Irish industry, I suggest it might be compared to an ordinary farmyard hen which produces a saleable commodity with regularity and efficiency and is not ashamed to crow about it."

The latest remedy for the farmers in order to save their egg and poultry trade is crowing hens. Even if the Minister had no knowledge of the farmyard he might have some knowledge of the official language of the State. An old Irish proverb might have saved him from the praise of the crowing hen. We have now before us another product of the crowing hen, and the Minister is crowing over it. Let us hope that the industries he has established, and that he crows over after having established, will not be quite of the worthless type we have in this particular Constitution Bill. The crowing hen——

That was the cackling of the red herring.

Is it suggested that the Minister really only cackles when he has established an industry?

I said the cackling of the red herring.

What the Minister said was that he should cackle.

The Deputy is misinformed.

I am sorry to interrupt the Minister.

Hens have ceased their cackling fearing they might be mistaken for Fine Gael Deputies.

Have they? That suggestion of the crowing hen was an enormous contribution to an economic policy and is a fit companion to the President's light beer and the Minister for Agriculture's light reading as means of saving the farmers. Now agriculture is safe when the Minister for Industry and Commerce has thrown his maternal eyes over it. This is a demonstration of what we have got to listen to. Let us see what we have before us, and what we are asked to do. There has been a great deal of talk about a non-Party approach to this question. There is an excellent illustration of the non-Party approach and of the Minister's position in the public documents of the Committee. We made a mistake, I admit. We took two things seriously, that we should not have taken seriously, the Constitution and the alleged aims of the President. We thought it might be possible in setting up a Seanad to try to implement what we were told were the aims of the Constitution in this matter and what we were told again and again that the President had in mind. Again and again we put before that Committee that these were the aims that we wanted to achieve, and that any scheme that would facilitate and help to bring about the two things that the President put forth as basic, the aims he had before him, we were quite willing to consider and adopt. We put several schemes forward ourselves. We were quite ready to meet any effort, if it would conduce to either of these ends. What were they? To get a vocational Seanad. That was the one aim that was stressed by the President in his speech yesterday. The second aim was to get a Seanad as much free from the Party machine as possible. It was in order to solve that problem that we put forward the schemes submitted to the Special Committee. In the amendments here to-day before the House that too was the only aim we have. Does anybody suggest that there is any consideration of Party advantage so far as the drawing up of these schemes is concerned?

No consideration at all.

Let the House remember that the Minister who denounces our scheme for a permanent Seanad actually promised to bring before the Committee a proposal of that kind. How often have we been told that for over 12 months past the Government had been considering the setting up of a vocational Seanad! Yet, though the Minister had given 12 months' consideration to it, we have not got the scheme. The Minister simply denounces the attempt to implement the Constitution. That same Minister who, having considered the matter for 12 months, promised us a vocational scheme says: "Impossible." We adjourned the Committee to await and to consider the Minister's scheme of a vocational Seanad for the next election. Even after the seeming deadlock we did not give up hope, we favoured, grasped at the Minister's proposal. Not merely did we do that, we showed our willingness to help, but we said: "It is the Minister's business, but we on this side will help as much as possible; we will give our ideas to the Minister in order to help him." It was for the Minister's scheme that we adjourned and we put forward our scheme to show that a vocational Seanad was possible. Now that was the view not merely of the Minister himself but of some of his Ministerial colleagues on the Special Committee. He wanted a fortnight to do it. Another said it could be done in three days. The Minister wanted a scheme and promised a vocational scheme, not for the permanent Seanad, but for the next Seanad, the Seanad to be elected after Christmas. We have been told that the Government have been thinking of this matter for 12 months and at one of the meetings, I think it was on the 28th October, the Minister and his colleague, the Minister for Agriculture, said they were prepared to come forward with the vocational scheme. Yet, that Minister now comes into the House and tells us that it is all moonshine, that we are playing Party politics. He implies there is politics in the attempt to set up the vocational Seanad, in other words, to implement the Constitution. It is quite obvious that the Minister does not expect a vocational Seanad in his lifetime, he does not expect it, at any rate, in my lifetime. Remember when the question was put to him: "How long will that take?" his answer was: "Twenty-five years." That is a long time to have to wait for a vocational Seanad. And yet we have talks about a vocational Seanad. The catch-cry is still kept up. Is it not all pretence? Does the Minister think that he can get over the charge of Party advantage by howling the charge of Party advantage at us? What advantage do we gain from any schemes put forward by ourselves that we would not gain from any of the Government schemes? Not one whit. The Minister says that we are cutting down the representation due to the Government Party. But are we not cutting down our own as well?

What good is that to us?

It is funny that the Minister dealt with only half of it. Why did he not ask what advantage Fine Gael gets out of it? Half truths! Is not that now characteristic of the Minister's whole attitude on public affairs? The Minister makes speeches like that to which we listened last night. He ought to know that the smaller the body, the less efficient the panel becomes. A small party becomes less efficient on proportional representation, the smaller the number to be elected. And the panel system therefore reduces the strength of the small group in this House. If you merely give the Labour Party two members on that Committee, will you not find that two members on that Committee to elect on panels could not exercise anything like the same power as 13 or 14 members can in this House? The aim that we have is clear. We challenge comparison of it with the purpose it was designed to serve. The only purpose that that Committee was supposed to solve from the Government point of view and from our point of view was to find as close an approach as possible to a vocational Seanad; and to get a Seanad that would not be a mere replica of the Dáil, and that would not be obedient to the machinery of the political Parties. For trying to do that the Minister gets up and denounces us. He charges us with trying to get Party advantage out of it. The Party advantage that we look to is that we want a Seanad of the type that will envisage and implement the Constitution; the type of Seanad that is supposed to be desiderated by the leader of the Government Party. I understand the position of the President when he says that he does not want an obstructive Seanad. Well, there is no such suggestion. What we are trying to do is to remove it from the influence of the Party machine. It is all right for the Minister to come in to-day and to say that apart from the undue advantage given to the Labour Party our proposal seeks to get Party advantage. On page 16 of the Special Report of the Special Committee on the Seanad Electoral (Panel Members) Bill, 1937, there appears a memorandum by the Chairman, the President. Will the Minister for Industry and Commerce throw back his mind to the atmosphere that prevailed when that memorandum was drawn up. Was not that the memorandum drawn up to form a basis of an agreed settlement? Does the Minister deny it? The Minister has condemned the Committee of 22, and not merely the weighting of it. Here to-day he condemned the whole business as being inherently bad in itself. Yet that memorandum drawn up by the President as a method of approaching agreement, failed to be carried owing to the opposition of the President and his Ministers, or, I should put it the other way, owing to the opposition of the Ministers and the President. There was a reasonable chance of coming to a settlement there; if that memorandum—the Chairman's memorandum—had been taken as a basis we could have a settlement. We left that meeting—I certainly did— with the impression that a settlement could be come to. When we turned up at the next meeting it was quite obvious that a settlement was further away than ever. Having put that forward as the basis of an agreed settlement, the President and his Ministers came in and voted it down. Yet the Minister for Industry and Commerce, the protagonist of the whole business, comes in here now and accuses the members of the Opposition with trying to reap Party advantage. After all, there should be some kind of candour even in public life. We are anxious in the setting up of the Seanad to prevent its being a reduplication of the Dáil. You are not going to get by this Bill or by the county councils a Seanad that will not be a reduplication of the Dáil. What you are going to get is simply a reduplication of the Dáil. The Minister for Industry and Commerce has said: "We want a larger electorate, an electorate that will not be at the beck and call of an individual." I cannot see any Seanad that would be more at the beck and call of the machine than the one the Minister proposes. It will be the machine that will count, the Party machine. The machine will count with the new electoral vote and with the Dáil. Does anybody contend that we are now offered an electorate independent of the political machine?

I have here in my hand the returns of the last county council elections. I will take my own province, Munster, first. Here you have an example of the electorate independent of the machine that we are to get: County Clare— 20 Fianna Fáil members; 3 Labour; 11 Fine Gael; 4 others. County Cork— 16 Fianna Fáil; 4 Labour; 22 Fine Gael; 1 other. County Kerry—20 Fianna Fáil; 10 Fine Gael; 4 others. County Limerick—16 Fianna Fáil; 4 Labour; 16 Fine Gael; no other. North Riding of County Tipperary—14 Fianna Fáil; 11 Fine Gael; 3 others. Take the province of Connaught. County Galway—18 Fianna Fáil; 16 Fine Gael; 6 others. County Leitrim—13 Fianna Fáil; 11 Fine Gael; 5 others. County Mayo—19 Fianna Fáil; 18 Fine Gael; 1 other. County Roscommon—16 Fianna Fáil; 14 Fine Gael; 1 other. County Sligo—9 Fianna Fáil; 18 Fine Gael; 1 other. "Labour" has no representatives in any of the counties of that province.

Would the Deputy give us the figures for Waterford?

Waterford behaved so well that I doubt if it is on the list at all.

It is not on the list that I have before me. The Deputy is aware that certain county councils have been abolished.

But not for this purpose.

The Deputy for Waterford might know that even if he does live in Dublin.

It has not been disfranchised.

The point that I want to get out is this: that there you see the electorate independent of the political machine that the Minister for Industry and Commerce wants! That is the escape! In order to escape from a reduplication of the Dáil got by leaving the electorate entirely in the hands of the Dáil you plunge into what is really more under the control of the machinery so far as the ultimate election is concerned, and I am afraid the Government Party knows that. I have heard many condemnations passed on the Government Party and I should say that nine-tenths of them were deserved, but I never heard them criticised unfavourably for having an inefficient machine. I have no doubt that it will work quite well here also, but of course that never entered into the head of the President. We had the President yesterday chiding in almost pontifical fashion the Labour Party for imputing motives as if he had not the Minister for Finance in his Cabinet—perhaps he forgets him at times—and as if he had not the Minister for Industry and Commerce sitting beside him and unfortunately going to speak after him, giving an example of the Christian spirit of not imputing motives.

The aim that we wanted was this— and we put this forward all the time once the Committee had been formed —get a body as far removed from control of the political machine as you can: get a body as vocational as you can. I think it is possible if you concentrate your attention on what you want to get, the type of Seanad rather than on a representative basis. It was pointed out and quite rightly pointed out as an objection that you do not want an electorate for the Seanad that can claim to be representative in the usual sense. That, I think, was pointed out from the Government side on some occasion, if not here then in some other place. It was pointed out that you do not want a body that can act as a rival to the Dáil and say that it is an elected assembly, just as the Dáil is and can therefore claim to hold it up. I understand that many of the provisions the President has in his Constitution and in his Bills are due to his anxiety to avoid a serious clash amounting to a deadlock between the two Houses, each claiming to be a certain thing. If you keep in view the type of Seanad you want I think you can get—I will deal with this later— a vocational Seanad.

The Minister for Industry and Commerce was quite right when he got us to postpone a meeting to consider a scheme that he was to put before us at the next sitting. Of course, I admit that he was guilty of lése majesté in proposing it because, remember, we have been told frequently that this has been before the President and the Government for 12 months and it was not proper, therefore, for the Minister to suggest he could do in a week what the President could not do in 12 months. Anyhow, he threw in his hand.

It was often pointed out to us that a vocational Seanad was a thing you could not get immediately, some preparation of registers was necessary. Personally I am not sure that you cannot get such a Seanad right now. I think that you can immediately get a much better Seanad of a vocational type immediately than the proposals of the Government now before us. But we realised the force of the objection that might be made on the score of time necessary for preparation and we put forward a transitional scheme—to give time to get together the necessary working machinery. We never pretended that the machinery would be perfect. We have protested again and again that a lot of the difficulties in connection with the Seanad is due to the absurd use or mis-use of the words "perfection" and the "ideal Seanad." We want nothing of the kind. We want one that can be vocational, that will bring a different point of view to bear on the measures sent to it from that of the Dáil. That is the reason why we put forward certain proposals.

I suggest that it is not proper for the Government Party now, in view of their attitude as revealed in this printed Report of the Special Committee, to say that these proposals are illusory. All we can do is to show what the main lines are and how they can be carried out. To say that we should draft the whole Bill with the corresponding consequential amendments is really absurd. That is the business of the Parliamentary draftsman and officials of the State, as the President and the Minister for Industry and Commerce know. If the House or the Committee had decided on the general principle the thing could have been drafted and would have been drafted by the Parliamentary draftsman. Suspicion might be there against such a Committee. The President must, apparently, be like Caesar's wife in that respect, yet no man can flout public opinion more when it comes to the point than he can; but he pleads that he wants to allay suspicion when he can urge such a plea for his own purposes.

Last night, the Minister for Industry and Commerce delivered himself of a statement that the smaller the body the more it was open to corruption. The Minister tried to cover his tracks to-day. But there is one body—one man, that is the smallest body you can have —that will have the nominating of 11 members to the Seanad. He is not amenable to any pressure! No! He said he was—excuse me! He said the man in that position would be amenable to that pressure and would find it impossible to resist it, but then he was speaking of the ordinary mortal. But this is not merely for the present occupant, who is not amenable to pressure, and who will not allow Party considerations to influence him! This is for all time! I am not arguing against the principle of 11 nominations by the President. I want to point out that arguments that were used against our scheme and the arguments about proportional representation apply pretty strongly to that proposal and that was the only connection in which we raised this matter. He scoffed at the idea that the character of the nominations of this committee of 22 would show up the bona fides of the Parties, but he had no doubt about the bona fides of the President. The President doesn't flout public opinion! He, apparently, is above suspicion in this particular instance. His use of power is not open to cavil; but surely the same suspicion would prevail in the one case as in the other case? The Minister knows it perfectly well. Our idea—so the Minister must see—was to throw these elections out of the Dáil as much as possible and also as much as possible out of the reach of political machinery, because, to throw them surely out of the Dáil and into the more effective control of the political machinery only makes the matter worse. That is what you propose to do now. Our idea was to release it from that and the political machinery, and it was purely as a transitional measure that we put forward our first scheme—merely because time was needed to prepare vocational machinery—and the Constitution required a speedy election. There was a time when it did seem as if this would be unanimously adopted, but something intervened. I presume that the strident voice of the Minister for Industry and Commerce was heard in the Cabinet on the matter. Whatever happened, at any rate, all the Fianna Fáil representatives voted solidly against the agreement when this came up. That is a matter of record. It is there in the published report.

Of course, we have heard here objections to this scheme. The objections from the President were few and can hardly have been seriously meant. As a matter of fact, I will admit that at one time I thought that the President was rather prepared to father them. I do not say that he pledged himself to father them. I do not say that at all, but I do say that I thought that we could have reached agreement on that scheme, and if we had reached agreement, I do not see what particular Party gain we would have achieved by it.

There is a certain cynical atmosphere amongst certain members in the House here, and there was, similarly, a certain cynical atmosphere prevailing amongst certain members of the committee and that prevents any definite formulation of another proposal—something to the effect that, if you could agree about certain people, say, half a dozen, you would probably get a better Seanad by letting them appoint than in any other way; but you would have to be very much impervious to such a cynical atmosphere to formulate such a proposal. Why, however, are we not really serious in our efforts for a vocational Seanad? I cannot make head or tail of certain portions of the statements of the President or the Minister for Industry and Commerce. We apparently cannot have a vocational Seanad for 25 years at least. Of course, that is purely the minimum, because, when you speak of 25 years you mean something that we need not bother about. You may have vocational organisations here, but presumably that will have to come about in some way that nobody, at the moment, knows of. I understand that the President is not in favour of its coming through Government interference. Anyhow, we may get a vocational Seanad in 25 years' time. The difficulty really is, as I see it, that the Minister for Industry and Commerce wants to tackle the Labour Party scheme and our scheme and has to use mutually destructive arguments in facing the double front. The Labour Party put forward a scheme of their own. We voted against it, and so did the Minister for Industry and Commerce. Naturally, they said that their scheme was the best; but the Minister for Industry and Commerce evidently thinks that one argument is good enough against our proposal, but then he has to turn round and use an entirely different one to trounce the Labour Party. Presumably, vocational organisation is rubbish when you try to elect a Seanad—especially of the vocational type—but as against the Labour Party it is sufficiently satisfactory, for we are told it is desirable that this same vocational organisation should secure the election of 21 members. Mind you, it is not that they can nominate a certain number of members, but that there is the certainty that 21 of these will be elected. You are sufficiently advanced in vocational organisation to secure the election by these bodies of 21 of their nominees, but not sufficiently advanced to throw the whole election into their hands. Of course not, because that would throw it out of the hands of the Party machine. That is the objection, and that is the objection all along, on the part of the Minister, to our proposals.

If it is justifiable to take the matter of the nominations by these bodies out of the hands of the Dáil, so take it out of their hands that, in practice, as the Minister said, the nominating bodies can secure at least 21 of their members, surely you have no excuse for stopping there. The same organisations can elect the 43 members. If you have a vocational organisation that can accomplish the one task, it can also accomplish the other. There is no excuse for postponing this matter to Tibb's Eve. Just imagine solemnly laying down the Constitution in 25 years time.

A blatant misrepresentation.

At one stage I said that it would take some time and that, possibly, it would take 25 years.

Excuse me. I asked you how long, and you said "25 years." I do not want to repeat the conversation that occurred there, but to my statement that our lifetime would not see it the Minister will remember that he said "Oh, no," and I said "What does 25 years mean?" I do not expect to be making a Seanad in 25 years time, although the Minister may.

Elsewhere.

The Minister, even in his speeches here, is trying to wriggle out of that confession of the 25 years. He makes the 25 years vague, but he does nothing else. As to vocational organisation, you can whistle for it. There was a chance for this Committee to come to a settlement, were it not for the obstructive tactics of the Fianna Fáil Party as shown here in this report by their votes. Take this suggested basis for a settlement and see what happened it. Look at that report. I leave it at that. The Chairman's memorandum boiled down by Fianna Fáil.

I sometimes feel a certain amount of sympathy with and sorrow for the President. A malign fate seems to hang over him that forces him to the utterance of general principles and then forces him to take action that cannot possibly be made to square with these utterances. He seems fated to give utterance to these general principles, and then to belie them all in practice. He has done it here. Except for that despised consistency which the Minister referred to last night as being the mark of little minds, why will the President insist on getting up here and saying that he is in favour of a certain type of Seanad—a vocational Seanad that would be free from Party machinery and so on— when, in practice, he is doing the very opposite? Apparently there is a malign fate guiding his words and, at the same time, thwarting his actions. These proposals were meant to achieve the aim—no other proposals put for ward can even pretend to approach achieving the two aims——

Which proposals is the Deputy talking about?

I am speaking of the proposals we put forward. There was this question of a committee of 22, but also the other proposals discussed in the Committee, and I had a vague idea that the Minister did refer to the Committee.

I only want to know which proposal the Deputy is referring to.

Mr. MacEntee interrupted here.

Will the Minister not confine himself to letter-writing when he can let light in on the proceedings of the Committee by letter?

The proceedings, however, are here in the report.

Are they? He in his letter lifts the veil, and then, when Deputy Norton lifts it a little more, he is chided in very severe tones by the President. Neither of the Government schemes would help us in either of the two aims which the President professes to have at heart. I understand that at one time the President objected to stepping stones, but they will not be even stepping stones, to a vocational Seanad or to a Seanad independent of Party machinery. On the contrary, they will tie us harder to Party machinery. I understand the President is interested in higher mathematics. There was another great European statesman now dead—Lenin—who always liked the curve in the straight line. I see by his nod that the President approves of the curve in the straight line. There is a lot of the curve, but very little of the straight line about his advance to a vocational Seanad or to a Seanad independent of Party machinery.

As to the Committee, listening to the Ministerial speeches we have had from the President and the Minister for Industry and Commerce, all we can say is that it must have disappointed the President beyond his wildest hopes. Yet there was a period when the Committee seemed likely to come to an agreement. I wonder what was the influence that prevented it. What was the influence that prevented the acceptance by that Committee of that scheme put forward as the basis of an agreement? I do not say that there was any commitment—I want to make that quite clear—but there were certainly hopes of a settlement. Strengthening that hope was the fact that it was stressed what a great thing it would be to have a settlement or an agreed scheme on this matter; that it would be a tremendous advantage. But I cannot explain the influences and the reasons that dashed these hopes. I do not like to impute Party motives, but what else is there? You can get your vocational Seanad now. The Minister himself must have known that when he said that he would have one ready for the next meeting. He asked for a fortnight but then said a week would be sufficient, and his colleague said three days. Yet we are told now, 25 years. What is the objection to it? You are using these vocational bodies to secure the election in practice, as the Minister points out, of half the Seanad. Why cannot you take it out of the realm of Party politics altogether and let them select the whole lot of the Seanad? I suppose it would be too vocational, too independent of Party. The objection has been made that these are not representative. That is not an important factor. The Minister knows that the representative character of the Seanad is not the important point. What you want is to get men fairly representative of different points of view and different interests in the country. Look not to the method of election but to the Seanad you want to get. If men do that you can get a satisfactory and a perfect Seanad with bodies now in existence. Deputy Norton spoke last night about small restricted bodies getting undue prominence. The Constitution binds us in many cases to small restricted bodies. I am not objecting to that. But, anyhow, I think it ought to be clear to anyone that by utilising the machinery you have and making the most of it, you can get a vocational Seanad to-morrow if you want to. But it does not suit the exigencies of those who prepared a scheme we see in the Government amendments—it would be free, I presume, from Party machinery.

The county councils! Every county council election for the last 15 years the Fianna Fáil Party insisted upon fighting on politics. Every one of these elections, so far as the Party opposite could manage it, was fought upon the same politics that divides the Dáil. They have introduced politics into these bodies and insisted upon politics being part and parcel of their very nature. It is to these bodies that they entrust the formation of a non-Party Seanad! I know that you cannot have a non-political Seanad. But that is a different thing from a Seanad on purely Party lines. A non-political Seanad is one thing, but a Seanad bound to a Party is an entirely different thing. It is a Seanad bound to Party machinery that we want to get rid of. That is what I thought the Government wanted to get rid of. And then their proposal is—the county councils, elected as a result of their activities for 15 years upon purely political issues! Even a lot of the independents have Party affiliations. Even supposing they were all really independents, in what sense can the councils claim to be free from the Party machine? We are not living in the clouds. You are bringing it more under the control of the Party machinery than if you left it in the hands of the Dáil. This is hailed as an improvement on the present system!

It seems that our bona fides have been questioned. Not a single thing has been proved against us. Not one argument could the Minister for Industry and Commerce give in favour of his proposition, that we were biased by Party motives. We wanted a certain thing to be done and we chose what we thought was the best route of arriving at our ends. We understood that the ends were the same as the ends of the Government. The only difference was that we were walking towards them and the Government were walking in the other direction. The difference was that they turned their backs on them and we faced them and tried to get them.

This is an unfortunate Constitution. This a further implementing Bill. In connection with the one Bill it was pointed out that we were going to have a farcical election for a President. There was no effective machinery to secure genuine voting. All the Vice-President could say was that he could not think of any better than his Bill provided. The first citizen of the State is to be elected without any proper control of the voting! That was the first attempt to give implementation to this unfortunate Constitution. Then at another attempt we passed what was practically an amendment of the Constitution. The Vice-President could give no reasons for the view that it did not so amend except that he asked certain people and they said it was not an amendment to the Constitution. Undoubtedly, it takes from the people—the county councils—a power that the Constitution gives. That was a second effort to implement the Constitution. Now this is the third effort to implement the Constitution.

I do not think such a whole lot of the Constitution, but nobody has shown such contempt for it, in practice, as the members of the Government. The only thing they can say is that they have this new scheme. What amount of thought did they give to it? Not 12 months. The Minister laid this scheme—he will not say when he laid it. But he cackled at the Committee and suggested a larger body. But, certainly, nobody expected, from the views expressed in the Committee, this particular scheme as a method of enlarging the electoral body.

This Bill was introduced by the President into this House, and one of the features of his speech that struck me was his suggestion that this Bill should be dealt with by all the members of the House on non-Party lines as much as possible. Having known that the committee was sitting and endeavouring to reach a solution or a scheme for a new Seanad under the Bill on non-Party lines as far as possible, and having listened to the Minister for Industry and Commerce yesterday and to-day, it has been made perfectly clear to me, at least, what non-Party lines are in this House. A non-Party attitude in this House appears to mean an attitude in entire agreement with the Government attitude. A Party attitude is an attitude that is in agreement with Fine Gael, Labour or Independents. Apparently, the Minister for Industry and Commerce means, when he asks that the members of this House should view this Bill on non-Party lines, that they should view this Bill from the point of view of the Government and the point of view of the Government only. To my mind, the only salient fact that has come out of the entire debate from the Government Benches on this Bill has been the fact that they consider a non-Party attitude to be an attitude that agrees only with the Government Party. I listened to the Minister for Industry and Commerce, when he got sarcastic about the setting up of an electoral college of 22 and when he spoke of the terrific humiliation through which we would expect people to go, if they were to allow their names to be put forward by the Government Party and expect that those names would come before the members of the House for election. As was suggested by Deputy Costello when he opened on this amendment, if people were nominated with a sense of responsibility by any Party in this House, if people were nominated who would be proper persons to put on an electoral college of this sort, if people were put on it who were not tied to any Party like Party hacks, then I say any Party could pick eight, ten, 20, or whatever number they wished, who would view what they would have to do under this Act, the business that they would be selected by this House to do, with such a responsibility and with such an appreciation of the job they would have to carry out, that nobody could object to them or nobody could suggest that it would be a humiliation to those people if the Opposition decided how many of the Government nominees should be appointed, or if the Government decided how many of the Opposition nominees were to be appointed.

In my view what was at the back of the mind of the Minister for Industry and Commerce was that, as far as he could visualise this electoral college of 22, the only type of people that could be nominated by any Party would be people who could only be termed Party hacks, or tied people who would not like to have their tender feelings hurt by having to come forward for election before the members of this House. If it be the view of the Government that it is not possible for the Parties in this House to select, say, 20 members from the Government Benches, a certain number from the Fine Gael Benches, the Labour Benches and the Independent Benches; if it be the view of the Government that the members of this House could not select a sufficient number of people outside the Dáil in this country who would be capable of doing this job in the proper way, who would not be so small-minded as to feel that they were under an obligation to the Government Party, to my mind it means that the Government is satisfied that whatever type of college was set up, could only be composed of people that are so tied by Party affiliations that any election that would be carried out by members of this House, would be a humiliation because it might expose the tender consciences of those people to what the people on the other side of the House thought about them.

I see one grave objection to the Government scheme as it at present stands, the scheme of election by county councils. For certain reasons, I say that at the present time there is a very definite objection to election by the county councils. The county councils at present in existence were elected in 1934 for a period of three years. As a result of legislation introduced by the Minister for Local Government, their period of office has been extended. It should have expired last June, but now we are asking these county councils to be portion of the electing body under the Government scheme. I suggest that it is not very democratic to give to bodies elected over three years ago, and whose term of life was extended by legislation specially introduced by the Minister for Local Government, the right of electing members for the new Seanad. I do not agree that the county councils would afford the same reflex of opinion of the country as they did when they were first elected three years ago. It might possibly be that the county councils elected three years ago and still in existence, would not give a proper democratic representation in the election of the new Seanad. There would be a far more violent objection to allowing them to have that right than there would be to the previous scheme which, notwithstanding what the Minister for Industry and Commerce said, would bring the election more into line with the actual voting strength according to the first preference votes at the last general election in the country. The Minister for Industry and Commerce was very strong last night in expressing the view that the first preference votes were not a proper test of proportional representation. I think if the Minister for Industry and Commerce studies the figures he would find by going down through the second and subsequent preferences, that there was not such a terrific difference between the first preference votes and subsequent preferences as would justify his arguments. He would find that the fact that the Government succeeded in getting a seat for a little over 8,000 votes on the average, while the average for other Parties was about 10,000 votes, would not be accounted for by any great difference in the transferring of the preferences but was accounted for by the fact that there were so many three-member constituencies which had the effect of destroying the value of proportional representation.

I believe that if the scheme of an electoral college were adopted, if it were carried out by the members of this House in a proper manner, if they carried it out with a genuine desire to take this election away from Party politics as much as possible, it would be one of the fairest schemes we could adopt. It would take this election much further away from Party politics than to take the election of the new Seanad into every county council in this country, having every county council holding a miniature general election on its own a month before the election and putting the Party machine into action all over the country. To have the county council as the medium of election means that you will put the Party machine of every Party down to the smallest item, the local club, into action for the election of the new Seanad. You will put every politically-minded person in the country into action a month before the election of the new Seanad just as if you were facing a general election for the Dáil. I believe that when the President introduced this Bill and asked to have it viewed in a non-Party manner that he was genuine in that desire but he has changed his attitude somewhat since. When this Committee was set up, if there was any regard for majority rule in the Government Party, they would not have wrecked that Committee the first time a suggestion was carried with which they were not in agreement. Why was the Committee ever set up if the Government had no intention of implementing the majority decision of that Committee? In the view of the ordinary man in the street, I suggest that it would have been far better if the Bill had been fought out in this House than to have set up a fancy Committee and then when the Committee disagreed with the Government's proposals, turn round and come back again to the House with an entirely new set of proposals.

The Minister for Industry and Commerce said that the only motive behind the proposals of the other Parties was to have a crack at the Government by reducing their proportional representation to a certain extent, and to tell the Labour Party that there is some equally ulterior motive behind their amendments, but the whole trend of this Bill, to my mind, shows that the Government Party had not made up their minds when they brought in this Bill as to whether they had any kind of scheme at all in their heads for the election of a new Seanad. They had to bring in a Bill because the Constitution must be implemented. They told us that they wanted non-Party discussion. They told us that they wanted agreement. But they would not take agreement from anybody else; the only agreement possible is agreement to everything the Government wants. Mind you, having turned down the majority decision in the Committee they come along now with a list of proposals. The Minister tells us that vocational registers and representation by vocational groups is impossible at present, and it is suggested in the Government amendments that 22 of the people in the new Seanad will be elected from people nominated by those vocational groups. Even if the Minister for Industry and Commerce were perfectly right in saying that the Fine Gael amendments were merely Party manoeuvres to have a crack at the Government, and that the Labour amendments were merely Party manoeuvres for some other reason, I would suggest to the House that they are better than the Government's Bill, and better than the Government's amendments, because the Government's Bill and the Government's action in the Committee plus the Government's amendments have shown this House that not alone have the Government decided that they do not want a non-Party Seanad, that they do not want agreement about this Bill in this House on non-Party lines, but that this Government has not the faintest idea as to what kind of Seanad they want or on what lines they want to have it appointed.

Speaking to-day for the first time on any stage of this Bill, I should like to draw the attention of the House to the wonder which we have among us in the person of Deputy Norton. Deputy Norton, speaking yesterday, said that a certain point of view which I had expressed elsewhere was the point of view which I expressed here in this debate. Deputy Norton has taken unto himself the mantle of a prophet. Deputy Norton is a prophet; yea, and more than a prophet, he is a profiteer —a political profiteer.

How does the Minister spell "profit"?

It is in that spirit that he has approached this problem of constituting a new Seanad. It was in the spirit of a profiteer that, when Fine Gael offered to make a trade with him upon which he would make a double profit, he fell for it, and, having fallen for it, there he lies to-day bawling the words "indecent," and "obscene," and trying by his clamour to distract public attention from his part in this shameless bargain. Of course, Deputy Norton started with noble ideals and high principles. As he told us yesterday, he himself has no use for a Seanad. Nevertheless, he feels that if a Seanad is to be set up, it should not be capable of political manipulation. It was in this high-souled way, as pure and as innocent and as untarnished as the first snow-drop, that Deputy Norton entered on the work of the Special Committee.

That is better than the language the Minister used on another occasion. Stick to that.

But there was a serpent in that Eden, a serpent in the guise of Deputy McGilligan. He went whispering temptations into Deputy Norton's ear—new lamps for old; two seats for one—and Deputy Norton succumbed. I am not going to say that he fell without a struggle. He examined the proposition which was put before him, and, as he said himself, he did not like Deputy McGilligan's scheme. It had its weaknesses and its imperfections. Nevertheless, whatever weaknesses and imperfections Deputy McGilligan's scheme may have, whatever its faults, Deputy Norton apparently loves it still. Or perhaps, I am doing an injustice to Deputy Norton, or perhaps I am doing him less than stern justice, because as he told us he himself is not enamoured of this scheme of Deputy McGilligan, and therefore he confesses that when he embraces it he does so not for love but for profit.

Now, what precisely is this scheme of which Deputy Norton is not enamoured, but for the sake of which he is prepared to convert the Labour Party into a sort of political Wool-worths, where almost anything can be bought cheaply—I mean the real scheme, not the window dressing to which Deputy John Marcus O'Sullivan devoted so much time this afternoon? In essence, it bears the marks of a lawyer's hand, which is not to be wondered at since there were four Fine Gael lawyers drafting it. It is the sort of document with which lawyers are very familiar—a deed of sale, where one might read:

"The Labour Party, hereinafter to be referred to as the vendor, and Fine Gael, hereinafter to be referred to as the purchaser, do for certain consideration, to wit two seats in the electoral college, enter into a joint compact to do everything possible between them to discredit the present Fianna Fáil Government and Fianna Fáil administration."

Now, that is the essence of it. That is the essence of this precious proposal which has been put before us by Fine Gael with the endorsement—in the Committee at any rate—of Deputy Norton.

It is quite true, of course, that the proposal has some frills. They are set out in Clauses 4, 5, 6 and 7 of amendment No. 2. What is the effect of those clauses? What is the procedure to be adopted under those clauses? Under them the Government will put up 20 persons, 20 cards, so to speak; the Opposition will put up 14 cards; the Labour Party will put up eight cards; the whole group of Independents, with all the divergence of view which is to be found in the ranks of the Independents, are going to be permitted to put up only two cards; then, out of the cards so put up, one Party will draw out of the hand of the other Party ten cards or seven cards or four cards or one card as the case may be. Quite clearly that is not intended as a serious political proposition. It is merely an adaptation of the old game of beggar-my-neighbour—a children's game; a game for children who have not come to the use of reason, and one in which children of that age take a great delight. It may be that that is why Deputy McGilligan put in this particular device—just to please Deputy Norton.

The Minister for Industry and Commerce has already pointed out how this proposal would work out in practice. Parties would select reliable and dependable men. We all know how Deputy John Marcus O'Sullivan can gird himself with the sanctimonious robe of public spirit when he gets up here to speak, but a lot of us have seen Deputy John Marcus O'Sullivan in the rôle of one of the most astute politicians that ever graced the benches on either side of this House, and we may be perfectly certain that even if Deputy Dillon were so guileless as to put forward persons for nomination to that committee in whom his Party, his organisation, would not have confidence, Deputy John Marcus O'Sullivan, Deputy Cosgrave and the other astute gentlemen who do control that organisation would make sure that no so serious mistake as that would be made. I am perfectly certain that a body such as the Labour Party would make certain that these people who would be elected on this electoral college, as it has been called, this caucus committee as it is in fact—that they would see that those put on that committee would, at any rate, obey the Party Whip and give effect to the Party decrees in this matter of electing the Seanad. If we had any doubts in regard to that matter we have only to read Deputy Norton's speech of yesterday, in which he makes it quite clear that he has little use for any Seanad, and none at all for any Seanad that is not a political Seanad. Therefore, this is the position, that 20 strong partisans would be selected by one Party, 14 by another, eight by a third, and two by a fourth and, having reduced those by a process of mutual selection down to this committee of 22, that committee would then proceed, either by consultation or election or division of patronage among themselves, to select a body to constitute the Second House of this Oireachtas and to become one of the components in the government of this State.

Plus the President's 11.

Can we imagine what the position would be? As the Minister for Industry and Commerce pointed out last night, every single member of this electoral college would have in his own hand and by his own vote the choice of two Senators and then there would be one other to be divided out among each of the 22 and from the resultant components presumably one Senator would be made. Every Senator would be worth half an elector. Presumably, each elector would select or elect or constitute one Senator with his right hand and another Senator with his left, or, should we say, he would make one Senator when he was in his right mind and another when he was not.

Then the Taoiseach must be an octopus, he would want a hand for each. He can start growing them now.

It is quite clear that the proposition was never seriously intended except with one end in view, that the Government which would have the ultimate responsibility of putting such a ridiculous proposition to the Dáil and before the country, would be manoeuvred into the position that they have to accept the majority vote of this special committee, which is no more sacrosanct than the majority of any other Committee of the House, whose proposals would ultimately have to come here and be formally ratified by the Dáil. The Government would have to place its majority, its prestige and imprimatur upon a proposition of that sort and would have to bear before the country all the discredit. This ridiculous proposal was never seriously intended to do anything else except to bring the Government into discredit, if the Government should be so misguided as to make itself responsible before the country for a proposition of the kind.

We have heard a great deal from Deputy O'Sullivan and others about their scheme for a vocational Seanad. Was that scheme of theirs ever seriously intended? I suggest it was put up as mere window-dressing, as camouflage, as something which would distract public attention from this other proposal of theirs for a caucus committee. There are a number of very worthy bodies mentioned in the Schedule which Deputy Costello and Deputy McGilligan wish to introduce into the Bill. I see reference here to members of the Irish Cattle Traders' Association, members of the Beet Growers' Association, members of the recognised fishery associations. Then we have members of the Federation of Irish Industries, members of the Architectural Association of Ireland and the Royal Institute of Architects of Ireland. Have the gentlemen who have taken the liberty of mentioning the names of these societies in this amendment approached any one of these bodies and asked them whether they were willing that their society should be made the cock-pit of an electoral struggle, because that is precisely what is going to happen here?

Did you ask the county councils?

I did not interrupt the Deputy.

Yes, you did.

Not when he was speaking on this matter.

The Minister is a temperamental creature, and Deputy Norton will put him off; he is a poet.

Sir, shall the Dáil adjourn, or perhaps Deputy Dillon and Deputy Norton will adjourn to the smoke-room? I want to know whether these bodies were consulted because it will be some test, at any rate, of the sincerity of the gentlemen who have drafted this very florid and apparently, in their minds, very fetching scheme, for a vocational Seanad—I want to know was it ever seriously intended? It would be a test of sincerity and of serious intention if, before taking the liberty of mentioning the names of these associations in this political matter, Deputies had approached the responsible governing bodies of these associations and asked whether it was their desire, their wish, that these duties or these rights should be imposed upon them. Of course, everybody knows that they did not. Does anybody mean to tell me that an association such as the Architectural Association of Ireland or the Royal Institute of Architects of Ireland— associations formed entirely for a professional purpose—want to be turned into a political cock-pit? There is to be only one Senator elected by these two associations jointly, and does anyone imagine they will allow themselves to be turned into a political cock-pit, because that is what will happen if members have to take sides against each other in this political affair? Everybody realises that the Seanad is destined to play an important part in the political life of this country. You cannot have political life in any country without having political parties and every responsible member of the bodies referred to in Deputy McGilligan's amendment would realise that if this proposal were to be given effect to in the form in which it appears on the Paper, you would have the most bitter political division introduced into their organisations. Were the cattle traders approached? Has any other organisation, mentioned by name in this amendment, any organisation with whose name unjustifiable liberties have been taken, been approached or has its views been sought? Of course, they were not approached because the people who drafted this proposal knew very well it would not bear serious criticism. While they knew that the single practical issue in this debate was as to whether this caucus committee of 22 was to be set up or not, that other part of their proposal was only set down as something to talk about, some camouflage, something wherewith to dress their otherwise empty window.

I have heard Deputy Linehan decry the Government's action because it proposed to give to the county councils a share in the election of the Seanad.

Without consulting them.

We are told that the county councils have been constituted upon a political basis. They are there to transact public business, not to look after private affairs. The bodies whose names are set down in this amendment were formed to look after professional affairs and private business. They were not formed on a political basis, as the county councils were, to look after public affairs. Everybody knows the complexion of the county councils, and everybody knows that they are perfectly willing to accept new political responsibilities. That is one of the things for which they exist— they have political responsibility for the local government of this country—and I am perfectly certain that, having been appointed to carry that, they are quite prepared to take a share in the national government.

Even those who mismanaged the local business.

Leave it to the Appointments Commissioners.

I am not going to be put off the track. Deputy Linehan, Deputy Norton and Deputy McGilligan criticised these proposals because, they urged, we were introducing politics into the local authorities. That comes well from a Deputy whose whole anxiety in 1934 was that certain people should be permitted to contest these elections of the local authorities upon a political basis. That comes well from a member of a Party who, in 1934, set out to put the bodies upon an avowed political basis, embarking on a campaign by which he said he was going to clear Fianna Fáil and every other political opponent out of the county councils. The statement that the proposal in this amendment is bad because it would introduce politics into the county councils comes very ill from a follower of the former Attorney-General, Deputy Costello, who adverted to the fact that they were in fact bringing the county councils into the election under this window-dressing scheme of theirs and giving them the right to elect six persons to the agricultural panel. If the county councils have a right and are competent to elect six, what barrier, in principle, is there to allowing them to take a share in the election of 43? The only difference is that we are prepared to place a greater responsibility upon the shoulders of the county councils than are those responsible for this amendment. We are prepared to give them a share in the election of 43 members of the Seanad. Our opponents are prepared to give them a share in the election of six members but, so far as the principle is concerned, there is no difference. Every argument that Deputy Linehan directed against the proposal to give county councils a share in the election of the Seanad could be directed against the amendment put down by his own leaders.

The new proposals of the Government have been largely attacked by Deputy O'Sullivan because they seem to be a recession from the position foreshadowed in the Constitution where by it was hoped that, eventually, the Second House of the Oireachtas would be constituted upon a vocational basis. I am not one of those who believe that that is going to be an easy thing to do. It is a matter that requires a great deal of consideration. If you are not going to convert vocational organisations into political organisations, this principle, if it is to be given effect and fulfilled, will have to be given effect and fulfilled with very great care. We have been attacked, as I said, because of our proposal to extend the electorate and to give to the county councils representation on that electorate. We have been told that that is contrary to the principle of vocational representation. What has Deputy Costello to say in regard to that? I refer to the particular proposal enshrined in the Opposition amendment to permit the county councils to elect six members to the new Seanad. Here is what Deputy Costello says:—

"Very well, if the Minister objects to what he calls the cumbersome plan of allowing farmers and farm labourers to elect their own representatives, we shall give you an alternative one that is not perhaps so cumbersome. The county councillors are, more or less, the representatives of the farmers and the farm labourers. We will bring in the county councillors for the Agricultural Panel."

That is the reason why this proposal was adopted by the Opposition and included in their series of amendments—that they could see their way to give the county councillors some limited voice in the selection of the Seanad because the county councils roughly represent the farmers and farm labourers. That is to say, in fact, the county councils do represent agriculture in general and do represent it in a most comprehensive manner. The county councils, if you exclude the representatives of the smaller towns, are representative of the rural districts—of the farmers and farm labourers and those who have to live in close relation to the farmers and farm labourers, the country tradesmen and those who are dependent mainly on the agricultural community for their existence. So far from this proposal of ours being a repudiation in any way of the principle of vocational representation, what in fact we have done by giving the county councils a voice in the election of the Seanad is to give that principle effect by the least cumbersome method possible. Bearing in mind what Deputy McGilligan and others have said, that the Dáil and Seanad should not draw their mandate from the same electorate, what we have done is in some part to create a vocational register of electors. The same applies with certain limitations to those who would represent the county boroughs on the electorate. The councils, the corporations or county boroughs, of the larger cities represent, in the main, those who are engaged in industry, whatever their occupation, whatever their rank and whatever their position in that industry may be, whether as employees or employers, the corporators are roughly a register of industrial electors, I might say, of industrial and commercial electors, and, therefore by extending the Seanad electorate in the manner in which we have extended it to include them, we have given it a vocational tinge, a vocational turn, and we have done that without doing any violence to democracy because these people have been already chosen by the people. The fact that members of the local authorities have been chosen by the people, however much people may be inclined to decry the local authorities, has conferred on every one of them a certain cachet. Every one of them must stand well with his neighbour; every one of them must be a man of mark; and every one of them must be a man whose public integrity is well-known. There may be exceptions here and there—there are exceptions to every rule—but, as a rule in this country, the members of the county councils and the local authorities stand well with their neighbours, stand high in public esteem and are competent men. If you were looking for a system of vocational election which would not, in the words of Deputy Costello, be too cumbersome, I think you would find it very hard, within the short period left between now and 29th March, to improvise any system that would be an improvement on the system the Government has included in the proposals now before the House.

What is the main objection which Deputy Norton has to the Government's proposal? When he spoke to the newspapers, with that delicacy which characterises all his pronouncements, he said that his main objection was that these proposals were going to introduce politics into the local authorities. I have read Deputy Norton's speech in this debate with some care and I noticed that in his principal attack on the Government's proposals, he has thrown that argument holus bolus overboard. In fact, when one came down to it, his principal objection to the scheme was that it provided for nominating bodies, the aggregate membership of which, he said, would not exceed many thousands. I think those were the Deputy's exact words. His objection to this scheme was that it provided for nominating bodies, the membership of which did not exceed many thousands. That was the main ground of his objection in so far as he was able to state any grounds and in so far as he was not compelled, by reason of the compact between himself and Fine Gael, to decry any proposals which the Government might submit to this House. In so far as he was able to formulate any objection at all to the Government's proposal, he grounded that objection on the fact that it included provision for what have been called nominating bodies. He said that he objected to the scheme because bodies which do not represent many thousands are given the right to nominate. Yet, Deputy Norton said also that while, of course, he thought his own child was best, he nevertheless had a certain residual affection for the child of his Fine Gael neighbour, and while he was prepared to put the Labour Party's scheme first, he nevertheless chose Deputy McGilligan's scheme as a good second.

I wonder has Deputy Norton read Deputy McGilligan's scheme? I wonder has he read amendment No. 16 of Deputy McGilligan's proposals? If he reads it, the Deputy who objects to nominating bodies because the membership of those bodies does not number many thousands, will see that he is prepared to allow any person to be nominated by not less than two citizens who at the time of such nomination are members of any body whose objections and functions include or correspond with the interests and services mentioned in sub-section (1) of Section 37 of Article 18 of the Constitution. These people are to be nominated by not less than two citizens who at the time of such nomination are members of any such body. Mind you, they must be members of a body, and they need only be two members of a body. They might, if they liked, resolve themselves into a subsidiary organisation of that body containing only themselves. Then, this amendment which Deputy Norton thinks is a good part of Deputy McGilligan's scheme, goes on to say that the persons so nominated are "referred to as nominating body nominees." The Deputy who objects to nominating bodies because they do not number many thousands is quite prepared to accept a scheme under which only two members of any body which might be associated with the services and occupations set out in Article 18 of the Constitution can nominate, and he is further prepared to accept the designation of their candidates proposed by this amendment, that is, "nominating body nominees." I know, of course, that Deputy Norton has a hard time in trying to justify his acceptance of Deputy McGilligan's proposals, but he ought to have been a little more careful. If he is prepared to take two members of any body, and to say that they are going to be a nominating body to put forward "nominating body nominees"—I am not responsible for the phraseology, and if it jars on Deputy Norton's ears he can take the matter up with Deputy McGilligan—if he is prepared to make two members of any body a body capable of nominating "nominating body nominees," I do not see, if he wants to have authority and weight behind the nominees under this scheme, what reasonable ground he has for objecting to the nominating bodies in the Government proposals, to the fact that under them certain bodies, representative bodies, bodies of high standing and large membership, because I presume that would be looked for, are being given the right to nominate candidates here for the Seanad.

The Deputy, in his speech here yesterday, said:—

"The only difference between the Fine Gael and the Government schemes is that one will not be as capable of political manipulation as the other."

Precisely, that is the difference. It must be clear to any man of intelligence that it would be much easier to manipulate an electorate of 22 than to manipulate an electorate of 350, or almost 400 people—an electorate of 22 concentrated in one city than an electorate of almost 400 spread over the length and breadth of the Twenty-Six Counties. It is so obvious that it must be a patent axiom, that if there is going to be manipulation, it would be easier to manipulate 22 people than to manipulate say 350.

One can do the manipulation easier on the 11.

I fail to see the bearing of that. Is it merely another instance of the sort of mental confusion into which the Deputy has been put? The question as to whether the President of the Executive Council or the Taoiseach for the time being, shall or shall not nominate 11 people has been settled by the voice of the people of this State.

Go easy on that.

It has been settled by the voice of the people. The fact may not have dawned on the Deputy. I hope his ignorance is not as invincible as the ignorance of Deputy Dillon. I know that it will never enter into Deputy Dillon's comprehension that the people of this State might differ from himself and his Party on the Constitution. The fact remains that they have differed, and that the Constitution carried the endorsement of the majority of those who voted at the election. Others who did not care to exercise the right to vote have, I think, non-suited themselves. I was talking about the question of political manipulation and Deputy Norton uttered an interjection which indicated that he is still in a state of mental confusion in regard to this question of nomination by the Taoiseach. That is a closed issue. It has been decided by the people. It is part of our Constitution. That right has been conferred on the Taoiseach or the President, as the case may be, when the Constitution comes into force. I assume that if Deputies had any objection to make it was voiced when the Constitution was debated, and when they asked the people of the country to vote against the Constitution. Apparently the reasons they advanced against that proposition were not very cogent or sound ones, because they were turned down by a majority of the electorate. The position with regard to the elected component of the Seanad is very different.

A minority of the people voted for the reconstitution of the Seanad.

If a minority of the people voted against the reconstitution of the Seanad, then the minority of the people must have voted against this Constitution. In that event I do not know where Deputy Norton's remedy lies. At any rate, the people are looking forward to this Constitution coming into operation on the 29th December, and it is for Deputy Norton and Deputy Dillon, if they think this is being done despite the will of the people, to go out and offer themselves up as democratic martyrs. Let Deputy Norton resign his seat in Carlow-Kildare and face an election on the issue whether the Constitution has been approved of by the people of Carlow-Kildare or not. That is where to challenge it.

The less said about that the better.

If you wish I am prepared to say no more about it.

I got the votes there.

The Deputy has it in his power, so far as that particular portion of this country is concerned, to put the question beyond yea or nay. Let him resign, go to the people and say: "I do not believe you were in favour of the Constitution at the last election. I ask you to return me as proof that you are not in favour of it."

Will the Minister now tell us what we are talking about? Everybody seems to be lost.

It does not seem to the Chair that this is at all relevant.

After an irrelevant interjection I presume I must pursue the hare.

The Minister should not pursue any hare, but should confine himself to the question before the House.

I think the Minister should be allowed to proceed.

Why should he be allowed to proceed on these lines? What has he been at all the time?

That is a reflection on the conduct of the Chair.

The Chair is tolerant.

It would have to be when the Deputy is talking.

When the Minister was talking.

What was the Minister at?

Suffering from the mental confusion that was referred to.

Let the Minister proceed without interruption.

I was proceeding to deal with the question of election. I had dealt with the comparative ease with which a caucus of 22 might be manipulated, as compared with an electorate, consisting largely of elected public representatives, of 350 or so, when Deputy Norton interjected a remark, which indicated to me that he was not quite clear what the position was in regard to those members of the Seanad who were to be nominated by the Taoiseach. I presumed, as we are dealing with the Seanad Electoral (Panel Members) Bill that I might touch upon that and I did so. To come back to the point immediately relevant, the Constitution, while it provides for the election of 11 members by the Taoiseach—and bear in mind that the Constitution has been accepted by the people—also has a proviso in Article 18, Section 5. I suggest to the Deputy that he ought to look up that particular Article. A great deal of what he has been doing has I think been done in ignorance of the provisions of the Constitution. The Deputy is a great democrat, and believes that the majority of the people ought to rule and rule under a Constitution. This is a constitutional Government. Sub-section (5) reads

Every election of the elected members of Seanad Eireann shall be held on the system of proportional representation, by means of the single transferable vote and by secret postal ballot.

That is the fundamental issue. That is the issue that was raised.

Excepting the 11.

Excepting the 11. Again, that is the issue that the people decided.

The 11 are not yet chosen.

That has nothing to do with it. Section 5 of the Article stands alone.

Oh! I see.

If the Deputy had sufficient wisdom he would have seen that before the election. I am glad he has some constitutional vision at last.

Let not the right hand know what the left hand does.

I think that was really the principle upon which Deputy McGilligan concocted this proposal of his for 22 members, the one in which every committee man was to make a Senator with his right hand and another with his left, and I think he would not allow his right hand to know what his left hand was doing.

Which hand had to fill the two seats?

Even a Minister is entitled to make his speech without interruption. That is clear.

But the Minister is not clear.

You, Sir, have already advised the Minister that you consider it to be irrelevant to dwell at length on the Taoiseach's power to appoint 11 Senators. The Minister has gone on to develop that point notwithstanding your ruling.

Since the Chair advised the Minister on that point the Minister has not said a great deal on it. The Chair was waiting to hear the Minister developing his arguments. I am sure he will not dwell too long on that point.

Even Deputy Dillon has to be restrained sometimes. When I was interrupted I was pointing out that a sound basis for the election of the Seanad had already been laid down in the Constitution and it has been laid down in terms that are unmistakable. The Constitution provides that every election of the elected members of Seanad Eireann shall be held on the system of proportional representation by means of the single transferable vote and by means of a secret postal ballot. This proposal of Deputy McGilligan's was undoubtedly designed to get round that provision by a side wind. It meant in fact that the Article was to be thrown overboard altogether, that it was to be deliberately abandoned with regard to the first Seanad to be elected here. If that provision were abandoned in respect of the first Seanad I think it would have very little chance of being reintroduced in regard to subsequent elections for the Seanad. It was found that in existing circumstances and with the existing composition of the House it would be very embarrassing for certain Opposition Parties to have that election carried out in accordance with the provisions of proportional representation, and it was for that reason that this method was foisted upon the Committee by the Opposition. Then they said: "We will get the Government to stultify itself by accepting a proposition for the election of the first Seanad which, if not an open breach of the Constitution does try to get around that Article of the Constitution by a side wind." In order to get that accepted by other Parties in the House they offered one of them a bribe of two additional seats. They offered two seats for the votes which the Labour Party had got at the election. Then they were to get two more seats, to which they were not entitled, for the votes they had not got. Why should this bribery be confined to the members of the Labour Party? Why should it not be carried a step further? Why should not everybody who calls himself an Independent in the House have the right to one seat in the Seanad; why not be as generous to him as to the Labour Party? Why should not every member of the Independent group get two seats on this Committee? That is what I said in this letter which aroused the ire of Deputy Norton, and which apparently tickled the palate of Deputy Archie Heron, who did not seem to have heard of it at all, until Deputy Norton stigmatised it in terms which were most uncalled for. At any rate, Deputy Norton by his remarks did make my letter attractive to Deputy Archie Heron, because that letter was published on Monday morning and there was no attempt to reply to it until Deputy Norton described it on the Wednesday in this House as "indecent and obscene." It was only then apparently that any member of the Labour Party thought worth while to read it, for it was not replied to until the following Friday.

We have now been listening to the Minister for an hour and what is it all about? The fact of it is that the boys have walked out on the high falutin Constitution. A couple of months ago we were all to admire the President emerging as a knight in shining armour evoking the Holy Trinity for his Constitution and assuring us that Article 45, inserted towards the end of the Constitution, gave a warning that no court of law in the country must take cognisance of any of its provisions and assuring us that we were to have a new vocational Constitution in the State. Then we had innocent people turning round and saying, "Is he not wonderful?" and then the President bowing to them. But what is he now doing? He is acting the part of the aggrieved parent who is looking on at his unruly children and looking at them more in sorrow than in anger. He would like them to do the right thing, but they are unruly and they will disobey him. And being a loyal man he will not let on in public that he disapproves of their antics. The fact is that the President made up his mind that though he had 11 nominees in his hand that all this thing about a vocational Seanad was looking menacing what with what Galway had been threatening and he found that he could not be so offhand as he could have been three or four months ago. Accordingly the President made up his mind to consolidate his division in the Seanad. Accordingly the dirty work is passed over to the Minister for Finance and the Minister for Industry and Commerce is masquerading as leader of the revolt. He is a man who has burst asunder the bonds and the poor President knows nothing about it. He is grieved at such unruly conduct on the part of his followers. Very well, the President gets away with things like that. He is a dapper at it and no man is better able to dissemble to the people, but they are trying to find him out. We listened to the Minister for Finance doing his part for the last hour. When he sat down no man could make head or tail of what it was about and least of all the Minister himself. I would like to remind the House of the history of this transaction. We were asked 18 months ago to sit on a commission to set forth what sort of Seanad will we have if President de Valera makes up his mind that he wants a Seanad at all. To that invitation we replied that we had not the least intention of being represented on a body to deliberate on a purely hypothetical question, a question that depended upon which side of the bed the President gets out at in the morning. We said: "Let the President first make up his mind whether he is going to have a Seanad or not." That proposal was turned down by the President. All the good boys gathered in, all sat down and had a long commission about a new Seanad. They made a most elaborate report which the President put in the wastepaper basket.

He then produced his own scheme and brought it before the Dáil. When he did that, and having read it two or three times and seen that it was grotesquely absurd he ditched it. He then asked the Opposition if we would help in considering a scheme. We said that "we will, now that you have made up your mind to have a Seanad." We all went off to the Committee. It was a love feast, with the President presiding in the most benignant and charming way. No one could have been a better Chairman. The President was most anxious for agreement, and eventually we got agreement carried by eight votes to seven. When we got agreement amongst the majority of the Committee, the President said "I never meant agreement of that kind. What I mean was unanimity." The Minister for Industry and Commerce made it perfectly clear from his attitude that there was to be no agreement except on the basis of the plan produced by the President. That was not the end of our difficulty, because, having been notified in effect by the Minister for Industry and Commerce that there could not be unanimity except on the plan produced by the President, and the President having said that he could produce a plan, we broke up on that basis. Unanimity was the desideratum, and there was to be no unanimity except on the President's plan. The President had no plan. It became abundantly clear, very early, that the Government did not want a plan. There was unanimity early enough on one proposition. I think the Minister for Industry and Commerce will confirm me in this, that owing to the shortness of time at our disposal, if there was to be no departure from the Bill, we ought to have a transitional Seanad and deliberate on the form of the permanent Seanad during the lifetime of the transitional Seanad. The Minister will remember that there was an agreement one night to that effect.

Not quite.

There was agreement to the extent of 99 per cent. It was one of the things on which there was virtual unanimity. Accordingly we put forward plans for a transitional Seanad. They are contained, in the main, in the amendment before the House. During the lifetime of that Seanad we wanted the Government Party and the other Parties in this House to join with us in a Committee which would have power to send for experts and for interested parties, so that we could devise a plan whereby vocational registers would be set up, and so that the next Seanad would be elected directly from vocational registers. We would have then in this country a political sovereign assembly in the Dáil, and a vocationally elected assembly in the Seanad which would act, more or less in an advisory capacity to the sovereign politically elected assembly in the Dáil. I understand that was the underlying principle of the Constitution, and it was our object to attain for that. The Minister for Industry and Commerce said that it was quite unnecessary at that stage to postpone the consideration of a scheme. He said he could do it in a week, and the Minister for Agriculture chirped in and said he could do it in three days.

When I said all that last night I was told I was quite inaccurate.

Completely inaccurate.

Deputy Norton and Deputy Dillon are now saying it.

The Ministers came back in a week and said that they could not do it in 25 years. In saying that they were guilty of a heresy. The Great White Chief had said the other night "no". He said, in introducing the Constitution, that you could get vocational panels, and here were these presumptuous heretics saying that they could not do it in 25 years. They had the temerity to doubt that it could ever be done. That is heresy.

What I said on this happens to be in writing and is published in the report.

I know it is, but the Minister will never be forgiven for that. He had better begin by taking precautions now.

And join Fine Gael.

The Minister will have to do something. We put up proposals for a transitional Seanad, and our object in these proposals was to remove the choice of that transitional Seanad as far as possible from the arena of Dáil Eireann. Remember it was to be done before the 30th of September. That was the date stipulated by the President. He asked the Committee to give him a Seanad that would function before the 30th of September and, if needs be, another Seanad that would function permanently thereafter. We had to evolve a Seanad which would function before the 30th of September, and our prime object was to remove it, as far as we could, from the Party machine which must operate in Dáil Eireann in order to carry on the type of government that we have got. Accordingly, the first step out of the arena of the Dáil was the electoral college. That did remove it one step. The second step was to leave it to the other Parties in the House to choose the Fianna Fáil members of the college, and similarly with regard to this Party. Its members were to be chosen by the other Parties in the House. That made it more difficult for the Party machines to control the members of the electoral college. The next step was to declare that no person who consented to sit in the electoral college would be eligible for election to the Seanad itself, so that there would be no political power left in the hands of any Party in this House with which to bring pressure to bear on the members of that electoral college.

Except the President through his 11 nominees.

The power to nominate two Senators.

There would be no power left in this House once a man had got into the electoral college to make him do anything. We could not designate the men who were going into the electoral college and neither could the Fianna Fáil Party designate them. They had to put up 22 and allow the other Parties to choose 11.

You cut one off us.

We cut one off ourselves. The effect of what I have stated was that it would be virtually impossible for any Party in the House to bring pressure to bear on the members of that college. Having established the college you would then proceed to elect the transitional Seanad and it has to be borne in mind that this was a transitional Seanad. Having chosen the Seanad we add to its numbers the 11 nominees of the Taoiseach, and those nominees were to be made without consultation with any other living person. The President made no concealment of the fact that if he was the Taoiseach he would take very good care to put in the right men. This proposal of ours was assailed by the Minister for Industry and Commerce on the grounds that it was a betrayal of the principle of proportional representation.

On many more grounds than that.

The Minister for Industry and Commerce got into a state of holy fury because he said it was a betrayal of the sacred principles of proportional representation. He said that he would battle in 1,000 arenas against the scheme on account of this betrayal of proportional representation. I have often described the Minister for Industry and Commerce as a brazen-faced man. I think he rather glories in it when he is not a clucking hen.

A crowing hen.

The Minister has changed over from that. He worked himself into a rage because the principles of proportional representation were not being strictly adhered to in this proposal. And this from a Minister whose own Government instituted, at the last General Election, 21 Parliamentary constituencies, of three seats each, in order to destroy proportional representation in every one of them! This from a Government that sponsored a Constitution which provides that after 49 Senators have been elected—six by the universities and 43 by the other means provided—the Taoiseach will be in a position to put in 11 sound Party men! Has the Minister any shame at all? Apparently, he has not.

Who, in this country, would expect him to have?

Well, I suppose it was not to be expected, but still there are extremities to which the Minister can go, at which, I am afraid, we can only gasp.

We can gasp at some of the things on the other side.

I am glad the Minister did not use the word "crow."

Or "cackle."

The Minister's confusion between crowing and laying is characteristic.

It is in the Munster Institute he should be.

I am afraid you are making the Minister blush, and I think it is really unkind to embarrass him in this way. At any rate, it is gratifying to realise that the Minister is taking an interest in agricultural matters, even in this way; and I must say that, probably, he knows as much about agricultural matters as his colleague, the Minister for Agriculture —if he does not know more than the Minister for Agriculture knows. At least, he is doing his best to learn about agriculture while the Minister for Agriculture, evidently, is doing his best to forget. However, to return to what I was saying: We were always prepared to leave the election of this transitional Seanad to an even smaller body. We asked the Committee if they would address their minds to the question of choosing a small body of reputable men—a body of six or seven men.

You did not suggest who they were.

We did. We put forward three names, and the moment we did suggest them, violent objection was taken, and accordingly we said: "Very well, then; possibly, objection might be taken to the names we have put forward, but can you name any men in the State who would enjoy the confidence of the various Parties in the State?" and the members representing the Fianna Fáil Party pooh-poohed the idea and dismissed it. Our object in regard to the transitional Seanad was merely to get a body of good men named to occupy the position of Senators during the time of the transitional Seanad, and we did not care how they were elected —always provided that the Fianna Fáil Party machine did not use this occasion for the purpose of putting into the Seanad a body of disreputable persons.

Of course, the Fianna Fáil Party has no machine.

As I was saying, our object was to have a body of good men occupying the position of Senators in the transitional Seanad, always provided that there were not disreputable persons put in to the Seanad by the Fianna Fáil Party in order to discredit the whole Seanad scheme. It must be remembered that the President of the Executive Council, Mr. de Valera, boasted in this House that, when the time came for the Fianna Fáil Party to elect members to the old Seanad, they chose the most disreputable people they could find and put them into the Seanad.

That is, certainly, a very free rendering.

The President said that, while his own nominees were in the old Seanad, he deliberately chose the most absurd Senators he could find. His words were: "I deliberately chose the most absurd Senators, because I wanted to make a farce of it."

When did he say that?

Have you the quotation?

He certainly said it——

Give the quotation.

——and I must say that the poor "goms" he put into the Seanad took it all lying down.

Where is the quotation?

Look it up for yourself. I apprehended that a similar trick might be tried in this case. I apprehended that, not alone might a similar trick be tried in this case, but that unless we put the choice of these people away from Dáil Eireann, it would be physically impossible for the Parties in this House to choose Senators in a detached way—that it would be physically impossible for the Parties in this House to seek out, for the position of Senator, only men who were the most highly equipped for the position and of the greatest integrity—and that we would be forced to take political matters into consideration in choosing these men. That is what we wanted to avoid, and the only way we could avoid it was to get the choice taken out of our hands. Seeing, however, that the other side would not examine the proposal for a small nominating body—a body not greater in number than the Council of State— let us say, four or five—we then wanted to see an electoral college set up of a kind that would be absolutely independent of the various Parties; and I believe that, if we do that, we will get such a body as will choose a Seanad which will be a highly valuable instrument in the Oireachtas of this State. Mark the only really practical objection that the Minister for Industry and Commerce and the Minister for Finance make to this plan! That is, that you cannot get in Ireland 21 or 22 honest men.

Not under the system proposed here.

Is there any system for getting 22 honest men?

Not if we join with you.

The fact is that the Government Party do not want to have anything in this case but a Seanad which will be under their political thumb. Our object was to get 22 men of standing and known integrity in the country—men who would be highly equipped for the position—and it is grotesque to say that such people could not be found. For instance, we found them in connection with the Salaries Committee. Exactly the same problem presented itself when we were about to set up that Committee. We had to get a body of men who, by their well-known standing in the community, their integrity and their general equipment, could be relied upon to consider these things in an impartial way, and to deal with the matters concerned purely on their merits—men who would not allow themselves to be influenced by any Party or such considerations.

But that is not the proposal before the House.

In a similar way, this scheme was designed to get 22 disinterested persons to deal with this matter of the Seanad, and the Minister's reply is that you cannot get them. I said that it has been done already and that it can be done now. It must be remembered that, when we set up the committee to investigate the Minister's salaries, we could afford to put men on directly because they had no executive power and had to report back to the Dáil. All that they could do was to refer their findings back to the Dáil here; but here we were setting up an electoral college which was actually going to elect the Senators and the Dáil could not come into it. There is that difference between that proposal and the Salaries Committee, but here we have got, in order to get as near as we can to the virtue of Caesar's wife, to get a double number—and, according to the old Roman system, we have got to offer it to our Opposition—and to pick out of that double number, one half. Naturally, if it were a question of choosing ten reputable people of whom one could be proud, one would not dare to put up ten good and reputable people and ten worthless people, because one would be afraid that the Parties arrayed against one would, for the purpose of discrediting you, choose the unworthy nominees and reject the good ones. Accordingly, every one of us would be obliged to put up the double number of the best men we could get. So that, no matter what ten were chosen out of it, they would be ten over whom we could stand and of whom we could be proud.

The only trouble about the scheme is that it is so good, it is so certain to remove the choice of the Seanad out of the arena of Party politics, that the Fianna Fáil Party cannot persuade themselves there is not some kind of catch in it, and seeing that they cannot find out what is the catch, they make up their minds: "These fellows have fooled us so often and made rings round us so often we are damned if we are going to get caught again, the best thing, if we cannot find the catch, is to denounce the whole plan." You remember the weary days when the ex-Attorney-General was made an ass of every second week until eventually he got afraid of his life to give any opinion on anything because he was nearly always proved to be wrong. Now, the Attorney-General is not even in the House—a very wise provision from the point of view of the Attorney-General.

You might leave all that out.

Unless the Chair rules that it is not in order——

I do not think that the expression used with reference to the Attorney-General is Parliamentary or ought to be used.

What expression?

Making an ass of himself.

If you do not think it is Parliamentary I will accept your ruling, but it is the first time I heard that.

It may be the first time——

Do you rule it is an unParliamentary expression to say that a Deputy or Minister made an ass of himself?

I think it is quite unParlimentary and unnecessary, at this juncture anyhow.

That is another story. I am not asking you whether you think it unnecessary. I am asking do you declare it is not in order?

I am not going to make a ruling on a hypothetical matter. The matter I am going to rule on is this, that the reference to the Attorney-General should not be made in the manner in which it has been made by the Deputy.

I now say that the former Attorney-General of the Fianna Fáil Government behaved himself like an ass. Is that disorderly? If it is I withdraw the word.

It is quite disorderly.

You should recollect that he is now President of the High Court.

Somebody might suggest that he should attack those who are here to defend themselves. It is just a little touch of decency.

He has been frequently described in these terms and his responsibility as Minister to this House stands, even though he has gone to a loftier place. I say that the present Government, labouring under the flagellation they got in the past, view this scheme and said to themselves: "This looks too good to be true. This does look like an honest attempt to get an absolutely independent Seanad chosen on merit alone. There must be a snag in it. We cannot find out this snag, but our experience in the past is that, whenever we failed to discover a snag, we barked our shins and we were always found to be wrong and always made public fools of ourselves. Therefore, the safe thing is to repudiate the whole plan and to put up anything in preference to it." Remember, the President said that he had spent 12 months brooding on this problem and he could not get anything better than the Bill he brought before the House. He spent ten days brooding on it since the Committee ceased to sit, and he has produced an entirely new plan. Either the plan he has now produced is a bad plan in his own estimation, or else he must be a man of the poorest possible intelligence. He could not work that plan out for himself during 12 months' cogitation. The fact of it is that he produced anything rather than accept the plan upon which he could not improve, to wit, the plan enshrined in this amendment.

Does it ever occur to anybody that if it were political advantage we were after, if we wanted to get the maximum number of our supporters on to the Seanad, if we wanted to get the maximum number of Fine Gael Senators in the Seanad, the scheme brought forward by the Government will give the supporters of the Fine Gael Party, if the election is conducted on political grounds, a larger representation than our scheme will give them? If you take the members of the county councils returned on the Fine Gael ticket and add them to the members of the Dáil and set them against the members of the county councils returned on the Fianna Fáil ticket with the members of the Dáil, the voting for our respective candidates under the Fianna Fáil Seanad plan would give us more than our plan. The Minister shakes his head in denial.

I am not denying it. It is a matter of no concern.

It is true. It would give the Fianna Fáil Party more, too, and that is what they want. We do not want it. We do not want a Party politics Seanad. There is nobody so far who has had the temerity to suggest that our plan would produce such a Seanad. The worst indictment of it is that it will not work, that it will not produce anything at all. But no one suggested that the plan we have put forward will operate to increase our advantage on the Seanad. The Fianna Fáil plan will increase our advantage on the Seanad, but it will make a worse Seanad. If we want to get a Seanad created on the votes of people voting on a vocational as opposed to a geographical register, we must have time. The Minister admits that. He says he must have 25 years.

I never said that.

I do not agree. I think it could be done in a very much shorter time. I think that to do it we have to have the advice of experts, and we have also to have the representations of interested parties, not necessarily to accept the representations of interested parties, but in order to hear the claims that might be advanced for special treatment with a view to disposing of them by rational argument. I am convinced that we can get that if the House will only have patience. I am quite prepared to say this, that if we cannot get it, then we can go back to some scheme such as that sponsored by the Government. If we cannot get a vocational register, as I am convinced we can, I think the difference between the various systems of choosing the Seanad becomes a matter of minor importance. If we can get a vocational Seanad, then I think we are making a most valuable experiment in the science of government. While we are making an experiment in the science of government, we are not making one which would threaten the safety of the State, because the Seanad, as at present provided for in the Constitution, has very limited power and could not upset the Government very seriously, even if it proceeded to act in a wholly unexpected way. But, at the same time, it would function as a vocational body. It would be in accord with the alleged spirit of the Constitution, and it would be in accord with what, I think, is probably the proper trend for the future—the development of popular government in every democratic country.

We are going to throw the opportunity of making that experiment away, and we are going to throw it away for all time, because there can be no question whatever that if we establish a permanent Seanad now, there will be no opportunity of revising that in the lifetime of anybody sitting in this House. We have already smashed one Seanad, and it would become grotesque to smash another Seanad in order to set up a third Seanad. We have an opportunity now of making this experiment, and making it satisfactorily, and we are going to throw it away simply because the Fianna Fáil Party apprehended that there is some snag in the proposal for a transitional Seanad.

How are we throwing it away?

Because you are going to establish a permanent Seanad.

Not necessarily.

I do not know what is in the mind of the Government. All I know is what they put on paper. What they are thinking is another story. God knows, that is a maze through which no rational man can find his way.

According to your proposals on the paper you are going to establish a permanent Seanad. My submission is that once you do it, it becomes politically impossible to revise that in the hereafter, certainly not in our lifetime. Remember, the position with which we were confronted. We were asked by the President of the Executive Council to give him a Seanad that would function before the 31st December, 1937. The President agreed that the best thing to do would be to give him a transitional Seanad and then to work out a permanent Seanad at our leisure. We have offered a plan which, according to every test, operates against the party political advantage of the United Ireland Party. We offered him a plan which, we were glad, should react unfavourably to the party political advantage of every Party in this House. We offered him a plan for the transitional Seanad which would produce an excellent body if any system of choice could do so. We offered him a plan which was not perfect because we told him at an early stage of our deliberations that no human institution would ever be perfect but that it was as near perfection as we believed it was possible to get it unless you found an absolutely perfect individual who would do the nominating himself. We offered him a plan which gave the Labour Party a voice greater than that to which their numerical strength entitled them in the choice of the 43 Senators, but we did it in the knowledge that if we were increasing the Labour Party's membership of the electoral college by two, the Constitution had increased the Taoiseach's representation in that electoral college by six because if each member of the college has the right to nominate two, then the right to nominate 11 was the equivalent to six members of the electoral college.

If they were getting an addition of two in their representation in the electoral college, the Constitution gave the Taoiseach a representation of six in the electoral college and the only people who made a substantial sacrifice under that arrangement was the United Ireland Party. We made it willingly because we believed our plan would work. We believed that out of the college would come a Seanad which did not reflect any Party. I am not sure that the Labour Party approved of that. I think that they said they preferred a political Seanad. We did not. We were convinced that our system would produce a Seanad that did not contain a political Party. We were convinced that our plans would produce a group in the Seanad which we could not control and we wanted a Seanad the members of which, chosen through our representatives in the electoral college, would run amok, so far as Party discipline is understood in this House. That was our object; it is still our object but it is not the object of the Fianna Fáil Party. They do not want it. That is the real issue joined between us and what I think is tragic is that we are throwing away an opportunity of getting a real vocational Seanad because the Fianna Fáil Party are afraid to make that transitional experiment.

At this stage, I do not think that argument avails much. They have taken fright. They think their political sun is setting. It is; they are going out like every other political Party goes out but they are not done yet and I have no doubt that if they have patience they will come back again in due time. However, their day is going out and they need not get excited about it. It is a foolish thing to try to buttress up their position in the Seanad in the hope that it will survive a general election and that they will have something to fall back upon.

The Seanad will be dissolved simultaneously with the Dáil.

There are a few things left in the background.

If they would only think calmly, they would realise that it is a good thing that they should have come in as a Government and have learned by experience a little commonsense— I emphasise "a little"—and that they in their turn should allow some other Party to succeed them, so that the ordinary normal swing of democratic politics can function in this State. I think that they are getting cold feet, getting panicky. It is a tragic thing that panic should have smitten them in connection with this Seanad proposal. It would have been a good thing for the State if all Parties at that Committee could have agreed on a plan which was to the Party political advantage of nobody. It would have been a most valuable milestone in the history of the State's progress. The Minister is a bit of a cynic in these matters. He is pleased to call himself a realist, but I think that part of his cynicism is wrong. This country stands in need of gestures of that kind. I agree that in countries with an older democratic tradition and more firmly established institutions, gestures of that kind may not be expected and are not, indeed, necessary, because the ordinary democratic fluctuations occur regularly and are so much a part of the accepted democratic life that it never dawns on anybody to question them. Here different circumstances prevail.

Despite what our critics say we have surmounted obstacles in our way with astonishing success, but it would have been a valuable contribution to government and to stability if that Committee had succeeded in agreeing upon a compromise by which every Party to the Committee would have lost something. It would have been an admirable thing if the two big Parties, who have hopes of forming a Government, had made a sacrifice for the smallest Party. It would have been a demonstration and a recognition on the part of us, and on the part of Fianna Fáil, that it is an essential element in successful Parliamentary government that the minority in the House should be listened to with respect and that their representations should be reasonably considered. There has been a tendency, in the Fianna Fáil Government particularly, to ignore absolutely the representations of the minority. It is true that when the Cumann na nGaedheal Government was in office, Ministers went out of their way to be polite on various occasions to Fianna Fáil. I do not say that they had not an ulterior motive.

Read the debates and you will find out. Representations made by Fianna Fáil, when they were in Opposition, were treated with marked attention. I do not deny that Cumann na nGaedheal had an ulterior motive. They wanted Fianna Fáil in this House. They wanted to persuade men like the Minister for Industry and Commerce that Parliamentary government was better than blowing up bridges, and they did so persuade him. They eventually trimmed his hair, tidied him up and made him a potential Minister. Eventually they planted him on the other side and made a Minister of him. He is a much better man now than he was ten years ago. I do not deny that Cumann na nGaedheal was leaning back in order to achieve that end.

The Deputy was not here then or he would not say that.

I do not expect as much forbearance from the Government as the Government got from their predecessors in office, but I think it would have been a prudent gesture if these two big Parties had confronted the Labour Party and simply said: "In order that your views may be adequately heard in this matter, we give you this extra representation," just as I am convinced that it would be a prudent thing for the Government, no matter what Government occupies those benches, always to take up the position, if strong representations are made by responsible members of the Opposition, of promising to consider such representations, because when that attitude is taken up it puts a burden of responsibility on the Opposition that they do not carry when they know by experience that every proposal they make is automatically rejected.

I am convinced that it has been a great pity, from every point of view, that the Government have taken up the attitude they did in regard to this Seanad Special Committee. I despair of persuading them to mend their hand now, but I do want to emphasise that our proposal was for a transitional Seanad; that our proposal incorporated the intention of getting vocational registers whereon to found a permanent Seanad; and that, consciously, deliberately, we proposed that the two big Parties here should strengthen the voice of the Labour Party, not because we believe that in many matters we would think with the same mind as the Labour Party; not because we believe that the Labour Party, now or hereafter, would probably agree with us in their fundamental philosophies, but because, being democrats, we believe it a useful thing to let their voice be heard, even if now or in the future we made up our minds that, having allowed their voice to be heard, their opinion would not prevail. I think that is sound politics. Yes; I think it is sound politics from every point of view, both from the point of view of statesmanship and from the point of view of the pure Party politician. Stability is a useful thing in this State, and stability can only be secured by giving every section of the community an opportunity of being heard, of being listened to within reason, and of being deferred to in so far as is consistent with the right of the majority to rule in the long run.

I am one of those who, in the political sense of the word, believe that the majority has the right to do wrong. I emphasise "in the political sense of the word". There is a specious, philosophical sense in which one may rightly say that the majority have no right to do wrong, but in the ordinary day-to-day activities of politics I believe that the majority have the right to do wrong. At the same time, while they have that right, they have a heavy obligation to hear the minority, and not to attempt to use their power to trample on the minority. The spirit of the Fianna Fáil attitude towards the whole of this business has been that any attempt to defer to the minority or to give them an opportunity of being adequately heard was heresy; that because Fianna Fáil has 69 members in this House they must have the right to jump on everybody's face, and that it is a most awful falsehood to suggest that they have not got that right. Now those are the facts, and I think the Government are doing the country a great injury in the attitude they are taking up here. I am afraid that the Government proposal for the constitution of the Seanad will result in the destruction of the institutions of this country, and I am quite convinced that, if such destruction is achieved through Government machinations, they will have done a real and lasting injury to this country in which we are all supposed to be interested.

There was one value in this debate this evening, and that was that the Minister for Finance felt it desirable to intervene to give us his views as to the manner in which the Seanad should be elected, and to tell us of the kind of pure-souled principles that were actuating the President in the construction of his new Seanad. I cannot congratulate the Minister on the clarity which he displayed in explaining the Government's intentions, but I do want to mark my appreciation of the very considerable improvement in his manners this evening compared with those shown by him on another occasion. Unfortunately, what he made up for in that respect he apparently lost in respect of common sense. We had a lot of talk from the Minister for Finance here this evening, just as we had some letters from him in the Press, in which he sought to give the impression that there was an agreement or a bargain between the Fine Gael Party and the Labour Party in respect of the amendment which has been moved by Deputy McGilligan and Deputy Costello. The Minister for Finance was here in the House when I spoke yesterday evening, and it passes my comprehension how a Minister, who was apparently awake the whole time and is apparently possessed of ordinary hearing faculties, could be here for so long and yet hear so little. I imagine the real explanation is that the Minister did not want to hear anything which was disagreeable to him. Such portions as he chose to hear he examined to see in what way they could be misrepresented from his own standpoint. Then this evening we had the Minister delivering a speech here which was completely divorced from the actualities of the situation.

Yesterday evening the Minister for Industry and Commerce said that the Labour Party was attracted by the scheme proposed by Deputy McGilligan at the Committee to such an extent that, in fact, it voted against its own scheme. Now, I do not want to suggest that the Minister was deliberately untruthful when he made that statement, but it is very difficult to believe that a Minister could make a statement of that kind without knowing that he was saying something which was deliberately false. I have here the report of the Committee, which indicates clearly what happened to the Labour Party's proposals when they were being discussed by the Committee. I submitted a scheme to the Committee on behalf of the Labour Party, and that is the identical scheme which is set out in the amendments that I have submitted to this Bill. It provided for Dáil nominations and Dáil elections, to give us a Seanad which could be got together easily, based on the principles of proportional representation throughout, and not capable of the political manipulation with which the Government's scheme is saturated. If we must have a new Seanad—if the President has changed his mind and now wants a new Seanad—I was perfectly prepared at the Committee and still am prepared to accept a scheme of Dáil nominations and Dáil elections. I put a proposal to the Committee with that object in view. The report of the meeting of the Committee which was held on Wednesday, 3rd November, shows that a motion was moved in those terms:—

"That Deputy Norton's scheme, as set forth in his memorandum, be adopted."

According to the report, the decision on that motion was: "A show of hands disclosed two members"— Deputy O'Brien and myself—"voting in favour of the scheme, and ten members against," so that, when the Labour Party's scheme came before the Committee, the Government Party joined with the Fine Gael Party and the Independent Deputy on the Committee and voted against the Labour Party's scheme.

We might, therefore, just as correctly say that the Fianna Fáil Party conspired with the Fine Gael Party to defeat the Labour Party's scheme. There would be just as much truth in a statement of that kind as in the innuendoes, the half-truths, which have been circulated in this House and outside this House by people whose regard for veracity is not too high. If the Labour Party's scheme was not carried at the Committee it was because the Government Party and the Fine Gael Party voted against the Labour Party's scheme, and in that manner defeated it. The Minister for Industry and Commerce last night tried to give the impression that the Labour Party actually voted against its own scheme. The official report of the Seanad Select Committee shows clearly that the Labour Party voted for its scheme at the Committee, and that that scheme was defeated by a combination of the Government Party and the Fine Gael Party. I hope after that statement, quoted from the official report of the meetings of the Seanad Committee that no further effort will be made to make statements which I can only conclude are deliberately made to give a false impression of the actual position.

Does the Deputy say the statements are deliberately made to give a false impression?

Which I can only conclude are deliberately made in order to give a false impression.

I take it the Deputy knows what that conclusion amounts to?

The conclusion to me has this meaning that the statements are being deliberately made—you must have heard them here this evening. I want to suggest too that the purpose of making these statements is to give a false impression of the position of the Labour Party, because it certainly does give a false impression.

If statements are deliberately made to give a false impression there is only one conclusion to be derived from that.

May I submit that last night the Minister for Industry and Commerce stated here that the Labour Party voted against its own proposal in order to give its adherence to the Fine Gael scheme. I stated last night that that was not true and I referred the Minister to the report of this Committee and the Minister stated that that fact was not in the report. A Minister is allowed to make a statement of that kind and am I to be impeded in definitely nailing that incorrect statement—I would call it another type of statement if I were outside the House?

If the Deputy calls it an incorrect statement, it is one thing; but if he says a misstatement is deliberately made by another Deputy, he is clearly saying that the Deputy has told a lie.

Not at all.

I take it that every statement made here is made deliberately. We ought to have some clarity and definiteness.

We have clarity and definiteness on the point that the statement of every Deputy in this House is taken in good faith as being a statement the Deputy believes. Deputy Norton charges a Minister with deliberately making a statement which he knows is not true.

That is not what the Deputy said. He said he deliberately made a statement to create a false impression, or some phrase like that.

I suggest that the Chair is now saying something and attributing it to me which, in fact, I did not say. I stated that Ministers had made deliberate statements—I take it every Deputy makes a deliberate statement— and that these deliberate statements, not thoughtless kinds of statements, but definite and positive statements, were made and that they gave a false impression, as they do.

That is different. If the Deputy says that, I will let it pass. The first statement was not quite on all fours with that.

It was certainly not on all fours with what you have announced.

Deputy McGilligan must understand one thing, that it is for me to understand with my own understanding what Deputy Norton said.

Nobody objects to that, but may I point out that it is also my privilege to say that you have taken a wrong impression of what the Deputy said and, when you quote his statement, I am entitled to say that you are not quoting correctly, and I do say it in this case.

I am not denying Deputy McGilligan the privilege of quoting what another Deputy said, or purporting to quote it; I am not denying that at all. But Deputy Norton's first statement was not the statement he is after making now.

I have not said a word on that. I have intervened on another point, and that is that Deputy Norton's statement was not the statement you purported to quote from, and I think that is correct.

I think I have said sufficient to make it clear that the Labour Party on the Committee voted for its own scheme, and that was beaten by the Minister lining up with Deputy McGilligan, voting against the Labour Party's scheme and defeating it. That, at all events, ought to lay that hare, and I hope in future that Ministers will try to be guided by actual facts and the correctness of official reports rather than rely on mischievous impressions which try to put the Labour Party in a position which is removed from the real position in which the Party stands. The Minister for Finance this evening, apparently mustered up all his histrionic talent, put on the mantle of the misunderstood Minister who was offering democracy to everybody, and he was rather amazed that nobody could appreciate at its full value the gift he was offering. He wondered why anybody should be so doubtful as to the benefits which would be conferred on the people and on this Legislature by the proposals set out in the Government measures. He told us the scheme submitted by Deputy McGilligan was a scheme not based on proportional representation, and, after attempting to criticise the scheme from that standpoint, the Minister was terribly annoyed that anybody would suggest that the President would use his 11 nominations in a way that would amount to political manipulation. He was horrified at the thought that the President would do anything other than the correct and just thing in respect of the 11 nominations.

It is because the President has the 11 nominations, and there is the possibility that he will use them to take 11 camp followers into the new Seanad, that I am positively afraid of the provisions of the Government Bill, and I want to amend those provisions in such a way that they cannot be manipulated in the interests of a political Party. It may be there is no ground for saying the President would put 11 camp followers into the new Seanad, but let us see what the President thinks of the manner in which he would execute that task. Speaking in the Dáil on the 12th December, 1935 (Volume 59, column 2661), the President, referring to a possible scheme of constituting a Seanad under which the President would nominate members to the Seanad, treated us to a discourse on the President's difficulties in a case of that kind. Here is what the President said:—

"A President is not independent in these cases. He cannot be. He, also, will be a member of a Party— if we are going to have this Party rule which has been praised so much from the opposite benches. He, also, is a member of a Party, and he cannot get his work done unless he is able to bring his Party with him. Is any person so foolish as to think that the leader of a political Party is in such a position of independence that he could nominate the persons he thinks best? He, also, has to get agreement—just the same as the humblest member of a Party. During certain periods he may have more influence, but it is not a lasting influence, and when we see what has been done in the past in the way of nomination in such circumstances, we know what would happen."

And to show that this was not merely the difficulty of a President here, the President went on to to quote the case of Canada and he said:—

"The example of Canada has been the subject of writing by Canadians. They have a type of nominated Seanad there and it has not worked out well-in the opinion of Canadians, at any rate. The history of these nominations shows that people are nominated by the Prime Minister for the time being, who puts into the Seanad people of his own way of thinking, people who have rendered service to him in a political way in the Party, and so on."

So there we had the President frankly confessing the kind of dilemma in which he would be placed if he had to nominate a Seanad. It is true the President will not have that task in full under this scheme, but he will have a portion of that task to discharge. He will not have the same difficulties with the whole 60 members of the new Seanad, but he will have a task with 11 of them and, according to the President, it is quite impossible for him to divest himself of the knowledge of the political responsibility to his Party which goes hand in hand with the fact that he has the right to nominate people to the new Seanad, and that he must put into that body people who have rendered service to him in a political way in the Party, and so on.

That is a fair and frank statement by the President—an indication that. when it comes to making the 11 nominations in the new Seanad, the President will be coerced into putting into that House people who have rendered service to his Party. The President has confessed that he dare not put into the new Seanad the people he thinks best, that he has got to get agreement and his camp followers and Party managers will impress upon him the desirability in the Party interests of putting in, so far as these nominations are concerned, persons who have rendered service to him in a political way. It is because the President has these powers and may use them in that way —a way in which he indicated he may be compelled to use them—that I am frankly afraid of the manner in which the new Seanad will be constituted. I am, therefore, prepared to vote for any reasonable kind of amendment which will prevent this Bill being used in the interest of a political Party or which will render it incapable of manipulation on behalf of a political Party.

It is suggested by the President that we ought to have a Seanad elected upon a vocational basis. When the President was abolishing the last Seanad, he did not think it was so easy to get a vocational Seanad as he now thinks it is. On that occasion, the President discoursed at some length on the manner in which new Seanads might be constituted and spent some time in examining the method which might be adopted to elect the new Seanad. He told us on that occasion that there could be a method of nomination, that there could be a method of direct election and that there could be a method of vocational election. He told us also that "nobody has proved that a Second Chamber is essential to the good working of a democratic Legislature." The President is now convinced that the absence of a Seanad is, in fact, a barrier to the good working of a democratic Legislature.

Notice taken that 20 Deputies were not present.

House counted, and 20 Deputies being present.

The President believes that it is possible to get a vocational Seanad. The Minister for Industry and Commerce and the Minister for Finance agree with the President in that respect. There has not been any very great change in vocational organisation in this country in the past couple of years. I have here the views of the President in respect of vocational Seanads on the 28th May, 1936, as recorded in Volume 62, column 1200 of the Dáil Debates. The President, theorising as to the manner in which the Second Chamber might be elected, said:

"We have already had a suggestion of nomination. I have tried on more than one occasion to work out the constitution of a Second Chamber on the basis of vocational representation but I found, first of all, that we are not organised in that sense here in a way that would enable us satisfactorily to choose such a Second Chamber and, secondly, that I certainly could not fulfil the second part of the election pledge we gave if I were to attempt to form one. I do not think you can really get satisfactory vocational representation with a number as small as the number I have had in mind. When I was speaking on this question here some years ago, I expressed the view that we should have a Seanad not of 60 members but of about 45 or 35 members."

Asked "why" by Deputy MacDermot, the President said:—

"Mainly because I did not think that it was worth while to spend money on a larger number."

Now we are having a Seanad of 60 members though the President thought last year it was not worth while to spend money on more than 35 members. The most striking portion of the President's statement was, however, that he did not believe 12 months ago that you could get a satisfactory vocational Seanad. Here, to-day, we are being asked to elect a Seanad on a vocational basis as if all the difficulties which the President then envisaged had disappeared in the meantime. The Minister for Finance, when speaking on this matter, said the Labour Party appeared to have no use for any Seanad which was not a political Seanad. That is not the position at all. The Labour Party have been realists in this matter. We believe that a Seanad charged with the responsibility of dealing with legislative matters which are the embodiment of political philosophies will inevitably be driven to consider these matters from a political standpoint. In other words, if a piece of legislation passes through this House enshrining a particular economic philosophy and that measure has also to be passed by the Seanad, then the viewpoint of the Seanad in respect of that economic philosophy will find an outlet by criticism or support of that Bill. It is absurd to imagine that you can ever get a Seanad, here or elsewhere, which will not, because of the nature of its work, be a political body. It is inevitable that the Seanad will be a political body. I prefer to recognise that fact at this stage and provide that, being a political body, it should be constituted in a way which would take cognisance of the fact that it is charged with political tasks and that, being a political body, representation should be provided in that Assembly on some fair basis for all the groups represented in this Assembly. It is not so long ago since the President believed the same thing. The President now imagines that you can get a non-political Seanad of 60 people, representative of these various arts, crafts and sciences, and that these representatives can be induced to remain members for five years without having anything to do with political thought or political philosophy. He believes that, no matter what their politics may be, they will rigidly eschew political considerations when dealing with Bills which are an embodiment of political thought. I say that that cannot be done. I think it is humbug to suggest it can be done. It is not so long since the President believed the same as I believe, as a quotation will show——

The Deputy need not say that I believe the same as he does. He may quote but he cannot come to that conclusion.

I say that you cannot get a non-political Seanad.

I never said you could and it is not proposed here to get a non-political Seanad.

The President must not have been listening to the Minister for Finance.

I am not speaking of the Minister for Finance.

I am speaking of the Minister for Finance and he said things which the President would not like to have said. The Minister for Finance is going to vote on this Bill. He has been permitted to discourse on this matter and I think it is only fair that we should be allowed to deal with the points made by the Minister

I do not want to interfere with the Deputy, but he has said that I think as he thinks on this matter and he has drawn unwarrantable and unwarranted conclusions from these statements. I stand over these statements as expressing facts as I understand them, and there is no suggestion in this Bill that you will have a Seanad which will be a non-political Seanad, and nobody has suggested it.

Will the President stand over the other statement I quoted, that it had not been shown that the constitution of a Second Chamber was necessary for good government in a democratic State?

That cannot arise now.

My position is perfectly clear in this matter. I take the view that the Seanad will be an avowedly political body. The Minister for Finance thinks it will not, but that it will be a vocational body. Did he not treat us this evening to a long discourse on the vocational character of county councils?

Surely the Deputy does not want to suggest that political and vocational are completely exclusive?

I am going to deal with the speech of the Minister for Finance. I know that it is a rather embarrassing kind of speech for the President, just as the Minister's letter is embarrassing, but he treated us to a discourse on the vocational character of the new Seanad and the manner in which we can best get that vocational character because of the fashion in which it is proposed to constitute the new Seanad under the Government amendment. I say that you cannot get a non-political Seanad, and that in fact you will get an avowedly political Seanad, and, consequently, it is a waste of time and mischievous in a number of other ways to bring county councils into the election of the new Seanad. You may as well face the fact frankly and have the new Seanad elected by this House and not bring these bodies into the business of electing a new Seanad when there is no case whatever to be made for bringing them into a matter of the kind.

The President was of the same mind not so long ago. He believed that the Seanad would be a political body because in Volume 6 of the Official Debates of 28th May, at column 1202, he said:

"Political experience now is going to tell us that, no matter what may be the ideal on which a representative Government or other Governments are formed, where there are political Parties there will be political partisanship and, ultimately, there will be voting by Parties on that basis, and not after calm and individual consideration of questions on their merits. That is the thing that you have to face. That is the course which Second Chambers are likely to run, just as primary Chambers run in that way."

Of course, the President was perfectly right when he said that. The President was talking from real experience when he made that statement. He knows—he is much too astute politically not to know—that the new Seanad is going to run on avowedly political lines. I said last evening that all the politicians, prospective and past, are buckling their belts and already the campaign is in full swing for getting election to the new Seanad. We need have no doubt whatever about it—the new Seanad is going to be an avowedly political body. If, by any chance, it should disclaim that political partisanship at the outset, I venture to say that when the speeches of these new Senators in the course of their five years of office are read, we shall see a considerable amount of political partisanship displayed in them. If, therefore, we are going to get a new Seanad which is going to be a political body— and the case for the Labour Party scheme is that it is going to be a political body—I think the best method of electing it is by means of Dáil nominations and Dáil elections.

The Minister for Finance this evening chose to think that the Labour Party was wholeheartedly in favour of the scheme proposed by Deputy McGilligan. I said at the Committee and I said last night—apparently no matter how often or how clearly one says a thing, the Minister for Finance will not hear it if it is unpalatable to him—that I do not like the entire amendment which Deputy McGilligan has proposed. There are objectionable features in it, and one of the objectionable features is the quasi-vocational scheme envisaged in it. I dislike that portion intensely. It is an unsatisfactory feature of the amendment, in my opinion, but when I am put in the position of looking at that amendment, with its advantages and disadvantages, as compared with the scheme envisaged in the Bill, I prefer that amendment. That is the simple position of the Labour Party in this matter, but I prefer the Labour Party scheme to the Fine Gael or Government schemes, and my hope is that the adoption of this amendment would at least be less harmful than the adoption of the Bill, or the alternative Government amendments.

The Minister for Finance told us this evening that this county council scheme represents the best method, in the view of the Government, of electing the new Seanad. Of course, it is the best method from the standpoint of the Government. It is clearly the best method of giving the Government a majority in the Seanad. We all know that, in 1934, an effort was made by a certain person who was then the titular head of the Fine Gael Party to capture control of the county councils. He boasted that he would win 22 out of 23 county councils, and the overriding consideration of the people at that time was to try to beat that attempt to wreck the social services of the country and to bring to an end municipal government as we knew it in this country. That was the overriding consideration then and many people went to the polls and voted for candidates for whom in ordinary circumstances they would not vote. The result, happily, was that that menace to municipal government was beaten, but you have a peculiar type of local authority elected in consequence, and these local authorities are now functioning for longer than their statutory period. The normal period of a local authority is three years. The local authorities should have been out of office last June and the people should have been provided with an opportunity of electing new local authorities. We are bringing into this scheme, the election of a new Seanad, an electoral college composed, in the main, of persons who are members of local authorities functioning outside their statutory period of office and, of course, elected on the old franchise.

But we are doing more than that. The State, acting through the Minister for Local Government, has found it necessary to suppress some of these local authorities for what we are informed, on the authority of the Minister for Local Government, was gross mismanagement of public affairs. The Minister considered it necessary to prevent some of these local authorities from having anything whatever to do with municipal government in this country; but, for the purpose of electing the new Seanad, these incompetent and discredited people, in the view of the Minister, are being revived to enable him to elect one House of the Oireachtas. The Minister for Local Government will not let them deal with sewerage; he will not let them build a single labourer's cottage; but the President says they ought to be reconstituted and we ought to let them take a hand in electing the Second Chamber. What is the object of that? If these local authorities were incompetent; if they were guilty of mismanagement; if they were guilty of inefficiency and were so disreputable in the conduct of their municipal affairs, that they would not be allowed even to look after the repairing of a labourer's cottage, what is the case for reviving them for the purpose of enabling them to elect one House of the Oireachtas? You will trust them to elect one House of the Oireachtas, but you will not trust them to erect a single labourer's cottage. That is the scheme the Minister for Finance was so eloquent over this evening. He asked, what more competent people could you get than the local authorities. I wonder whether the competent people are to be found in the suppressed local authorities. They were suppressed because the Minister for Local Government, the immediate subordinate of the President, considered the members to be incompetent. Yet these people are going to constitute portion of the electoral college, and are going to determine whether the Government will or will not have a majority in that House.

Somebody said that the dividing line between genius and insanity is a very thin one. I think there is considerable truth in a statement of that kind. In the crazy scheme that has been submitted to elect a new Seanad there is considerable political genius. From the Party point of view, I complimented the President on the manner in which he has turned what was apparently a crazy scheme into one which shows the hallmark of his political genius. This crazy scheme has been decided upon, because, when you overlook its imperfections, the net result is that it is in the interests of the Government. This scheme will give the Government a majority in the new Seanad that they cannot get, either by proportional representation in this House, or on the votes which they got at the last election. This crazy scheme is designed to give the Government a majority in that House. I think it will give give them a majority in the new House, even if the President did not use his 11 nominations by putting camp followers into the Seanad. It has all the ingredients of a scheme designed to be capable of manipulation in the interests of a political Party. The whole object of it is to enable the Seanad machinery to be manipulated in a manner that will give the Government a majority in the new House. If they cannot get it in that way—though, I believe now that they will get it—the President has 11 people in his pocket who can be put into the new Seanad. Twelve months ago he stated that, in certain circumstances of that kind, the President would have to put into the new Seanad people who were political servants of the Party in power.

The Minister for Finance made considerable play this evening, much to his own amusement, with the question as to whether the nominating bodies referred to in the amendment had been consulted. He thought it a horrifying thing to suggest to the nominating bodies that in fact they should be asked to do this task without their prior agreement having been obtained. I asked the Minister for Finance whether the county councils or borough councils were consulted, as to whether they were willing to provide members to constitute the electoral college. We did not have any reply from the Minister, except fumbling, which indicated his embarrassment. Apparently the nominating bodies must be consulted before they are asked to put members in the electoral college, but county councils will have work thrown upon them, even though they are not fitted for local government. The Minister for Local Government suppressed a couple of county councils and Commissioners are functioning in their places. He is now going to ask people that he sentenced to ostracism for county council mismanagement whether or not they will provide members for the electoral college. Despite all the ostracism that he put upon them, and despite all the incompetence of which he accused them, he is now going to say: "Incompetent and incapable as you are, you will form portion of the electoral college for the reconstitution of the Seanad under the new Constitution of Eire." If any bodies deserved pardon and an apology from the Minister for Local Government for having suppressed them, they should get it in connection with this Bill. He should write to the county councils to-morrow, telling them that, in view of this Bill, he would remove the Commissioners and put them back in power, because there was a certificate now from the Government, that people of that kind were competent to elect one House of the Oireachtas. It is a strange development, and a strange attitude, and the only explanation is that, in order to gloss over his indefensible inconsistencies, the result will be good from the Party point of view, and that consequently that justifies the arrangement in the long run.

I stated that for the Labour Party at the Committee, and I state now that, in my opinion, the simple method of electing the new Seanad is by permitting Deputies who are elected directly by the people to make nominations to constitute the new Seanad; to permit Deputies who are elected on the widest possible franchise, and know the viewpoint of the people they represent, to elect a new Seanad on the principle of proportional representation. The Government Party suggest that we prefer the Fine Gael scheme. We do not. If we cannot get our scheme through this House it is because the Government Party and Fine Gael are so opposed to it that we cannot carry it. Even at this stage I suggest to the President that our type of Seanad would be as good and, in my opinion, be much better than the type of Seanad proposed to be set up by the alternative Government amendment. I think it can be got speedily, and that full range could be given to proportional representation in the 43 to be elected by the Dáil. That cannot be done in respect of the 11 nominations of the President. Our proposals would give a much better Seanad than the Government's proposals. A Seanad could be got that way easily and simply, after allowing for the idolatrous worship of the principle of proportional representation which the Minister for Finance indulged in this evening.

I want to see the new Seanad, elected on the principle of proportional representation, elected by the Dáil. From Dáil nominations, in my opinion, you will get as good a Seanad as could be got any other way. You can get a vocational Seanad in that way, even though you have no adequate machinery, because you could require the Dáil through this Bill, to elect people to the various panels, having regard to their professional and vocational interests. I think that is the best scheme. I agree that the Government is entitled to think that it is not the best scheme, that their scheme is a better one, but I resent very much the mischievous innuendo, which suggests that the Labour Party ran away from its own scheme to support another scheme. The Labour Party's scheme was defeated by a combination of the Government and the Fine Gael groups on the Seanad Committee. I venture to say that in a similar division in this House, unless the President changes his mind, the Labour scheme will be again defeated by a combination of Fine Gael and Government efforts.

As far as the Seanad is concerned, my point of view has been always clear. No one has been able to show me the utility of a Second Chamber. At one time the President was of the same opinion. The President has changed. My view is that no case could be made for a Second Chamber, and until we know the need for a Second Chamber I do not see why we should constitute it. Unfortunately, that question was decided in some kind of way by the people at the recent election. Of course, it is possible to amend the Constitution by ordinary legislation within three years. The explanation of the difficulty of electing a Seanad is that we are trying to devise for use in this country a piece of legislation for which we cannot find a proper use. We do not know what kind of body we want to constitute, simply because we do not see any need for a piece of machinery of that kind in our legislative affairs.

I suppose it is appropriate enough in a Bill dealing with a bicameral system of government that the talk of bed fellows should be so much about the House. Deputy Norton was right in saying that at one time, to his astonishment, he found that the Government Party and the representatives of my own Party were occupying the same couch. He might have gone on to point out that the amazing position was reached on Thursday night, 28th October, that we were all snugly under the same counterpane.

Not under the same counterpane.

Well, call it a patchwork quilt. The whole of us were tucked in under it, and the first to kick the clothes aside was the President. He clambered out and took his crowd with him. That is the first thing to be implanted in the minds of people who are considering this matter, that we did come to a certain point of agreement. This agreement was circulated in a memorandum by the President. When we came to vote on that the President voted against it, and the only other people to vote against it were his Party nominees on the Committee. That is a matter that has to be explained. I talked about it last night, and I thought that there might be some explanation given.

None will be given. I am not going to go back on that Committee.

I suppose the only thing the President thinks it necessary to apologise for is that unseemly act.

It is not a bit unseemly. The only thing that is unseemly is the Deputy's misrepresentation of what is contained in the document, and I am not going to go back on that.

Phrases that I used last night were described by the Minister as inaccurate in respect to every expression attributed to some Government member. Deputy Norton has quoted these. He did it after the Minister for Finance had broken loose into the Press with a statement about a corrupt bargain. That was the phrase flung around the Committee room on the night the Minister for Industry and Commerce lost his temper. Silence was broken by those who got into conference with the Minister for Finance and got him to write that letter to the newspapers.

Deputy Norton has told of certain things that happened in the Committee. I corroborate every one of them. I also corroborate what Deputy Dillon said this evening. There were one or two points that he missed that I would like to add. In the main, everything Deputy Norton said purporting to be a quotation certainly represented the gist of what was said. I had to follow the Deputy last night. Like him, I had no notes taken and had to speak from memory. Deputy Dillon is in the same position. I have not discussed this with Deputy Dillon, but I agree with what he said as to what happened in the Committee. The fact that members lost their tempers is a very small one in comparison with the particular amendments and proposals that are before us. Let us have no quibbling in this matter. I see that the President is about to institute a fine distinction— that is what he calls it but I call it quibbling—in trying to make out that there is exclusion as between political groups and vocational groups. We need not bother our heads about that. They may be inclusive one of the other. The main point in all this is, what is aimed at? Can we get a Seanad together? Is the primary consideration a political group or a group chosen because people possess certain capacity, have shown experience in certain matters, integrity in regard to their conduct in affairs, and are by reason of these qualifications people who can be and should be put into the Second House in this country in order to polish up legislation and assert whatever powers they may have given to them under the Constitution?

The President's scheme aims at a political Seanad. It is no excuse to say that, by accident, you may not get people of experience and capacity. The essential in the one case is that the person is a politician and that by accident he may have experience and capacity, and in the other the ability to judge in an independent fashion. What is essential in the scheme that depends on registers is that you will get men voted for because they have certain capacity and experience, not primarily because they are politicians with a particular colour. If we are to be convinced that the vocational idea has to be abandoned in total or in the main, then I am for a frank recognition of the introduction of politics into the Seanad. I think that is better than the camouflage that will be worked by adding the local councils to the Dáil. It is only camouflage because it is intended to create the impression of a bigger electorate thinking more along independent lines than the Dáil. In fact, the local councils have been added in because it is believed that they will be more under the political control of the Government than any other Party. The aim of bringing in the county councils is to increase the political strength of one Party. The illusion of course will be that there will be a larger electorate and therefore that it will be harder to control.

If we have reached the situation in which the functional or vocational idea has to be derided or regarded as impossible of achievement, then let us recognise the other alternative, and the only other alternative is that we are going to have a crowd chosen peculiarly and particularly for their political opinions. I do not see why we should give up the thought that we cannot get a vocational Seanad. In Committee we started off with the view that it could be done. We recognised that it might take some time to work out, and we divided our proposals into two parts. I have on the Order Paper, in conjunction with Deputy Costello, an amendment to the Schedule. The suggestion in the Schedule is that these people are worthy of being appointed electors in regard to a set out number of Senators. I have not heard anyone yet comment on that Schedule. I myself will admit right away that in regard to two of the registers suggested that they are only a second best: that they are put up in preference to proposals withdrawn because of objections made to them, not objections that went to the root of them but objections that laid stress on the difficulties and the possible expense that might have to be incurred by people who stood for election under them. Let us take the groups that are set out. Take the cultural panel which is not by any means the easiest to determine. From that category there are altogether five Senators. Taking into consideration the fact that the language is mentioned in the Constitutution, the proposal is that, if people have a certain knowledge of the language as indicated by their membership of a certain group such as the Fáinne, they should elect a Senator. It is proposed that teachers should have the right to form an electorate and to give us one Senator on the cultural and educational panel. It is further suggested that the managers of primary schools and the principals of secondary schools and county and county borough technical educational committees should meet as one group and give us one Senator. It is then suggested that there should be a certain mixed group of the Royal Irish Academy, the National Gallery and the Royal Hibernan Academy voting together and giving us another Senator. Finally, that the professional groups—professions are brought in by an amendment to the Bill—such as the subscribing members of the Law Library, members of the Incorporated Law Society, members of the Institute of Journalists, Licentiates of the Royal College of Surgeons and Physicians, Licentiates of the Apothecaries' Hall, and members of the Pharmaceutical Society, voting as one group, could select a Senator. What is wrong with that, as a group of people having a professional viewpoint, and having a viewpoint that may rise above more than mere political divisions? And that will allow also for lines of political division. Why should we not take this out, as a body, and say that in any event we will split this matter, and say that we will have one thing in one case and another thing in another case? Here is a body that may be added, and why should we not try to see whether or not they will be hard-and-fast politicians, or whether they can be relied upon in the Seanad to pass some sort of judgement not dependent entirely on the three or four divisions that there are here in the Dáil?

I could go through the various other panels and discuss them, but I will take that one as an example. I have not heard any objection to that register. There are vague suggestions against registers, to the effect that people are not properly organised, and so on. We have been told all about the virtue that exists in certain nominating bodies. There is a virtue alleged to exist in the proposal that certain bodies should be elected and should be given more importance in the State, and we should promote their growth by giving them the power to nominate in that way. Now, if there is power to be given to them to nominate, and if there is virtue in such a power, surely they will be given more power if they are given the power, not merely to nominate, but actually to elect? As a matter of fact, I think that the further point was made in the Committee that it would lead to the improvement of these electoral groups if you gave them such importance in the State. If there is any argument in that—and I believe there is—will we not lead more speedily to the evolution of these groups if we give them, not merely the right to nominate, but the right to elect also? Of course, we realise that it will take time to prepare these registers. That is admitted, although I do not think it would take so much time as has been suggested. For instance, in the matter of the Third Part of the Schedule, dealing with Labour, we were going to take Labour, in so far as we could get them bound together in any representative group at the moment, and the view we had at the moment was that those who were found to be contributors to the national health insurance scheme could be taken, in the main, as representing what is described in the Constitution as Labour. It was pointed out, of course, that that might mean registering some 500,000 people, and therefore, in the circumstances, we decided that that could not be pressed at the moment.

However, I want to go a little further into what happened at the Committee. The suggestion was then made that we should take this thing in two steps—the question of a provisional or transitional Seanad, and the question of a Seanad of a more permanent character. Perhaps "permanent" is the wrong word to use, but surely there is some degree of permanence attached to the passing of a measure in regard to the setting up of a Seanad, where the measure does not indicate any doubt as to the quality or position of the body proposed to be set up. As Deputy Dillon has said, if we pass legislation here in connection with a Seanad, after all the trouble there has been about Seanads in the past, we should be careful about fixing the mould for a Seanad in the years to come. Let us consider the progress of this matter up to date. The President quoted certain philosophers, in recollection, and also called to recollection the views—or the misquoted views—of certain politicians, and he has probably learned them as correct quotations. He has called these quotations from philosophers and politicians to his aid, and they all amounted to this: that, really, Second Chamber government was futile. Then, however, stepping back from the rules, he decided evidently that it might be better to have another look at this, and so we had the provision for a new Seanad in the Constitution. Then, after the Constitution, we had the Bill, and after the Bill we had this Committee set up—with a variety of proposals; and after that we had another fresh scheme from the Government. Can anybody say of the present scheme that it is anything but the last thought of the Government on the matter, or can anybody say that it was even the best thought of the Government on the matter? Does the President say that the Bill was better than the amendment, or do each of these three changes represent an advance on the preceding stage? If so, where is the security we have reached? In the circumstances of all these changes having taken place, we are asked here now to take this, and not even to say that it is a transitional proposal, but to put it into a piece of legislation as if it were the best viewpoint that has been arrived at up to the present time.

I think that, if the President were to contemplate even his own performance in this matter, he could not fail to realise that people would ask, after having seen so many changes in such a short time, whether or not there was anything in this latest suggestion to mark it as better than the first. Is there anything in its character to mark it as different—has it any brain-wave, apparently, behind it, or any spectacular marking? Of course not. It is just something that has been churned up and the President's mind has been forced to arrive at this conclusion on this matter by its impact with the minds of various people. Other matters discussed by Deputy Norton in the Committee and here are relevant in this connection also. It must be remembered that in the Committee—and the record of the Committee shows it—we had a definite repudiation of the idea of registers, and then, later on, an acceptance of the idea of registers—so complete an acceptance of that idea of registers that the Minister for Industry and Commerce was to embody his proposals in a letter, and that letter, I think, was to be before the Committee after a week's adjournment. I think that it emerges from all this, at any rate, that at one time the Government nominees on that Committee disliked the idea of registers—they certainly said that they thought the idea of registers was impracticable—and that later they accepted the idea and said—one of them, at least—that he would put the proposals in writing. That can only have meant that some consideration at least was given to the idea of registers and that there was acceptance of the view that such a scheme was a practicable one. What else could it have meant? Then, however, we get a letter to the effect that the scheme is not practicable and that it will not be unless these vocational organisations spring up; and again, I say, the Minister put a term of 25 years to these proposals, when asked about it. However, that is apart from the gyrations of the President himself. On that Committee, there was squabbling back and forward with regard to this idea of registers generally.

There was an offer made to let the first Seanad be constituted in any way the Government thought fit as long as they would mark, when they were doing that, that it was only to last for a year or two. An offer was made to the Government: "Get your Seanad nominated in any way you like; have it completely nominated; have it nominated by the Dáil; have it nominated by the Council of State; take any body as a nominating body to throw up the first Seanad in any way you like; but when you do, mark in the terms of your legislation constituting it that it is only a transitional scheme." What was to happen in the meantime? That a group of people would be put to sit together, that they would be allowed to send for persons, papers and records, and to bring in experts in such matters as proportional representation, constituency divisions, and so on; that they would be allowed to consult experts either in the flesh or in the material they had written; and at some time—we gave them leisurely progress, within about one and a half years— they would report back to the Dáil as to whether it was possible to get a system of special registers. That was the offer made in the Committee: that as long as it was held out that there would even be a consideration and study of the idea of special registers, then, so far as we were concerned, the President could have the first Seanad to himself, nominate every man upon it, do anything he liked with it. That offer was refused.

Why should not that suggestion commend itself? Why should not the President introduce a phrase in this Bill saying that the term of office of these people is to be such-and-such; that the people elected took office on that footing only—make it whatever period he likes so long as it is not too long, say, a couple of years—and say that the intention in marking a limit to the period of office of these people is to have two years during which this matter can be studied better? The aim of the study will be this question of vocational organisations inside the country and the consideration of whether it is possible or not to have special registers. If the President did that at this moment, I believe, so far as this Party is concerned, that he could have any Bill he liked. Is there anything of a flagrantly Party bias in the proposal that the President should take whatever Seanad he likes at this moment, as long as he gives this promise, and this promise only, that he would get some body set up to consider the whole matter of special registers and that the question of the Seanad would be reviewed in a couple of years? I think that that proposal has no flagrant Party smack about it. I think that proposal, when made, might have been accepted and, when made now, might be accepted. I suggest that it is only rejected because the President wants to have a Party Seanad fixed by legislation here and now.

There is a division of principle in the views on this matter. You either want a Seanad built up on political lines or you do not. It is no answer to that to say that, no matter how you get a Seanad built up, it will develop a political viewpoint. It is no answer to say that you must rule out politicians from emerging by the special registers or through nominating bodies. The big point in the foreground of all this discussion, the point alone upon which, legitimately, there may be a difference of opinion, is: Are you looking, in the main, for a political body or, in the main, to avoid a political body so far as you can? If you are looking to have a political body, the Dáil will give you that. If you are looking to have a political body, with a particular Party colouring at the moment, the Dáil, plus the local authorities, will give you that. If you want, in any event, to make it less easy for a political viewpoint to prevail in the new Seanad, then the further the choice of the new Seanad is removed from the Dáil the better. Is there any other ground upon which one might stand in trying to get a Seanad, if you leave out the Dáil, than getting certain people who have viewpoints because of the part they play in life, picking out a certain number and assigning to them, according to opinion, the choice of one, two or three more Senators?

I do not see that there is any room for division of thought on this matter. The special registers will certainly not tend to give a political Seanad as much as choice through the Dáil. If you make a choice through the Dáil, I suggest that it is open to the suspicion amounting to certainty, that you are looking for a political Seanad. If you move away from the Dáil towards the registers, you lessen the suspicion—you pretty definitely avoid the suspicion that you are looking for a political Seanad. People who vote on this will, undoubtedly, find themselves charged, and I think legitimately charged, by the action they take up on this matter that we are discussing, apart from the amendment, with wanting a Seanad of a particular type—that they wanted a Seanad of Party hacks. That is the only reason why people are going to vote for a Seanad of a particular type. Deputy Norton is quite frank about this. He says he does not believe it is possible to get a Seanad composed of other than politicians, that you are not going to get a Seanad built up except on the lines of political Party divisions in this country; and, having that view, he makes the correct choice. He says the electorate ought to be the Dáil. The President simply tries to delude the people with his proposal. He is going to get, not merely a political Seanad, but he is going to see that that Seanad has more of a Party complexion than even the Dáil would give when he adds the local authorities.

The first division in our plan came on that point. Our ideal was registers. For that ideal we would sacrifice a lot. For that ideal we would give the President, as I say, complete control of the first Seanad. But we recognised that we could not attain that objective of ours at once. We felt that if we were forced to put down proposals and were made to face this fact, which had to be faced, that the Seanad had to be in being by a certain time, we could not, with any great ease in our minds, say it would be possible to get the first series of registers which we had in mind. It was not possible to get these established in time for the first Seanad; therefore we proposed the transitional business.

I have yet to hear what is the objection to this electoral college idea. What is the objection to having an electoral college? Quite a number of countries, in thinking of elections of different types, have built their constitutional procedure upon electoral colleges. The idea of an electoral college is no novelty. It may be that the weighting of this committee adds something that is unusual. I do not think it is unusual, but it may be that the weighting of the electoral college is something unusual. But the electoral college idea itself is one that has been thought of many times and operated in quite a number of countries. What is the objection to it? Is there any objection to having a smaller group, even although they are going to have the exact political complexions, the same political differences, as a large group? A small group does its business better.

The electoral college proposed has a couple of advantages. One is that no member of the Dáil should have a seat on it. Is that a virtue or a vice in the proposal? When discussing this in Committee I think the phrase most commonly used about it was that it would only be a shade better or a shade worse, according to the viewpoint expressed, than having the whole Dáil as the electorate. Supposing there is only a shade in the difference, is it not a good thing to have it? Is there not something in this: that they are men who are not attending meetings in Party groups at regular intervals, that they are men who are not thinking all the while along the lines of how they may increase their political influence in the country, men who are constantly getting whips from political Parties, men who are invited to attend meetings where matters are discussed in a Party atmosphere, men who are being told to vote on occasions on matters, to the discussion of which they have not even listened? Is it a good thing to have people who are accustomed to obey Party Whips or to have a group elected by those, even though they are only one remove from the Dáil? Will there not be some little chance of more freedom, of more independence of view, than if the whole matter is to be decided at meetings summoned by the Party Whips?

I found nobody at the Committee who did not agree that there was at least some slight chance of obtaining a better Seanad in that way. Why not take that slight chance? Is it not also an advantage to have a group outside the Dáil and that, when you come to that group outside the Dáil, you remove from them the temptation of being able to vote themselves in, and ensure that they cannot play such a good and efficient Party game that they will get their reward by being put on in some other way themselves? In so far as there is a defect in that proposal, there is only this defect, that the President, who is the head of one Party, in nominating 11 Senators has the power to reward efficient Party action by people, not of the Dáil, but people who represent his point of view in the electoral college. Surely there is an advantage in having these two things done, that you remove the whole thing at least one move from the Dáil, and that any person who acts on the electoral college forfeits his right to be an applicant for Senatorial office?

I think there is a further virtue in the matter that has been discussed here, namely, that each Party will have to propose double the number of nominees to which it is entitled and let others vote on who will be their representatives. When that is applied all round, there can be no injustice done to any party. I think there is more benefit or more improvement to be got from that scheme than can be got out of direct nomination by members of the Dáil. The "weighting" is, of course, a matter that has been discussed. I do not know what position we have got to when so much criticism can be made of such a simple proposal. What is the extent of this "weighting"? The Minister for Industry and Commerce makes a great deal of the fact that any two members of the college can elect two Senators. In opposition to that, if the whole Dáil is to elect 43 Senators, it means that about five members have got to combine before they can elect one Senator. Does anybody here think that with the Dáil as the electoral body, there is going to be any difficulty whatever in so regimenting the House in its Parties, that it will not be as easy as possible to get the willing concurrence of any five minds with regard to a particular Senator? Under Party management will not the getting of the five to vote for a particular man be as easy as anything that has ever been put to the Parties? As far as numbers are concerned, as far as the power of voting is concerned, there is no strength in the argument.

We are told that this is aimed at the Government Party. What is the extent of the weighting? Supposing we were to think entirely along Party lines, and I was hoping that that might not happen when these nominations came to be made. In the end the college would consist of ten members of the Government Party, seven from this side, four from Labour and one Independent. Assuming that each man of them could elect two Senators, and supposing that they were going to vote strictly according to Party lines, the Government would emerge from the election with 20 supporters. There would be 23 against them, if all the others combined. If the electoral college is not weighted in that way, and if the Dáil were to appoint an electoral college composed of 22 members elected by this House on strictlines of proportional representation and that they voted on Party lines, in the end the Government would have 22 supporters and all others 21. The difference then would be a question of two members. At most—there are fractions and let us say that all the fractions are with the Government—there is going to be a difference of three seats. Just consider that in relation to the Seanad. What is there so shattering to the nerves in this proposal, viewed from the rigid narrow Party angle? What is there so shattering in the thought that the Government might be deprived of two or three seats? They have 11 nominees in the background. Supposing even some of the 11 nominees nominated by the President forgot their Party ties so that in the end you got a Seanad which was somewhat against the Government, that is to say, that everybody combined in such a way that you had a majority adverse to the Government. Remember what the Seanad can be in this Constitution that we have now upon us. They can delay any ordinary piece of legislation for 90 days. They can delay a Money Bill for 21 days.

That power of delay for 90 days or 21 days is, however, expressly restricted, because if the Dáil votes that a matter is of a particular type of urgency, and the Taoiseach so recommends it, they can get the period of 90 or 21 days abridged to any point of time he likes. That is the power of the Seanad. What, then, is the extraordinary power of the Seanad, even if we are to view all this from the narrow Party angle? A delay in the case of ordinary legislation of 90 days, and in the case of Money Bills 21 days, and a capacity in the Taoiseach to get this House to get that time abridged to 24 hours. People are being frightened at the thought that a body that has all that enormity of power—a 90 days' delay in the case of ordinary legislation and 21 days' delay in the case of Money Bills, with a possible abridgment—may have, if the President's nominees do not vote in accordance with his wishes, a majority against the reigning Government. Of course, that consideration of the Seanad's powers is so weak that it had to be shifted from that ground, and so we get the argument that this proposal is a breach of proportional representation. To that, remember, the counter is very cogent. If the constituencies had not been gerrymandered, this House would not be sitting with the strength that it now has, or at least with the strength as it was after the election results were counted. Instead of 69 the Government would have 62, or 63 if we gave them the half person, and all other Parties would have 75. The fact that they have 69 members here, while there are 69 in all other Parties, is the result of violation of proportional representation, and remember that was deliberately done. When the Bill was being put through this House it was argued and demonstrated that the proposals in that Bill were completely in breach of the principle and spirit of proportional representation; but the Bill was carried, and the result is shown in the completely unfair distribution of the votes that were cast. This House is a gerrymandered House. This House has no reason to talk in any sort of laudatory terms of proportional representation. The House, in its constitution, defies proportional representation. That is the first point.

The second point is that the President is there empowered to put in 11 nominees of his own to the Senate, 11 people whom he has elected on his own responsibility. As long as that is there—it may we well that it is there —no argument based on the sanctity of proportional representation can be put forward. I am suggesting that for a transitional Seanad this electoral college is the proper device. I am suggesting further that the electoral college in the details of the proposal is even a better device than simply an electoral college, and I am suggesting that, in the conditions of the representation in this House, and in the condition of the President having his 11 nominees, we should forget to elevate proportional representation to the region of principle. As against that, if those phrases that are used in the Constitution were not merely words put in to delude the people, if there was any idea of having those directive principles of social policy ever considered by the House, then surely there is a case to be made for giving adequate representation to small Parties, where those small Parties have a particular strength of viewpoint that cannot be attributed to other Parties, and particularly when that strength of viewpoint is applicable to those matters that were made so much of when the Constitution was being written and discussed. I think the weighting could be done in regard to small Parties generally, and that the weighting in favour of the small Parties should be done at the expense of the large Party; but, viewing the proposal in the circumstances of the present Dáil and the representation there, there is only one Party as such that has to be thought of. The Independents do not cohere to the extent that they could be considered as a Party. Again, remembering the proposal, there is this point: If there is subtraction from the Government in this regard, there is subtraction also from this Party. We yield, and yield without any demur, the right to elect a couple of Senators which we might easily claim on our strength here, and we do that because we think that we would have a better electoral college on the proposal we make than if we adhere strictly and rigidly here to the principle of proportional representation. That is in regard to the electoral college.

The electoral college is only a second best device. The electoral college could be forgotten, and all the proposals about it put on one side, if the President would only agree—his own evolution with regard to this matter should bring him to the point of agreeing—that the proposal he has brought before the House cannot be regarded as representing a sound scheme. He has no security for saying that there is not a better one which further thought could give him in this matter. All we have asked is to mark that this is only a transitional Seanad—we have one proposal for a transitional Seanad —and occupy the interval in getting better proposals considered and a new report made to the House. If that is done, the President would certainly from this side of the House get agreement to almost any proposal he put forward about this first Seanad. The President brings in a worse scheme than any which has been thought of yet. I have said before that, if we are going to divide here on grounds of principle, the only line of division is for or against a Seanad with a definitely political complexion. If we have to admit that we have got to put out of our minds the idea of vocational registers and a Seanad elected in such a way, and take the alternative, that we are going to have a political Seanad, let us be decent and honest about it, and let us say: "The Dáil will give you the best political Seanad possible; you will get a replica of this House." You will get a Seanad that will be of some value even though it is a replica of this House. It is better to have that than nothing. If you want a Seanad that is going to follow the political divisions along which we divide here, then let the Dáil send you up those 43 members. Weight that further along the lines of political division by adding the 11 nominees, and you have a reinforced political Seanad —but do not complicate us by the last minute introduction of the county councils.

I have here one of the leaflets that were issued—I have quite a number of them but I take this as an example —by the Fianna Fáil Party in electoral area No. 5 in Dublin. Under the heading "No Politics" there is this phrase: "The cry of `No Politics' is only a red herring to blind the electorate to Fine Gael's neglect of their interests in the past—and utter bankruptcy of policy for the future. In view of the extended franchise, a smashing majority for Fianna Fáil will be a vote of confidence in the Government and approval of the principle of `a fair deal' for every citizen." That was their request—a smashing majority for Fianna Fáil. About the time that that leaflet was being issued, the Minister for Industry and Commerce addressed a meeting. It was on 6th June, 1936. As is usual with that gentleman, he was very forthright. He said: "The contention that national and political considerations should have no place in municipal affairs is ridiculous." He talked about the view which a few foreigners might take who came in here, not understanding how the Corporation of Dublin was built up. He said: "They would mistake that to be in their political opinion representative of the capital city of the Free State," and he wound up his speech by saying that "It would be a very undesirable thing that there should be any doubt at the present time about the solidarity of the people who support the policy of the Government." That was described by the paper to which the Minister for Finance now sends his flowers of rhetoric as a "vitriolic and somewhat bombastic speech by the Minister for Industry and Commerce." They summed up their view of the speech by saying that the election was to be fought on the narrowest Party lines. It was so fought, and the political majority in those local authorities, elected on those narrow Party lines, is now brought in to buttress up the waning strength of the Government in this House. If we cannot have registers, and if we are going to abandon the idea of a vocational type of Seanad, let us be decent about it and get the political complexion of the country as shown even through this gerrymandered House. Do not add in the local councils to complicate the matter further.

I do not despair of the registers scheme even yet, and I am assisted in that by the Minister for Agriculture and the Minister for Industry and Commerce. Both of them, on that night in November when the proposal for the electoral college was carried against them, agreed that a scheme of registers was a practicable one. The Minister for Agriculture— I assert it again—went further and said it was a practicable scheme even for the first Seanad. We fell to discuss certain suggestions that had been made with regard to the register. I will call the President's recollection back to this point, that we began to discuss the idea of having the representatives, the delegates, to the Trade Union Congress as the sole electoral body for the 11 Senators who were to be the representatives of Labour. We began to discuss that after we had had a certain disagreement and a certain anger over the proposal about the electoral college, the anger being on the point that it was going to weight that committee in favour of Labour. I suggested that it seemed peculiar that after rejecting the electoral college idea on the basis that Labour would have too much power, we were going to give the Trade Union Congress the complete control of 11 Senators. I wonder does the President remember his colleague's answer to that: "It will be the same result," he said, "but it will look better."

The Minister for Agriculture and the Minister for Industry and Commerce had been, by way of repulsion from another scheme, captivated by the thought of these registers, and they agreed it was possible to have them. They have since abandoned that idea, but I do not think that what they say here in the House represents their best or even their last view. I believe this would happen, and I am suggesting it to the President. If this electoral college idea should happen to pass, would the President have any hesitation even then in saying that again he is in favour of registers rather than this electoral college, and would he say he was in favour of the scheme of registers even though he believed it was not possible to get them, or would he say that it was because he liked them better than the electoral college and thought it not impossible to get them? I suggest that is a possibility that might even yet happen in this House.

If this electoral college proposal for a transitional Seanad were accepted, I believe we would find the President again rallying, as he did one night in the Committee, behind the Minister for Agriculture and the Minister for Industry and Commerce in the idea that registers were possible and practicable. I am not sure that he would not go on to say that he might consider the registers idea practicable even for the first Seanad. I do not want them for the first Seanad. I believe the registers idea would not be worked out to a degree sufficient to give them a chance. Let me put this again to the President. Let me mark his agreement with this view, that we are not at finality on this question of the Seanad; that we are so far from it that we can get agreement that other proposals ought to be considered for a still further time; that we will mark that particular progress in our thought by saying that this first Seanad is only transitional, only for a year or two years; that we will occupy that time in getting other proposals thought out and that we will have this House again proposed; that we will observe the progress of that Committee discussing this matter and getting experts to help them, and that two years hence we will have another discussion and another Bill as the basis of that discussion with regard to the Seanad. All the time we are aiming at what is supposed to be the ideal of all, getting special registers, so that we can get a really vocational Seanad and get away from the idea of politicians in it.

I will have to speak at some time, and I might as well speak now and finish up the series of long speeches which we have had on this matter. It was inevitable, of course, that a number of irrelevancies should come in, and there is naturally the temptation to go back and talk about these matters that have been brought in. But I will try to avoid doing so. The first thing I want to speak about is the Committee. Various members of the Committee have given their recollections of what happened at that Committee. I was Chairman of the Committee, and we came at the very start to a decision that there would be no complete reports—the Press were not to be present—in order that there should be free and frank discussion.

The report that has been issued is an agreed report. I am not going to go back on anything that happened at that Committee. I can only say that some of the statements made as to what happened appear to me, at any rate, as Chairman, to have been one-sided. If anyone wanted to get a complete picture of what happened they would want to hear, not one side, but several sides, according as the discussion went from person to person on the Committee. I will leave it at that. The agreed report tells everything that is material for our purpose about the work of that Committee. The Committee failed to do one of the things that there was a possibility it might do, and that is to produce for the Dáil an agreed method for constituting the Seanad. It failed to do that, but the discussion was not without value. I, for one, was satisfied that I got this value out of it, anyhow, that one of the difficulties I had in trying to get a Seanad which would give reasonable representation to smaller groups was met. A suggestion was made—I do not know whether it was made outside, but it was made in the Committee—which enabled that to be reasonably done, and that is adopted in one of the amendments we have here to the Bill.

Much of this discussion, which has ranged over two or three years, in reference to the constitution of a Second Chamber confirms me largely in the view that I held at the beginning. I stated it on one or two occasions, and it was this, that it would pass the wit of man to devise a really satisfactory Second Chamber. Any quotations that have been brought up here to-day or at any other time will prove that that was my view. Most of my arguments against the old Seanad were adduced to show up the fallacies and the line of reasoning of those who thought that you could get a Second Chamber which was going to be a check on the First Chamber and so relieve democracy of all its weaknesses. I tried to prove that was not so. I will admit a great deal of my argument was of an abstract type, but I always had a reserve behind it which I described in more than one speech as a hankering—I could hardly justify it on the ground of abstract reasoning, but I had a certain hankering after a Second House, provided that we could constitute it on any reasonable basis and that it was not going to be a mere reflection of the First House or that it would be so constituted as to impede the natural work which the First House had to do.

That has been the basis of my attitude towards the Second House all the time. I will say this, that in the constitutional circumstances in which we were, with the national objectives which we had in front of us, I wanted to get rid of a Second House, and particularly I wanted to get rid of the previous Second House whilst a certain piece of constitutional work was being done. Fortunately for the country, it was not there at the time that a certain piece of important constitutional work had to be done. I sympathise with people who may say to themselves: "Very well, then, there may be some other occasion also in which, from the national point of view and from the point of view of the good of the people, there may be a conservative Second House which may try to do something like what was done by the old House when they tried to stand against the will of the people by refusing to implement the judgment of the people, say, on the removal of the Oath." I can quite understand why people who have that point of view might be against the constitution of a Second House, and I would be against the constitution of a Second House if it had powers such as the old House had to do such a thing.

One of my first cares in dealing with the Constitution was to see that the Second House in future would have no such resisting power and would not be capable of doing the damage the old Seanad tried to do at a very critical time when we were dealing with another country on important matters. I challenged the Opposition at the time, and I said to them: "Will you show us how to constitute a Second Chamber?" I myself had given a certain amount of thought to this whole question of a Second Chamber in the scheme of representative institutions. I tried to get some satisfactory scheme for a Second Chamber and I had failed. I challenged the Opposition in the way I have mentioned when they were talking about Seanads in a very different strain from the strain in which they are talking about Seanads now. Then they were dilating on the false ideas people had on the efficacy of a Second Chamber. On that background they were painting a certain picture and trying to get people to believe that a Second House would cure all the ills of democracy. We pointed out that it was not going to cure all the ills of democracy and that if a Seanad was going to be established which could do that, it could also do a great deal of damage at the same time. I said to them: "Since you are talking about a Seanad as if an ideal Seanad were possible, show us how to constitute one." They did not do that.

We asked them to participate in a committee of all parties to examine this question of a Second Chamber and to consider what should be its powers and constitution, on the understanding that we were not committing ourselves in advance to the setting up of a Second Chamber unless we were satisfied that any proposals that came from that Committee would really make for the improvement of our political institutions. We set up that committee. Look at the names of the members. I defy anybody to maintain that that committee was set up on a Party basis. It is true that the Opposition did not support us by consenting to representation on the committee, but we went outside and tried to pick people of standing, politically associated with them but not members of their Party, who had shown an interest in this matter. We invited them to act on the committee and, with commendable public spirit, they did act on it. We did not give them a very long time, I admit, to consider the matter. Perhaps we hurried them too much. I had hoped to get the constitutional work done much earlier than it was found possible to do it. However, we gave them a certain time, the Chief Justice presided and the result of their work is here. If anybody is interested, he can read the report and see the diversity of view exhibited there as to the way in which a Seanad could be constituted. I studied the report carefully, and I think the majority of that body had arrived at the same sort of view I individually had arrived at— that was, that certain limited powers might be given to a Second House and that as long as they were limited and the Second House could not be much more than a revising Chamber—taking up measures, criticising them from an independent standpoint and with as great a variety of viewpoint as possible —a Second House might be of some value. I worked on the basis of a remark made by either Deputy Rowlette or Deputy Alton. That was "Even if we cannot get an ideal Seanad, then a bad Seanad is better than no Seanad."

Having secured that the Seanad, so far as I could see, could not do harm, I said: "All right, we will give way to those who think there is some virtue in a Second House. If a Second House can do some good, we will try to give them a Second House with these limited powers." A Second House can do a great deal of work in the way of revision of legislation. Even if we did not have a Second House, I recognised that we should have to set up some revising Committee of the Dáil for this purpose. I tried to have the smallest number possible on the Seanad, as I explained when the Constitution was going through. The reason the Seanad consists of 60 and not of 45 was in order to give reasonable representation to the small Parties. Unfortunately, the device suggested in the Committee to which I referred—it may have been mentioned outside by the Labour Party previously—of having instead of separate panels one complete panel and allowing electors to vote right through that panel, had not occurred to me. If I had thought of that idea, I would have been able to work with a Seanad of 45 instead of 60. That idea did not occur to me and I regard it as one of the advantages we got from this whole discussion—this idea of working right through the panel and automatically eliminating the other candidates on a particular panel. I was anxious to reduce the number of the Seanad and that idea would have enabled me to reduce it. When we examine the cost, I think we shall come to the conclusion that we could not have less than 45 and the difference between 45 and 60 does not, in the long run—if we are to have a Seanad at all—matter very much. It may be worth the extra money to have the additional number because we may have a variety of views which we would not get in a Seanad of 45.

All this talk of wobbling and changing on our part is nothing but a pretence. When you go back over all my statements, you will find that I said that this ideal Seanad which people seem to work upon as a hypothesis is a dream which cannot be attained. When you admit that you cannot get that, you come to the sort of Seanad which will not be a check on democracy and which will be deprived of doing harm —not a Seanad that would be opposing the will of the people constantly. If the harm they can do is eliminated, I admitted that I had a certain sort of hankering after such a revising House and I felt that a large section of the people had probably the same view— whether well based or not I do not know. There may be something in an abstract way which you cannot justify, yet you may have the feeling that there is some good in it. You may not be able to discover the origin of that sort of feeling and it may be, at the same time, well founded. In this case, there is the fact that most nations have got Second Chambers and abstract logic does not always enable you to deal with matters in this world of ours in which so many factors intervene. In practice, there may be some good in a Second House. At any rate, I did come to the conclusion, when we were drawing up the Constitution, that I would not make an issue as between those who believed in a Seanad and those who did not. I deliberately kept that from being an issue because I honestly did not think it worth while. I thought there were enough issues dividing us and, once I had satisfied myself that it was to be a Seanad with limited powers, I did not raise that issue. I had tried to indicate the type of Seanad which might be of lasting benefit to the State, particularly if there was a development, as I hope there will be, in the way of vocational organisation in the country.

One of the objections I have to Deputy McGilligan's scheme is that it is not based on that principle at all. If you want a real, vocational organisation, you will not get it if you put everybody on a register who belongs to a particular trade or calling and if you give these people an opportunity to vote. It would involve general application. If that scheme were going to be introduced, it would have to be done—unless you wanted two general elections—at the same time as the Dáil election.

I say that is not what I, at any rate, envisage by a vocational organisation. The view I have of vocational organisations is that, in certain industries, the employers and the employed would get together and would have power, so far as it was given to them to do it and so far as it was at all possible to permit it with safeguards for the interests of other sections of the community, to settle a number of things that we try to settle here and do not settle as well as they who know their own business would settle them. I admit that we have not begun seriously to work on that line here. If a start is made, there may be difficulties in the way of doing it, but that at any rate is the type of organisation I had in mind. It is to the governing bodies of such an association, and not to individual members, that I would give the power of electing to the Seanad. I think, therefore, that to follow this general scheme which Deputy McGilligan has put down as the ultimate scheme—it might or it might not be possible—is not the line I had in mind at all when I put in the Constitution the Article which made it possible to replace those who would be elected otherwise to the panel from nominees by a special electorate of a certain character by people who could be elected directly to the Seanad. I am against Deputy McGilligan's ultimate method of doing it, because it is not a line I think it would be worth bothering about—the line of vocational development or functional development.

With regard to what Deputy McGilligan calls his transitional scheme, we are here, in one breath, taunted with bringing in a scheme which is intended to give special advantage to a Party, and Deputy McGilligan then confesses that, if we were so minded, he would give to us full power to set up any kind of Seanad we wanted for this transitional period. Is it not clear that it is nonsense to talk of these two things in one breath —to say "We trust you to such an extent that we will hand over to you"—as I understand his last statement—"if you choose to take it, the formation of the whole Seanad and give it completely into your power, if only you write down that it is a transitional Seanad," and then to say that we are bringing this in for Party purposes. What is any Seanad that we make but a transitional Seanad? This is only an Act of Parliament. It can be put aside at any time; it can be repealed as any one of our Acts can be repealed. It is not a part of the Constitution, and because I recognised how difficult it was to get a satisfactory method of constituting the Seanad, I deliberately withdrew from the Constitution itself anything but a general indication as to how it was to be elected. It is not a constitutional measure and, therefore, it can be put aside. I certainly would do my utmost to prevent the Government from accepting the idea that we are to go on spending valuable time in trying to patch up for the next year or two. We have spent long enough now in considering this whole matter, and we are going to get a decision in this session of the Dáil one way or the other. We have come definitely to the end of it. We have considered it sufficiently long to make reasonable people believe that if there were any special brain-waves knocking about, we ought to have become sensitive to them and to have gathered them up by this time. We are definitely going now to get a decision on this question.

As between the schemes, I point out, first of all, the complete illogicality of the double statement that, on the one hand, we are trying to get, for purely Party ends, a Seanad to suit our purposes just now, and, on the other hand, that we could do anything we liked just now, that the whole settlement of the entire matter was in our hands. Surely it cannot be contended that the same person could hold honestly to these two views? Which is the one upon which he is going to stand? Are we going to get it, and, if we are, then cease pretending that we are doing this for political purposes, when we are told that we can have the whole matter to ourselves. Again, it is said that we are bringing in the county councils for the purpose of increasing our strength. As a matter of fact, I did not bother looking—and I am principally responsible for this— to what our representation on the county councils was. That is the truth. I did not bother to look.

You are careful not to say that you did not know.

I did not bother looking and I did not know, consequently. The Deputy does not know at this moment. I have since asked an officer of the Minister for Local Government to get me the figures, and, when I read them out, in so far as we have been able to get them, I shall be able to disprove, even from those figures, the contention that has been made here. A lot of statements have been bandied about here without the slightest foundation in fact, on the offchance that people would not examine them home. I say that when I put that proposal forward, of including representatives of the county councils, I did not know what was the relative strength of Parties on these county councils and county boroughs, and the reason I did not seek to find out was that I am conscious, as I hoped other people would be conscious, of the fact that we are making a Seanad, not for this present particular position of Parties in the Dáil, but a Seanad which will last until some people are able to put forward something which would commend itself better to the majority in a new Parliament.

We are asked: if we had proportional representation and were to work on purely Party lines, what would be the constitution of the Seanad, and what we would get if we wanted to work on the strictest and narrowest of Party lines. Let us take Deputy Norton's proposal. His proposal, if it worked out proportionately, would give us half. We are half of this House and his proposal would give us half, on a system of proportional representation, of the 43 members in the Seanad. We should certainly get 21, and probably 22, out of the 43. If we were to do as is suggested, if we were to use the powers of the Taoiseach to nominate, we could add on the other 11, so that if we wanted to assure ourselves of a political majority, we had it for the asking, not to mind the offer that has been made to us by Deputy McGilligan. I do not know if he made it previously, but if he had, I should have refused it just as I refuse it now. We have the majority, if we want to work on that basis. Why, therefore, need we go seeking for some other way to get the majority when it is there for the asking? We have only to agree to the Labour Party proposals and we can have the majority in the Seanad. That is the position if we had no other interests in the Seanad; but we are going to risk defeat, if necessary—Deputy Dillon can understand that—because we believe our proposals, so far as providing a satisfactory Second House is concerned, are better than any of the others put forward.

With regard to the representation on the county councils, I have here the final figures taken from some newspaper. I do not know which one it is, but, evidently, it was published shortly after the conclusion of the elections. The heading, "Final Figures," would suggest that. They do not give county boroughs, but they give the following county councils:—Carlow, Cavan, Clare, Cork, Donegal, Dublin, Galway, Kerry, Kildare, Leitrim, Limerick, Longford, Louth, Mayo, Meath, Monaghan, O Failghe, Roscommon, Sligo, Tipperary, Westmeath, Wexford and Wicklow.

Here is the state of the Parties: Fianna Fáil, 333; labour, 37; U.I.P., 335; others, 75. Therefore, it is quite clear that we are far short of half, and that by adding, we are watering and weakening our strength. That ought to be sufficient answer to those who pretend that we have approached this whole question from the narrow Party standpoint. To my mind it is not worth approaching it from the narrow Party standpoint, because the powers of the Second House are not such as would stop the majority in the Dáil from having their way. There may be a certain amount of inconvenient criticism. Be it so. Whatever Government is in power will have to put up with inconvenient criticism. What they would hope for is that they would get constructive, intelligent and informed criticism. They may get some of that, but they have to put up—as we, and as every other House has—with a good deal of criticism which is neither constructive, informed nor helpful in any way.

Before leaving the county councils, I wish to refer to the question raised about disfranchising those which are suppressed, and of giving to councillors who were elected the same opportunity of selecting their seven as the other bodies have. My answer is that there is a difficulty, but give us a better solution. Are we going to disfranchise and prevent them having any form of representation? In the dilemma which is there admittedly, you have either to disfranchise them or not. Of the two alternatives, my attitude towards the question was that while a group of men might not be successful in carrying out the work of administration in a country, that is no reason why we should disfranchise them. They may be good judges whether A, B or C, who is put up as a candidate, is a suitable member for the Seanad. They might be very good judges there and by no means be excellent in particular cases in carrying out their functions. I admit that if I had a better solution I would put it forward. There is the dilemma. If anyone can give me a better solution I am prepared to accept it. We have either to scrap this proposal or to disfranchise these people because the Minister for Local Government found they were incompetent in administering the counties. As they would be completely disfranchised, these counties would be left, so to speak, with certain grievances. By saying to these people: "When you are elected as county councillors you are going to be elected in a dual capacity. You will have certain functions added to your former functions of administering the affairs of the county, and if there is a Seanad election you will also choose seven of the electoral college. If you are found incapable in one respect it is not going to be assumed that you are incapable in the other." It may be said that it is not warrantable to separate the two functions. There may be justification for saying that if they are not able to do one thing, they will not be able to do the other. I do not think that can be logically argued. I admit without hesitation that if I could get a better solution I would take it.

Of the two alternatives, either disfranchising them or regarding them when elected as elected for two functions, one of which is this relatively small one of choosing an electorate for the Seanad, and also for the county, I prefer to put them in. Another reason is that, apart from the idea of disfranchising a section of the country, and putting it out of the power of that part to have an opportunity of saying whether or not certain representatives were suitable for the Second House, there is the danger —I admit it would be remote—that it might be suggested that the elimination or suppression of certain county councils was done deliberately in order to deprive some particular county, that might not be favourable to the Government, of its power to elect a certain number to the electoral college. My own belief is that no Government would act in that particular way, if they had any sense of responsibility. It would be suggested and the mere suggestion would be enough. Of the two alternatives, I say, unhesitatingly, that I would take that of giving these people the same power as others elected in the same way would have.

There is a scheme of nomination by outside bodies and by the Dáil. The scheme, as in the original Bill, was defective. I admitted that when it was brought in, as a large number of people was wanted to secure nomination. That was a weakness in the Bill as introduced. I disliked it, but I saw no other way of limiting the power of the Dáil to elect practically the whole of the Seanad. There is no sense in asking outside bodies to put up people for nomination if, in fact, any of these people are not going to be elected. If it was going to mean that the Dáil was the body to elect, as in the Bill, and that they could nominate enough, over 43, it was quite obvious that outside bodies were not going to have much chance. To give them a chance, I tried the method of insisting on 25 nominations.

By changing the plan we were able to do with two people. Any two members of the Dáil can nominate a person for the Seanad. Possibly, with parties working together, they will reduce the number. They will calculate roughly how many people they are likely to get, and will probably reduce the number they will nominate, so as to give them the best chance of getting the highest number possible elected. I do not think the fact that every two members of the Dáil can nominate a person for the ballot paper will give an unduly large number. The operation of Parties in the Dáil will limit that. The only point in giving outside bodies the power of nominating is that they might be given the opportunity of getting into the Second Chamber a type of person who might not get in by ordinary Party politics. That might be an advantage or a disadvantage. I am not one of those who think that those who engage in political work are all crooks; that everyone who works in that particular way has no interest whatever but to get a good time at the expense of the people. I think that is an absurd way of looking at it; I think it is a harmful and a wrong way to look on representatives of the people. When talking about the Seanad before, I said that we wanted no Seanad whatever if the people were careful of whom they elected as their representatives and that ultimately the only place they could look for security for democracy was in an intelligent democracy, in the people who are members of the community, realising what they are doing when they elect people to represent them in Parliament: when they are giving people of that sort the power to make the laws by which they are to be governed. If they are careful about voting for the people whom they consider best, I think that is a far better safeguard than any you can get by any artificial means.

We admit that there are a number of people whose views it might be helpful to have, and yet who could not be said to be representative, in the sense that they represent a large body of people. The important thing in a Second Chamber is that you should have people who will know the effects of legislation in certain groups, and who on that account will be able to point out defects and suggest remedies in legislation that, from the general point of view of national policy, has passed through the First House. I believe that we can get through this agency of outside nominating bodies some people anyhow who otherwise would not perhaps get into political matters at all. When I say political I hope I will be understood. I said it would be nonsense to talk of the Seanad as non-political. We are using the word "politics" in a peculiar double sense. It must be admitted that anyone dealing with affairs of this sort is dealing with politics. He is dealing with fundamental political matters. If you define a politician as one who is dealing with politics, then anybody who has to deal with these fundamental political matters is inevitably a politician

I never had a dream of having a Second House which would not be political in that sense, but political in the sense of being a member of a pledge-bound Party is quite a different matter. I try to distinguish between the two classes of people. As regards the first class, it would be well if, by a method such as this, we could get their brains and interests in affairs working in criticising legislation. Under the Constitution they cannot prevent the really representative House from having its way, and, therefore, the will of the people as a whole being given expression to. But they can put forward constructive criticism.

Is the President going to elaborate his own scheme now?

The other schemes have been elaborated.

On a point of procedure, I would like to know if the President is going to elaborate his scheme now.

To tell the truth, what I am hoping to do is to avoid the necessity of any more speeches on the general principles. If we can get a decision on these proposals, I will do my best, in the rest of the debate, to confine myself rigidly to Committee treatment of the Bill. As I was saying, there is nomination from outside and nomination from inside. What harm is there in giving that type of body the opportunity to express itself in the Second House? The Dáil and the county councils will be able to pass judgment as between the various people who are put forward as to which of them are the best. We are insisting that 21 of those outside people, nominated in this particular way, are going into the Seanad. We put the figures 21 and 22 for the Dáil. One reason for doing that is that I am doubtful at the present time whether we should throw the fate, so to speak, of the Second House altogether on the outside bodies. I do not think that we have arrived at the stage at which we could do that with safety, and that is why we have restricted them to 21. If conditions were otherwise, I would prefer to say at least 21, and not to restrict them to 21 and 22.

There are members of this House who think that the Dáil itself is a better nominating body and a better electorate for the choosing of the Seanad. That point of view is met to the extent of half, over half, so that this proposal is a compromise, and it is necessary, in my opinion, in our present state of development. It is a compromise with the Labour proposal which would allow the Dáil to nominate and elect, and with the idea of having a completely vocational Seanad. I would like to have that if our conditions were such as would warrant it. This, of course, is like most compromises, that it can be attacked by both Parties whose points of view it is hoped to meet. We get by this proposal a Seanad of 43 members, 22 from nominees put up by the Dáil, and 21 from nominees put up by outside bodies. In addition, you will have the six members elected by the universities, and then the 11 nominated by the Taoiseach. It so happens that I am here at this moment. Goodness knows who will be here when the second election comes on, or who will be here even when the first election comes on. Therefore, I am not such a fool as to put forward this proposal on the basis that it is I who will be nominating the 11. At the outside I suggested that a good approach to the consideration of this whole question of the Seanad would be this: If the Opposition would only imagine themselves, for the time being, as the Government, and if the Government would imagine themselves, for the time being, as the Opposition.

I have always tried, when dealing with measures of this sort, to view them from this side but to take an odd look at them from the other side, and if the Deputies on the opposite side who are criticising this had any hope that they were going to occupy these benches they would see that they would have whatever advantage is in this: that it is deliberately designed to prevent a situation arising in which the Government here was checked up by having a Seanad which took up a rigid political attitude against the majority in this House. There was a certain balance, and that was admitted when we brought in the Constitution. There has been talk on this of the gerrymandering of constituencies. I have tried to support the idea of proportional representation since it was first introduced. I have done everything in my power to maintain it even when there was strong opinion in our group against it. At the moment it is passing through a period of trial. It was put into the Constitution and given a sort of permanency to see if it was going to be feasible. One of the things that would make it unfeasible, and that is causing tremendous difficulty on the Continent, is if you had very large constituencies and a very large number of groups, groups forming combinations of A, B and C to-day and D, F and G to-morrow, so that you would not have any stability. If you were to have proportional representation in the extended sense in which you had seven, nine and 11-member constituencies then you would have to devise, to go with that, a different type of Executive from the Executive that you have to-day.

Whether the present type of Executive is good or bad is a question of opinion. At any rate, it is certain that if you are going to have the present type of Executive you cannot have big constituencies, with the possibility of large numbers and groups, because the thing would become unworkable. I have tried to stand up for proportional representation. I believe that the idea of proportional representation is passing through a crisis in the minds of the people of the country at the present time. If, for instance, you had a deadlock here so that the Government had no security when it had gone to great pains to put forward measures that it believed to be good, after it had gone through great difficulty in reconciling views amongst the majority Party, and no matter how reasonable it might be in regard to accepting amendments that did not strike vitally at the heart of the measures it introduced, still had not security, as we understand it in this particular system, then, of course, it would be impossible for that Government to continue. I make this prophecy: That, if the situation is such —and continues for any length of time —that such a matter cannot be resolved by an appeal to the people, then, of a certainty, there will rise up in this country a combination of people or of Parties to get rid of proportional representation and to go back to single-member constituencies. I say that, as a prophecy, with regret.

Hear, hear!

I say it with regret, because I do believe that, if we can continue to work with the present principle of proportional representation, it gives a greater element of stability and gives a greater opportunity and a great deal of advantages to smaller groups in allowing them to explain their views; but my own view is that the method of proportional representation at the moment is facing a crisis and that either of two things will have to happen: one, to change your form of Executive and have a form of Executive such as they have in certain Continental countries, such as Switzerland, for example, or else to go back to the old method of the single-member constituency. What has been called gerrymandering, and what has been criticised and abused as gerrymandering recently, was an attempt—and I will admit that I was one of the principal culprits, if one could speak of culprits in that matter —to try to face that fact and to try to have a reasonable amount of proportional representation which would give an opportunity to any group in a constituency, that can command one-fourth of the voters in that constituency, to get representation; but it seems that, sometimes, the inevitable result of having proportional representation is that we are brought up against some of the same sort of difficulties that have been found in countries on the Continent, such as France, Belgium and elsewhere. I cannot see at the present moment in which direction the people would move if this sort of thing were going to last —whether they would move in a direction towards the organising of a new type of Executive or whether they would wish to get rid of proportional representation. One thing, however, I do say about it is that I believe that, what I call a single Party Executive, with a definite viewpoint, so that there will be no manæuvring it, such as we had attempted in the committee of which we have been speaking, is, in certain circumstances, necessary. One wants to get rid of the kind of thing where there would be a kind of subconscious manoeuvring as to whether a particular matter was going to serve the interests of a particular Party or not. I do not believe—nor have I ever been a believer—in an Executive formed on that basis.

It may happen that we in this country would so change our characters that we would be able to work with an Executive formed on some such basis as that which they have in Switzerland. However, I do not see it coming in our time, at any rate. But it is one way, certainly, in which an advance could be made. The other way is by getting rid of proportional representation. That was threatened at one time by the present Opposition when they were the Government. They threatened that they intended to get rid of it. I opposed that, and, so far as I am concerned, I will do everything in my power to support the maintenance of the principle of proportional representation. If, however, I see quite clearly, whether we are in office as a Government here or in opposition, that it means the bringing about of inefficiency in administration and in policy, and that it means providing you with a Government which is unable to do what it has a right to do unless it goes on its knees, figuratively speaking, and ask, not that a measure should be considered on its merits, but that it should be passed in the interests of certain Parties, then I should not like to say what might happen. If it means that the Government must go on its knees and ask that a measure which should be passed on its merits should depend on those who will say "Very well, if you agree to so-and-so, we will go along into the Division Lobby with you," then the people may take a very different view.

At any rate, as far as we are concerned in this Bill, we have a method of nomination for the reason I have indicated, and we have the broader electorate. I am in favour of the broader electorate. I deny—and I think it will be proved from these figures—that it will mean giving a majority of the representation to the Government Party in the Seanad. I do not care, myself, a "thraneen" whether we have a majority or not— whether we should be the Government or in opposition—so long as we have the powers that are given to us in the Constitution. Naturally, I would not like to have the inconvenience that would be caused by adverse votes, if I were in office, but under that Constitution they have not the power to hold up a majority Party here. I prefer the wider electorate, and I think that, in the first part, it would be less open. After all, those who are mentioned as belonging to the Parties, in this newspaper summary, are not as closely bound and will not be so capable of being machined to the extent that Parties in the Dáil might be machined. I believe that they would be more independent in the matter of voting than members of Parties here, and I would be quite satisfied that it would be very doubtful whether or not our own Party, if presented with that situation, would be able to get as many votes under that electorate as in the Dáil. I believe also that the wider electorate gives you two things in addition. It means that there will be less possibility of being machined, and it gives you a wider judgment on the question of the names put forward. You will get a better knowledge, possibly, of the individuals concerned, and I am anxious, I will confess, to weight the electorate in favour of the country constituencies as against the urban constituencies. I will admit that quite frankly. I believe that the fact is that our Second Chamber is likely to be drawn very largely from people who will be resident here in the capital. I believe that, in the nature of things, that is likely to happen, and I believe that it is an advantage to have what one might call the country viewpoint put forward in matters of legislation, particularly as long—I am sure Deputy Dillon will smile at this—as agriculture is our principal industry in this country.

Is it any wonder I should smile?

I say that it is well that the country districts should get representation, at least to the extent of being able to pass judgment on the various matters submitted. I think that these figures will prove that this has not the effect of giving this particular Party advantage about which we have heard. Even if it did give that advantage, I still hold that that is only a passing phase, and that it might be quite a different matter in a new Dáil and after another election. The next thing that I want to stress is that this Bill can be changed. The Labour Party say that they will sweep away the Seanad. I tell them that they will not. If they get a majority here, they will not need to sweep it away.

We were abused by some people for destroying the old Seanad at a time when we could have a majority in it ourselves. Apart from the particular situation which we were facing from a constitutional point of view, there was good reason for getting rid of the old Seanad. It had proved, by its attitude towards decisions taken by the people, that it had a wrong idea of what its functions should be, and it deserved to be got rid of for that reason, if no other. It deserved also to be got rid of because I was hoping that we would be turning over, so to speak, a new leaf, and that we would be passing away from some of the taints attached to that old Seanad and, therefore, opening into a new situation. But, I would say to the Labour Party, that they will not destroy the Seanad if they become the majority. I believe they will find out that they will have got in that Seanad a very useful part of their general machinery.

With the greatest care in the world, with the Ministers and all concerned giving it the greatest possible amount of consideration, there is hardly a measure which you introduce which cannot be amended; and you will find that, to get new, fresh minds on it, as a revising Chamber it would be worth keeping. I am willing to make this prophecy; If there are changes, that is not the way the change will be made—by getting rid of it—because the thing will not matter to them. It is so designed that there will be no inducement on the part of any Party that becomes the majority to get rid of it. The inducement all the time will be to try and work it at its best. It will be a better House because of its limited powers. It will do very much better work from the point of view of constructive criticism, just because it will not feel that, in doing it, it will have to put out or retain a Government in power. It will feel that it has a certain amount of freedom in its judgment, just because its powers are so limited. In very exceptional circumstances, the Seanad might possibly, if the President concurred, cause an election. But, when all is said and done, that is not likely to happen often; and it will, generally, be taught a very good lesson if it sends a Government to the country unless the circumstances are obviously such that that Government should be made go to the country.

I have said all I want to say in general about this. I believe it is much better than the measure I introduced in the first instance. I believe that the proposal, as it now stands, is far better than the proposal either of the Labour Party—to let the whole thing be done by the Dáil—or the proposal of Deputies Costello and McGilligan. Because I believe it is better, I see no reason why we should try to get agreement by giving way to the views of the opposite Parties. I think we are right in this and, because I believe we are, I am going to stand by it and, if necessary, to fall by it.

That is the stuff to give them!

That is going to be our position in regard to everything, as long as we stay on these benches.

More power to your elbow!

We must be in a position in which we can do efficiently the things that we think are best. I have retained an open mind until this moment on this matter, but during the rest of the consideration of the main principles of this Bill we are going to stand by them. As to questions of detail, we will receive them from the point of view of whether an improvement can be suggested. But, as the schemes have been adumbrated and explained here, as between those of the opposite Parties and ourselves, we are standing over our own scheme.

Amendment put.
The Committee divided:—Tá, 55; Níil, 63.

  • Bennett, George C.
  • Benson, Ernest E.
  • Bourke, Séamus.
  • Brasier, Brooke.
  • Brennan, Michael.
  • Brodrick, Seán.
  • Browne, Patrick.
  • Burke, Patrick.
  • Byrne, Alfred (Junior).
  • Coburn, James.
  • Corish, Richard.
  • Cosgrave, William T.
  • Costello, John A.
  • Daly, Patrick.
  • Dillon, James M.
  • Dockrell, Henry M.
  • Esmonde, John L.
  • Everett, James.
  • Fagan, Charles.
  • Finlay, John.
  • Fitzgerald-Kenney, James.
  • Giles, Patrick.
  • Gorey, Denis J.
  • O'Shaughnessy, John J.
  • O'Sullivan, John M.
  • Pattison, James P.
  • Redmond, Bridget M.
  • Reynolds, Mary.
  • Heron, Archie.
  • Hogan, Patrick.
  • Keating, John.
  • Keogh, Myles.
  • Keyes, Michael.
  • Lavery, Cecil.
  • Lawlor, Thomas.
  • Linehan, Timothy.
  • MacEoin, Seán.
  • McFadden, Michael Og.
  • McGilligan, Patrick.
  • McGovern, Patrick.
  • McGowan, Gerrard L.
  • McMenamin, Daniel.
  • Mongan, Joseph W.
  • Morrissey, Daniel.
  • Nally, Martin.
  • Norton, William.
  • O'Brien, William.
  • O'Donovan, Timothy J.
  • O'Higgins, Thomas F.
  • O'Leary, Daniel.
  • O'Neill, Eamonn.
  • Roddy, Martin.
  • Rogers, Patrick J.
  • Ryan, Jeremiah.
  • Wall, Nicholas.

Níl

  • Aiken, Frank.
  • Allen, Denis.
  • Bartley, Gerald.
  • Beegan, Patrick.
  • Boland, Gerald.
  • Bourke, Dan.
  • Brady, Brian.
  • Brady, Seán.
  • Breathnach, Cormac.
  • Breen, Daniel.
  • Breslin, Cormac.
  • Briscoe, Robert.
  • Carty, Frank.
  • Cleary, Mícháel.
  • Colbert, Michael.
  • Corry, Martin J.
  • Crowley, Fred Hugh.
  • Davis, Matt.
  • Derrig, Thomas.
  • De Valera, Eamon.
  • Dowdall, Thomas P.
  • Flinn, Hugo V.
  • Flynn, John.
  • Flynn, Stephen.
  • Fogarty, Andrew.
  • Fogarty, Patrick J.
  • Friel, John.
  • Fuller, Stephen.
  • Gorry, Patrick J.
  • Hannigan, Joseph.
  • Harris, Thomas.
  • Humphreys, Francis.
  • Kelly, James P.
  • Kelly, Thomas.
  • Kennedy, Michael J.
  • Killilea, Mark.
  • Kissane, Eamon.
  • Lemass, Seán F.
  • Little, Patrick J.
  • MacEntee, Seán.
  • Maguire, Ben.
  • Meaney, Cornelius.
  • Moane, Edward.
  • Moore, Séamus.
  • Morrissey, Michael.
  • Moylan, Seán.
  • Munnelly, John.
  • O'Briain, Donnchadh.
  • O'Ceallaigh, Seán T.
  • O'Grady, Seán.
  • O'Reilly, Matthew.
  • O'Rourke, Daniel.
  • O'Sullivan, Ted.
  • Ruttledge, Patrick J.
  • Ryan, James.
  • Ryan, Robert.
  • Sheridan, Michael.
  • Smith, Patrick.
  • Traynor, Oscar.
  • Tubridy, Seán.
  • Walsh, Laurence J.
  • Walsh, Richard.
  • Ward, Conn.
Tellers:—Tá: Deputies Bennett and O'Leary; Níl: Deputies Little and Smith.
Amendment declared lost.

I move amendment No. 3:—

In page 3, Section 4 (1), to delete all from the words "the Minister" in line 41 to the end of the subsection, and substitute the words "and from time to time thereafter as occasion requires, the Minister shall appoint a fit and proper person to be the Seanad returning officer for the purposes of this Act."

The purpose of the amendment is to introduce the Seanad returning officer. In the old Bill we had the Clerk of the Dáil. We had a number of other proposals also. The Seanad returning officer will be the person who will have charge of nominations and be responsible generally for the conduct of the election.

Is it proper at this stage to ask what is the type of person contemplated as the Seanad returning officer? Is he likely to be a civil servant?

I do not think there is any very big consideration involved in that question. I think that, in the main, we would be inclined to appoint a civil servant. I have not considered the matter fully except to say that he will probably be a civil servant.

Has any consideration been given to the matter?

There has been sufficient to say that he will probably be a civil servant, but no decision has been taken in the matter as yet.

He will be a civil servant?

The likelihood is that he will.

Amendment put and agreed to.

I move amendment No. 4:—

In page 3, to delete Section 4 (2).

This is of the same character as the previous amendment and is purely incidental. There is no principle involved in it.

Amendment put and agreed to.

I move amendment No. 5:—

In page 4, Section 4 (3), to delete all from the word "every" in line 1 to the word "appointed" in line 3 and substitute the words "the Seanad returning officer to conduct every Seanad election", and in line 5, after the word "off" to insert the word "every".

All those amendments are intended to affect the change over to the Seanad returning officer, who will be in charge of the elections.

Amendment agreed.

I move amendment No. 6:—

In page 4, line 8, Section 4 (4), to delete the words "Seanad returning officers" and substitute the words "the Seanad returning officer", and in line 9 to delete the word "every" and substitute the word "the", and in lines 12 and 13 to delete the words "the Seanad election for the purposes of which he was appointed" and substitute the words "every Seanad election including the preparation of the register of nominating bodies and annual revisions thereof."

This is the same type of amendment.

Amendment agreed.
Section 4, as amended, agreed.
SECTION 5.
(1) Before every Seanad election the Minister shall by order appoint for the purpose of such Seanad election—
(a) the day and hour (in this Act referred to as the expiration of the time for general panel nominations) on and at which the period during which the Seanad returning officer may receive nominations to the panels by nominating bodies shall expire;
(b) the day and hour (in this Act referred to as the expiration of the time for Dáil panel nominations) on and at which the period during which the Clerk of Dáil Eireann may receive nominations to the panels by members of Dáil Eireann shall expire;
(c) the day (in this Act referred to as the day for completion of the panels) on which the Seanad returning officer shall complete the constitution of the panels;
(d) the day (in this Act referred to as the day of issue of ballot papers) on which the ballot papers for the said Seanad election are to be issued and posted to electors;
(e) the day and hour (in this Act referred to as the close of the poll) at which the poll at the said Seanad election is to be closed.
(2) In the case of the first Seanad election, the order under this section shall be made as soon as conveniently may be after the commencement of this Act and, in the case of every subsequent Seanad election, the order under this section shall be made within seven days after the dissolution of Dáil Eireann which occasions such Seanad election.
(3) The following provisions shall apply and have effect in relation to every order made by the Minister under this section except the order so made for the purposes of the first Seanad election, that is to say—
(a) the day appointed under this section for the expiration of the time for general panel nominations shall not be less than four weeks after the dissolution of Dáil Eireann and, where practicable, shall not be prior to the date fixed for the reassembly of Dáil Eireann after such dissolution;
(b) the day appointed under this section for the expiration of the time for Dáil panel nominations shall not be less than seven days after the day appointed under this section for the expiration of the time for general panel nominations and, where practicable, shall be subsequent to the date fixed for the said reassembly of Dáil Eireann.
(4) Every Order made by the Minister under this section shall be published in theIris Oifigiúil as soon as may be after it is made.

I move amendment No. 7:—

In page 4, line 19, Section 5 (1) (a), to delete the words "general panel" and in lines 21 and 22 to delete the words "by nominating bodies".

The substance of this amendment has in fact been discussed at some length in connection with amendment No. 2. This amendment No. 7 is a key amendment covered by a number of other amendments, the fate of which will be determined by the decision in connection with this amendment. I do not think it is necessary to go into any great detail at this stage in indicating the general principles of the Labour Party's scheme for electing a new Seanad, because those principles have been adverted to in the course of the discussion on amendment No. 2, but briefly the object of the Labour amendments is to have a Seanad nominated by the Dáil and elected by the members of the Dáil. On other occasions in this House I have indicated the grounds upon which the Labour Party take that view. We are doubtful that we can get in this country a satisfactory vocational organisation such as would enable you to elect a satisfactory vocational Seanad.

I quoted here earlier this evening a similar point of view expressed by the President about 12 months ago, which bears out in a very forcible manner the views of the Labour Party in that regard. We had the Minister for Industry and Commerce at the Select Committee offering to produce a vocational register in a very short time, but after consideration of the matter the Minister felt compelled to write to the committee and say not only that he could not produce a vocational register in the time at his disposal, but he went on to say: "I am very doubtful if it would be even possible to create satisfactory vocational registers at any time unless and until there has been a considerable development of vocational organisation amongst the public." So that the President, speaking about 12 months ago, and the Minister for Industry and Commerce, speaking less than a month ago, indicated that there was a very unsatisfactory condition of vocational organisation in this country. Yet this Bill, and the Government and the Fine Gael amendments to the Bill, are put up on the assumption that there is a satisfactory type of vocational organisation here which could be utilised for the purpose of electing a vocational Seanad.

I do not believe there is a satisfactory type of vocational organisation here, and I think you can get only a make-believe type of vocational organisation by giving a vocational standing to organisations which in fact are not entitled under any process of reasoning to be consulted in the matter of electing a Second House. I think the method of Dáil nominations and Dáil elections is far preferable. I think, in any case, that you should put the responsibility in respect of nominations on people who can claim to be more in touch with public opinion than so-called professional organisations which in many cases are a mere shell; which in other cases do not by any means represent the particular vocation in its entirely, and which, I am afraid, are not likely to take, in the election of a Seanad, the interest which would be manifested if the nominations and elections were by the Dáil exclusively. But, notwithstanding the imperfect condition of our vocational organisation, it is still possible to have a vocational Seanad, because there is an important difference between vocational organisation and a vocational Seanad. If there were no vocational organisation existent in this country, it would still be possible to get a Seanad elected in such a manner that the various members of the Seanad would be drawn from particular arts and crafts, and in that way the Seanad might be said to give a picture of our activities in an industrial, agricultural and cultural sense.

I think that that is as far as we can go in the matter of getting a vocational Seanad, but we can get that vocational Seanad in that way without reliance upon the unsatisfactory vocational organisation which exists in the country to-day. In fact, it is possible for any one man, by drawing up a list of vocational groups and selecting people with the professional qualifications indicated in the vocational groups, to constitute a Seanad which may be said to be a vocational Seanad. I think the Dáil could do that by Dáil nominations and Dáil elections, and that it is not necessary, therefore, to try to find groups outside the Dáil for the purpose of making nominations. I think the method envisaged by the Labour Party will ensure compliance with the Constitution inasmuch as it will give the country a vocational Seanad, that is one representative of the various activities of the nation. A Seanad elected in that way by members of the Dáil, who are presumed to be members with special responsibility and who can claim to be much more in touch with public opinion than vocational bodies are, will be a better type of Seanad than will be found by reliance on vocational bodies, which are not very large in number; which do not represent the vast masses of the people in the same way as Deputies do; and which in many cases do not represent even the people purported to be covered by the vocational organisation itself. This amendment No. 7 has, therefore, been submitted to implement the Labour Party's conception of the manner in which the new Seanad should be elected. I submit it to the House in order to test the feeling of the House on the general scheme submitted by the Labour Party as an amendment to the Government Bill.

May I rise to a point of order? May we or ought we to discuss the general question of nominations on this amendment? I am in the difficulty that, if I do, when we come to the actual sections—for instance, the 11 sections which are proposed to be inserted before No. 8— we may be debarred on the ground that discussion has already taken place. On the other hand, I cannot feel that I can adequately discuss the question of the nominating bodies— whether the Dáil or outside bodies— on this particular amendment.

I do not quite understand what point the Deputy is raising.

On an amendment which is to a certain extent consequential on other changes, I do not know whether we can discuss fully the question of nominations.

I do not think there is anything to prevent the Deputy from discussing it fully subsequently.

That is what I wanted to be clear on.

Am I not right in assuming that the intention is to test which of the three proposals before the House is to be the basic proposal?

That is what I object to. What are the three proposals?

When we decide which is the basic proposal, that will have to be dealt with then in detail. I take it that the last division has given a fair indication of the opinion of the House on the proposals put forward by the Fine Gael group, and I take it that this here, in so far as the main idea behind it is concerned, is intended to find out how far the Labour Party are going to get the support of the House in nominating a Dáil electorate.

I recognise that if this amendment is defeated there will fail with it quite a variety of amendments which are built with this as the keystone.

I submit that it would be for the convenience of the House that a discussion on this amendment should be as wide as possible.

I gathered that the idea was to get a decision on what was a basic scheme. We had a decision on one proposal and the question to be put now will decide on the Labour Party's proposal. There is then the proposal in the Bill. If this falls, quite a number of amendments which would be merely machinery implementing the proposal in the scheme that the Labour Party put forward——

Will fall as well.

That is all that will fall—the Labour Party amendments.

The amendments that would fall are 8, 13——

They are the Labour Party amendments.

That is all I want to know.

I do not think I should detain the House by speaking on this. In the speech I made before the last division I took the different proposals and explained our attitude towards them. I do not think we would get any further by having another speech now.

I am going to appeal to Deputy Norton. In amendment No. 8 he seeks to delete the words "Dáil panel" and substitute the word "preliminary". I have a fair idea of what his scheme is. He has a distinction made between a preliminary panel and what he calls the nominations proper. Perhaps the Deputy would explain the matter so that it might be better understood.

What precise point is the Deputy anxious to have information upon?

What is the special point in amendment No. 8?

It is part of the general scheme to have a preliminary panel.

The suggestion is that there will be only one panel, the Dáil panel. Is there to be a preliminary panel?

A preliminary panel, which subsequently becomes a Dáil panel.

The point is that there will be a committee to examine certain qualifications.

Do I take it there are two points now before the House? One point has reference to whether nominations should be confined to the Dáil or shared between the Dáil and outside bodies. There is a second proposal, that there should be a preliminary panel prepared and it should be the duty of somebody as between the time of the setting up of the preliminary and the final panels to revise those who have become candidates in respect of their qualifications regarding the Constitution. If that falls, what is the position?

If the Government scheme is accepted, there is also a provision for examination and revision there.

Are they the same?

Not quite the same.

Then we are deciding two points?

I suggest we are not. When this question comes up there will be a viewpoint with regard to a particular aspect and possibly at a later stage there might be some question of an amendment if there was some modification of it. I take it that that is what the Deputy is anxious to provide.

I understand the position to be that the Labour Party's conception of nomination will be dealt with on amendment No. 7. If that is disposed of, we run on until we reach amendment No. 23, which is the Government's method of nomination. There is a method of revising the nominations there. Deputy McGilligan's point can then be made on the Government scheme. The decision on amendment No. 7 will not prevent discussion on such revision as is provided for under the Government's scheme.

I take it Deputy McGilligan wants something more than that. He might want your particular method to be adopted rather than the one put forward by the Government. I take it his anxiety is to see that he will have some opportunity for putting an amendment to our proposal in case ours was the only one with which he had to deal.

Amendment No. 8 is of no use to us if amendment No. 7 is defeated.

Deputy Norton's idea is that the revision is to be carried out by means of a revision by the Dáil. I think that is covered in amendment No. 43, which refers to the committee of revision. The idea is that the panel in its preliminary form is to be revised by a committee of revision, and Deputy Norton's idea of that committee is set out in amendment No. 43. The committee is to consist of 21 members, all of whom shall be members of the Dáil.

The Ceann Comhairle shall be the chairman, and the Clerk of the Dáil shall be the secretary. The chairman shall not be entitled to vote, and 15 members shall form a quorum. Against that the President has a proposal which has to be got by reference to two different sections. It opens with amendment No. 68, goes on to amendment No. 69, and amendment No. 70 has something to do with it. I understand the President's proposal to be that at a certain stage there is to be a certain revision done. It is to be done first by the Seanad returning officer and after that there is an appeal committee, and then there is the President of the High Court, all dragged in together.

All dragged in in succession.

There is the question of the nominating body. That matter is dealt with by the Seanad returning officer and there is an appeal from his decision as to whether there is a particular body entitled to be a nominating body; there is an appeal to a committee of the Dáil. The other appeal is when the nominations have come in and the returning officer is ruling on them and preparing a ballot paper. There is sitting at that time a judicial referee to whom an appeal can be made as against the decision of the returning officer with regard to the inclusion or exclusion or description of a particular candidate on the panel. The two appeals are for two different purposes. The committee will appeal with regard to the bodies, because that is largely a matter of political judgment, so to speak. Perhaps that is not quite a happy phrase.

It might be happier than the true one.

It would more naturally be determined by a body such as a committee of the Dáil rather than by a judge. The other is matter in which there is a question as to whether a particular person has been properly or duly nominated and whether a description of him on the ballot paper is in accord with the facts.

I do not think that we have got the full details. Everything pivots on the Seanad returning officer. The Seanad returning officer is a person to be appointed by the Government. We are not told anything as to his type. Consideration of that point has not gone so far that we could be told even that he is likely to be a civil servant. The shades of an ex-secretary of the Department of Local Government must hover around this whole discussion. We know what happened the civil servant who did not obey his Minister——

Is that the atmosphere in which it is proper to debate this or not? That is a circumstance to which we must have regard. A Seanad returning officer is to be appointed and he will probably be a civil servant. We know what happened one civil servant. I leave that without any more said at the moment. The Seanad returning officer is to decide upon certain things. After he decides, there is an appeal to an appeals committee, which is to consist of 15 members of Dáil Eireann, selected on principles of proportional representation. No decision of the Seanad returning officer can be reversed by the appeals committee unless nine members vote in favour of the reversal. For the purpose of having the worst side of the situation clarified, I put the matter this way: the Seanad returning officer will be a man under the thumb of the Government; he is to rule on certain preliminary points, and his decision cannot be reversed unless 9 out of 15 members of the committee vote for its reversal. That is the first point.

We proceed further and get the Seanad returning officer coming in again with considerable power. After that—I think it is undignified—we get the President of the High Court brought in. The President of the High Court is to have power, there and then, to decide on a variety of things. It seems to me that the President of the High Court might have to decide on reconstituting the decision of the Seanad returning officer which had been reversed on appeal to the appeals committee.

I admit that that is possible but it is not likely.

We shall see. I did not pretend to have clarified the thing to the uttermost, but there is something more before the House now than there was after the President had spoken. We are thinking of Deputy Norton's amendment in the atmosphere as if that was the alternative——

I suggested that we would be dealing with this matter in detail when we would come to our amendment. What I suggested was that we take a decision on Deputy Norton's proposal as indicating the opinion of the House as to whether such proposal should be the basis of the scheme or whether the Government's proposal should be the basis of the scheme. There is a provision of this sort on our part. If there was not a provision of this sort on our side, it would be our duty to provide some opportunity to the House to put in an amendment. When we come down to our proposal, any criticism which the opposite side desire to level against it can be levelled against it. If there is anything just in that criticism, we shall have to provide an opportunity to any Deputy who desires to do so to put in an amendment. Perhaps there is some difficulty from the point of view of order, but I see no difficulty.

I have said already that it may be necessary even to recommit the Bill as a whole when we have matters clarified. When we get at the scheme which is to be the basis of our legislation, I shall try to get the Bill reprinted. When we get through this stage, we may have an adjournment of the discussion so that we may give Deputies a complete Bill embodying the amendments we have passed so far. I think we can provide them with an opportunity to put in amendments if there is anything that requires amendment in the Bill as then before us. In this case, I see no difficulty. If, having discussed this matter, any amendment to which I agree is suggested, I shall bring it up and, if an amendment to which I do not agree is indicated, an opportunity will be given to the Deputy to bring in that amendment.

In regard to this particular matter, there has been no fixed decision that I could call a Government decision, but I can tell Deputy McGilligan how my own mind has been working. I have come to the conclusion that the best type of person to choose is a civil servant, but I admit that he ought to be put into some position of independence. For this purpose, I think he should be put into the position of a commissioner who would have an independent position in respect to the Government. Any degree of independence we can reasonably give should, I think, be given. There is the difficulty, as Deputies will see, that if a civil servant is appointed, there may be a question as to whether he will be seconded. I am sure some method will be devised by which he will not lose his fundamental position as a civil servant. What I have in mind is that he should be given pension and other rights. A civil servant might be slow to sacrifice those for what might appear to be a position which would change with time.

Would he revert after this Seanad election to the Civil Service?

Is it to be a whole-time job?

It would be practically a whole-time job.

If he is going to return to the care of a Minister, is there not the possibility of undue influence?

I admit that.

And the Minister in this Bill is the Minister who got rid of that other civil servant.

I have no fault to find with bringing that up as indicating that something might happen——

But I am not going to allow any idea to obtain that the action in that particular case was not right and proper action. It may be suggested that, hypothetically, some unfair advantage might be taken or unfair pressure used in the case of a civil servant if he remains in the charge of a particular Minister. I myself believe it would be better to have a civil servant. If the Government appointed somebody outside, it might be suggested that the appointment was due to political partisanship or something of that sort. I am anxious to have the person appointed in the most independent position into which we can put him, but we must have regard to the amount of work he is supposed to do. I am anxious to put him in a position in which there can be no suggestion that, in carrying out his duties, he is under the thumb of any Minister.

What would he do in the four years after the election is over?

There are annual revisions to be provided for.

He has no functions of that sort in this Bill.

He will have a disturbed fortnight every year.

From one point of view, we are, I think, exaggerating, as we are inclined to do, by taking the worst possible aspect into account.

This matter has been fully discussed with the Ceann Comhairle, and I think that the view of the Ceann Comhairle as to the order in which these matters should be discussed was made clear in a memo, which he circulated. I think it is quite clear that the proper place for this matter to be raised is on the scheme put forward by the Government. This is clearly a pivotal amendment with reference to the basic schemes, and I think that the matters which Deputy McGilligan, Deputy Norton and other Deputies are raising would more properly arise on that scheme.

There are a number of amendments by Deputy Norton, and I understand that the Labour amendments, as a whole, fall. But there are two portions in the Labour amendments—the nomination and the election. Take a man who wants nomination from bodies outside the Dáil. Of two bad schemes, he would prefer not to have election by county councils. Where are we? How is a man with that very reasonable point of view to vote on this amendment, if not merely the question of nomination but the question of election falls?

The question of election would be decided on amendment No. 90.

What Labour nominations do not fall, then?

I was endeavouring to give the list of amendments, and I will give them now so that Deputies may know where they stand. They are Nos. 8, 13, 14, 15, 41 to 48——

Why should No. 43 fall?

I protest against No. 43 being decided on this.

Information on this point has been circulated to the Deputies, I understand, and I also understand that no protest was made yesterday when the Ceann Comhairle was giving his decision on this matter.

I think he merely put it forward as a proposal of procedure. The Government have a method of an appeal committee. Here is another method. Why should the Government method stand on the Paper and this be ruled out, because so far as I can see No. 43 can stand as an appeal committee, whether or not this amendment we are now discussing is defeated?

This decision on order has been circulated by the person who is the authority on order.

I do not read it as a ruling. The note I got from the Ceann Comhairle read: "The Chair proposes to afford the Committee an opportunity of arriving at decisions on the pivotal points by the following procedure." It was a suggestion as sent to me and I took it in that way.

I think the ruling was definitely given yesterday. The remainder of the amendments which fall are Nos. 54, 59, 61, 73, 74 and 77.

On this amendment, I do not intend to say much. I gave my views pretty fully this afternoon. I believe in the possibility of a vocational Seanad and I believe that the Government have shirked that possibility, that they have satisfied themselves, as they have done in so many other instances, by merely lip-service to that cause. So far as consistency is concerned, though I do not agree with the amendment and what it proposes to do, there is a great deal more consistency in the line taken up by it than there is in the line taken by the Government Party. If these nominating bodies are good enough for the purpose of nominating, they are good enough for the purpose of electing. I fail to see any reason why that should not be so, and I cannot look upon the failure of the Government, when they are insisting on nominating bodies, to go further and to have a Seanad fully elected by bodies outside this House, as being due to anything but the fact that they do not believe in their principle of a vocational Seanad, of electing a Seanad on vocational lines by vocational bodies, any more than does Deputy Norton, and the suggestion that they do is mere pretence on their part.

I think you can have these nominating bodies. They are not perfect, but I do not consider their imperfection a drawback. They are supposed not to be representative, but they will be representative enough for the purpose required, that is, to get a Seanad of a certain type, but I will say that there are bodies already in existence quite capable of fulfilling the task of nominating. Therein I have that much agreement with the Government, but the Government, having accepted the main difficulty, namely, the existence or non-existence of these bodies, and decided that they were there, I say they are good enough and satisfactory enough for the purpose, as I put it this afternoon, of electing, in practice, 21 members, or at least of seeing that 21 members are elected. If they are good enough for that purpose, they are good enough for electing the whole Seanad. There is no rhyme or reason for the Government stopping where they are stopping, except for the one reason, that they want, not a Seanad independent of the Dáil, but completely under the control of the Party machinery. Whether you get that better through the Dáil, or through the Dáil plus other bodies, is another matter, but the main purpose has already been killed by the Government. There is still in this the idea that outside bodies have at least a little say, but the whole spirit of the Constitution in this matter, as so often explained ad nauseam by the President, is violated by the President at the first opportunity. In other matters, there is no good in getting up and saying: “My idea is to have so-and-so and to get as much independence for the civil servant as possible,” if he does not tell us, not what his aspirations are, because we generally find that his aspirations are quite contradicted by his conduct, but how he intends to achieve that. I have no confidence in any of the proposals they make in that respect.

If we are going to take Nos. 7 and 8 together, I want to appeal to Deputy Norton——

No. 8, I understand, falls with No. 7.

I do not want to restrict the discussion, but we are not going to travel over the whole subject.

I am asking Deputy Norton to tell me, as one unenlightened member of the Dáil at the moment, what is contained in this scheme of his aimed at by amendment No. 8. He is going to have preliminary nominations and after those there are going to be other nominations.

Look at amendment No. 43.

I am going to suggest that No. 43 is the amendment that is relevant and that it requires some explanation. In voting on amendment No. 7, we are going to decide, not merely the general question as to whether there ought to be nominations by outside bodies or merely by the Dáil, but we are going to decide on a scheme of revision, and apparently we are going to have ruled out, if No. 7 is defeated, Deputy Norton's scheme of revision. We shall then be left with what the President calls his scheme for revision, his basic scheme, with the possibility of amendments being moved to it at some later stage of this Bill, which is already in its Fourth Stage. One thing we will not be allowed to go back on is Deputy Norton's proposal of an appeals and revision committee composed of members of the Dáil, and I should like him to tell us the details of his amendment No. 43 and of those that follow on it.

Clearly, if the main portion, the sub-structure on which the other amendments are built, falls the supplementary amendments, the machinery amendments cannot be moved.

I quite appreciate that, and in order that we may not be knocking down more than we are aiming at, I want to find out what is in the subsidiary parts of these amendments.

I agree with Deputy McGilligan that, technically speaking, even after No. 7 has been disposed of, and, let us say, for example, defeated, it is still possible to preserve portion of the structure by moving amendment No. 8, providing for a preliminary panel and hooking that up with No. 43, providing for a committee of recommendation to deal with that preliminary panel. I gather that Deputy McGilligan's point of view is that he prefers the committee of revision in No. 43 to the committee of revision provided for in the Government amendment?

In so far as I understand them, yes.

Therefore, he wants to preserve an opportunity to discuss the amendment.

That is all right from the Deputy's point of view. The main amendment is amendment No. 7, upon which the whole Labour scheme hangs. If amendment No. 7 falls the other amendments are regarded as relatively unimportant. Deputy McGilligan may continue to have a residual interest in amendments No. 8 and 43, but we have no substantial interest in the other amendments if No. 7 falls.

If the substance of amendment No. 43 cannot be moved at the next stage, what is the position? If the President says "Yes," all right. I put it technically that if No. 7 falls it seems to me it is defeated.

The Chair is not prepared to give a decision on a matter that is not before it. It is being asked to decide something that is in the air.

And if amendment No. 43 is not moved?

As I understand the ruling of the Chair, amendment No. 43 falls whether amendment No. 7 is moved or not. It cannot be moved at a later stage. I suggest, with deference, that the Chair has actually pronounced a ruling on the point that it is now determined to avoid. The matter was described as being "in the air."

The decision on No. 7 will govern No. 43.

Only agreement not to move No. 43 would give No. 7 an opportunity.

It is consequential on the defeat of the other.

I think it is a separate scheme. I lose interest if No. 7 is defeated.

If I might interpret the position I think the Chair recognises that we have here a rather difficult question in regard to order, and the decision of the Chair was to give every possible facility to get into the ordinary line of order. I do not know what it would mean if the Deputy did not propose to move No. 43. There is an obvious way out, by not moving No. 43 at this stage. On previous occasions decisions of that sort were given when amendments were not moved.

That is not the point. It is not that they are not moved. It is that they cannot be moved.

Why? I did not interpret it in that form.

I do not think it was intended to be suggested as the ruling of the Chair that the falling of the amendment meant that it could not be withdrawn for a subsequent stage. I think the general intention was that the whole scheme in this series of amendments was that the basis would determine, and that all others were regarded as consequential. If an amendment like No. 43 could be put on an independent basis and attached to another scheme, I did not take it that it was intended that it fell in an absolute sense. I suggest that the difficulty could be got over in the way mentioned, by not moving No. 43, but keeping it in reserve to be moved in a similar proposal in our scheme.

Does the Chair accept that interpretation of its views?

The Chair took the amendments I read out as amendments implementing the scheme of which No. 7 is the basis, and if No. 7 fell, amendments consequential that were read out also fell.

Because they were consequential?

The phrase "consequential" is used in the motion.

I think it could be argued that No. 43, while part of our scheme of amendments, nevertheless has an independent character about it and could be moved separately.

Does the Deputy say that it is not implementing but could stand by itself?

It could stand by itself as a scheme of revision or as an alternative to what is provided in the Government's amendment.

I suggest that the Deputy should make that point when we reach No. 43.

It will arise partly on amendment No. 8. If you wish we might pass over No. 8 now.

Might I point out the consequence of the ruling you are asked to give? I moved amendment No. 2 and it was defeated, and now I am told that that rules amendments Nos. 16 to 21. The only thing that ties amendments Nos. 16 and 21 is the preamble. The idea of the electoral college can be moved without regard to the first Seanad election. Do I take it that I can move the whole scheme for the electoral college apart from the first Seanad election? I think I will, in view of the ruling.

If Deputy Norton's amendment No. 43 can stand on its own, and if it is not consequential to No. 7, I think he might consult the Ceann Comhairle about having another amendment of the same nature and embodying the same principles submitted.

To follow the metaphor you put, it would be possible to take out of Deputy Norton's fallen structure a sound plank and put it up against the Government's rotten structure, in order to show it up.

Did the Chair say that?

I do not think I did.

That is too much to try.

I will put amendment No. 7.

I cannot understand where we are with regard to limitation of debate until I find out what happens to amendment No. 8, which means what will happen to No. 43. I think we are brought up against that. I propose to discuss amendment No. 43 here and now. I think that is the proper procedure.

I am not restricting discussion as far as the other amendments are concerned. I am anxious to give the widest discussion cognisant with the Ceann Comhairle's decision. I am anxious that the memorandum he circulated should be adhered to.

Suppose we get a decision on amendment No. 7 to-night, and if it is desired to discuss No. 43, with your permission I will move amendment No. 8, pleading that it is an entirely separate scheme. I can make the case for No. 8 and for No. 43, that they are separate schemes and, if necessary, part of the general scheme which we submitted in the course of the amendments. It was described as having an existence of its own, and could be put in apart from the other amendments, or incorporated in any scheme. If we reach a decision on No. 7 to-night and it is desired to discuss No. 43, I will formally move it.

It has been agreed, on the Ceann Comhairle's ruling, that if No. 7 falls, No. 8 and No. 43, being consequential, and implementing the basic scheme, cannot be moved.

I accept that ruling. If No. 7 is defeated I have not the same interest in No. 8 and No. 43. On the other hand, if I regarded No. 8 and No. 43 as being as important as No. 7, I should fight that ruling. I only accepted that ruling because I lost interest if No. 7 was defeated.

I am not concerned with the Deputy's second thoughts. I am concerned with what the Deputy and the House agreed to when the Ceann Comhairle gave the ruling. Discussing this matter now is really not quite orderly in view of the fact that the Ceann Comhairle has already given a ruling on it. Since he has indicated what that ruling is to several Deputies in all Parties in the House, the only thing that I can do now is to adhere to that ruling while not restricting discussion on amendment No. 7, but to give it as wide an ambit as possible. That is the best that I can do in the circumstances that have now arisen.

I wish to say something on amendment No. 43, and the matter contained in it, and on the contrary amendments that are in the name of the President. As I understand Deputy Norton's scheme it is this: that members of the Dáil would put forward nominations. They are put on a panel without an examination. After that a panel of a provisional type is prepared and a committee of revision is set up which contains 21 members of the Dáil. Nobody can be removed from that panel unless two-thirds of the 21 vote for the removal. That, at any rate, is a clear proposal. Its merits can better be clarified by contrasting it with some of the other proposals that may be put before the House. I think I have given the details of it in that brief statement. The first point is that there may be nominations. Once a person is nominated he goes on the preliminary panel, and the only body that can remove a person who has the requisite number of nominations is the committee of revision. That is a body consisting of 21 members of Dáil Eireann elected on the basis of proportional representation from this House. Before anybody is removed from the provisional panel there must be a two-thirds majority in favour of the removal. That scheme has the merit of simplicity and clarity.

The contrary scheme is more complicated. The Seanad returning officer may be a civil servant and, as such, in a dependent position. One must insist that he is to be nominated by the Minister for Local Government, and if he is a civil servant that has an ominous ring about it already! The Seanad returning officer nominated in that way is given tremendous power concerning this Bill and the working machinery. He gets the nominations, and from them builds up the lists. There is to be a committee of revision established. The decisions of the Seanad returning officer can only be disturbed if nine out of a committee of 15 vote in favour of reversing this unknown civil servant, who may be under a certain amount of terrorism in regard to his official position. At a later stage, under the President's proposal, there is what is called the completion of the panels. The Seanad returning officer again interferes but has not so much power immediately. His power has already been exercised, excluding certain people, and his decision is not reversible except on the conditions that I have stated. At this final stage the judicial assessor, the President of the High Court, comes in, and there I cannot see anything in this proposal which gives the legal assessor the power to reinstate a name that has been knocked off. But the President of the High Court comes in at the last moment to make a further selection from the list. These are the two schemes. Under the Government scheme the Seanad returning officer rules the list first, and remember, he is going to pass judgment on whether people are properly nominated for a particular panel or not properly nominated. He is not dealing there with a mere technicality as to the correctness of the nomination paper. He is dealing with the point whether people are qualified or not, on a legal matter—the qualifications of people in regard to the Article of the Constitution. If he rules on that he may do so at his own discretion, and his decision can only be upset by nine out of a committee of 15 voting against. Later, the list may be thinned in regard to nominations by the legal assessor, the President of the High Court.

Only on appeal.

In regard to the nomination paper, does that mean as to whether it is correctly signed and whether a person is correctly nominated to a panel, or does it mean whether a particular candidate is qualified under the terms of the Constitution? If the decision on this latter point is to be by the Seanad returning officer we have an amazing position. He is being given almost absolute power. There is just the slight power to reverse him by a vote of nine out of 15. As I have said, Deputy Norton's proposal is quite simple. It may not commend itself to people in some respects, but the proposal there is to put up folk whom they consider to be qualified as candidates. Everyone so nominated must go on the list, and the only way a person may be removed from the list is by the vote of a two-thirds majority in a committee of 21. I would like to have both schemes further clarified. I am completely against the extreme power that it is proposed to give to the Seanad returning officer, and at the same time I am again permitting a completely lay body to decide whether people nominated under Deputy Norton's proposal are qualified in accordance with the terms of the Constitution.

I am putting the amendment.

In your absence, Sir, a question was raised as to whether the decision on amendment No. 7 was going to determine this question of the revision committee. The note which was circulated with amendment No. 43 set out that it would fall with amendment No. 7.

I can assure the Deputy that the Chair considered very carefully all aspects of these amendments. Amendment No. 43 deals, if my memory serves me right, with Deputy Norton's proposal for revision of the nominations made by the Dáil only. In my view that is certainly part of his scheme. Apart from that, there are the earlier amendments—Nos. 27, 28 and 29—which contain the Government scheme. If they are carried they will have set up a different revision before amendment No. 43 is reached. This appeal committee would have a different type of duty and deal with a different type of nomination, apart altogether from the difference to Deputy Norton's scheme. If they are carried, it would be inconsistent and indeed ridiculous for the House to pass an amendment setting up a committee inconsistent with the suggested Government's committee.

The suggestion has been made that amendment No. 43 could be considered apart from the other amendments, and it has been suggested that it could be moved at a later stage.

If amendments Nos. 27, 28 and 29 were carried, amendment No. 43 could not be moved later.

I think that amendments Nos. 27, 28 and 29 are not complete——

They lay the foundation of a different scheme of revision—a committee having different duties. It is obvious that No. 43 should fall with amendment No. 7.

Well, I want to vote against amendment No. 7, but I want to have a line on what would happen with regard to amendment No. 43.

Well, amendment No. 43 is related to amendment No. 7.

I do not know, but it seems to me to be an impossible position.

Perhaps I might be allowed to intervene. I said that I would be prepared to take amendments of that character to our proposal with regard to revision. Now a point has been raised as to whether or not an amendment of that character could be brought in as an amendment to our proposal. If Deputies would prefer that, perhaps that is the only way to deal with it.

It might be considered whether that amendment could be altered to meet the altered text.

Could it be withdrawn at this stage?

As amendment No. 43 has not been moved it cannot be withdrawn.

If it is not moved now, is it not possible to move it later on?

Not in its present form; it might possibly be redrafted.

An alternative provisional committee could be moved?

That can be decided later.

I wish to point out that there is not a word in amendment No. 43 tying that amendment to amendment No. 7.

Yet it is connected with the scheme in amendment No. 7. However, amendment No. 7, which has been moved by Deputy Norton, is as follows:—

In page 4, line 19, Section 5 (1) (a), to delete the words "general panel," and in lines 21 and 22 to delete the words "by nominating bodies."

I am putting the question: "That the words proposed to be deleted stand."

Question put: "That the words proposed to be deleted stand."
The Committee divided: Tá, 91; Níl, 11.

  • Aiken, Frank.
  • Allen, Denis.
  • Bartley, Gerald.
  • Beegan, Patrick.
  • Benson, Ernest E.
  • Boland, Gerald.
  • Bourke, Dan.
  • Bourke, Séamus.
  • Brady, Brian.
  • Brady, Seán.
  • Brasier, Brooke.
  • Breathnach, Cormac.
  • Breen, Daniel.
  • Brennan, Michael.
  • Breslin, Cormac.
  • Briscoe, Robert.
  • Brodrick, Seán.
  • Browne, Patrick.
  • Carty, Frank.
  • Cleary, Mícheál.
  • Colbert, Michael.
  • Corry, Martin J.
  • Cosgrave, William T.
  • Crowley, Fred Hugh.
  • Daly, Patrick.
  • Davis, Matt.
  • Derrig, Thomas.
  • De Valera, Eamon.
  • Dockrell, Henry M.
  • Dowdall, Thomas P.
  • Esmonde, John L.
  • Fitzgerald-Kenney, James.
  • Flinn, Hugo V.
  • Flynn, John.
  • Flynn, Stephen.
  • Fogarty, Andrew.
  • Fogarty, Patrick J.
  • Friel, John.
  • Fuller, Stephen.
  • Giles, Patrick.
  • Gorry, Patrick J.
  • Harris, Thomas.
  • Humphreys, Francis.
  • Keating, John.
  • Kelly, James P.
  • Kelly, Thomas.
  • Kennedy, Michael.
  • Killilea, Mark.
  • Kissane, Eamon.
  • Lavery, Cecil.
  • Lemass, Seán F.
  • Linehan, Timothy.
  • Little, Patrick J.
  • MacEntee, Seán.
  • MacEoin, Seán.
  • McFadden, Michael Og.
  • McGilligan, Patrick.
  • Maguire, Ben.
  • Meaney, Cornelius.
  • Moane, Edward.
  • Mongan, Joseph W.
  • Moore, Séamus.
  • Morrissey, Daniel.
  • Morrissey, Michael.
  • Moylan, Seán.
  • Munnelly, John.
  • Nelly, Martin.
  • O Briain, Donnchadh.
  • O Ceallaigh, Seán T.
  • O'Grady, Seán.
  • O'Higgins, Thomas F.
  • O'Leary, Daniel.
  • O'Neill, Eamon.
  • O'Reilly, Matthew.
  • O'Rourke, Daniel.
  • O'Shaughnessy, John J.
  • O'Sullivan, John M.
  • O'Sullivan, Ted.
  • Redmond, Bridget M.
  • Reynolds, Mary.
  • Ruttledge, Patrick J.
  • Ryan, James.
  • Ryan, Jeremiah.
  • Ryan, Robert.
  • Sheridan, Michael.
  • Smith, Patrick.
  • Traynor, Oscar.
  • Tubridy, Seán.
  • Walsh, Laurence J.
  • Walsh, Richard.
  • Ward, Conn.

Níl

  • Burke, Patrick.
  • Corish, Richard.
  • Heron, Archie.
  • Hogan, Patrick.
  • Keyes, Michael.
  • Lawlor, Thomas.
  • McGowan, Gerrard L.
  • Norton, William.
  • O'Brien, William.
  • Pattison, James P.
  • Roddy, Martin.
Tellers:— Tá: Deputies Little and Smith; Níl: Deputies Keyes and Heron.
Question declared carried.

I move to report progress.

Progress reported; Committee to sit again to-morrow.
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