I ask for leave to introduce a Bill entitled an Act to amend the Constitution. I might be permitted, before I deal with the amendment to the Constitution Bill to explain briefly to the House the circumstances in which we find ourselves. For a considerable time past, I am sure all Deputies, like the Government, have been looking anxiously at the European situation and hoping against hope that it was not going to lead to another European war. Until the very last moment, there seemed to be a hope, but now, that hope appears to be dispelled, and we who were anxious not to cause any undue anxiety here amongst our own people, put off, as long as possible, calling the Dáil to deal with the emergency which would arise if such a state of war came into being. Now, our desire not to put members of the House to the inconvenience of coming here unnecessarily, and also the desire not to create any undue public anxiety has left us with very little time, now that the emergency has come, to give notice of the measures that we think should, in the national interests, come into law during the crisis. We are, therefore, asking Deputies to come here at short notice, and we are asking them also to facilitate the Government by giving us these essential measures with all possible speed.
Deputies will notice on the Order Paper that there is a resolution relating to measures of a guillotine character, but, in consultation, we considered that it was more in accord with the general feeling of the House, probably, and more likely to he understood by our people, if we dispensed with such a motion, although there is extreme urgency for the passing of these measures, and if we left it to the good sense of the members of the Dáil, and to the co-operation of other Parties, which we confidently expect, to facilitate us in getting these measures through.
Now, the policy of the Government, as indicated by the amendment of the Constitution, because it does indicate it indirectly, does not, I am sure, come either upon the members of the House or upon the public, as a surprise. Back in February last I stated in a very definite way that it was the aim of Government policy, in case of a European war, to keep this country, if at all possible, out of if. We have pursued that policy, and we intend to pursue it. On another occasion, when speaking in the House of that policy, I pointed out how extremely difficult it was going to be. In a sense, it brings up for the Government of a nation that proposes to be neutral in a war of this sort problems much more delicate and much more difficult of solution even than the problems that arise for a belligerent.
It is not, as some people appear to think, sufficient for us to indicate our attitude, or to express the desire of our people. It is necessary at every step to protect our own interests in that regard, to avoid giving to any of the belligerents any due cause, and proper cause, of complaint. Of course, when you have powerful States in a war of this sort, each trying to utilise whatever advantage it can for itself, the neutral State, if it is a small State, is always open to considerable pressure. I am stating what every one of you knows to be a fact. Therefore, I stated, when I was speaking of our policy of neutrality on a former occasion, that it was a policy which could only be pursued if we had a determined people, people who are determined to stand by their own rights, conscious of the fact that they did not wish to injure anybody, or to throw their weight, from the belligerent point of view, on the one side or the other.
As I have said, I do not think our policy comes as a surprise to anybody. We, like other peoples, individuals, have, each one of us, our sympathies in struggles of a kind like the present. In fact, as war is a great human tragedy, and as wars are initiated usually for no slight reason—there is generally some fundamental cause of sufficient magnitude to make nations resort to the arbitrament of force—it is only natural that, as human beings, we should judge the situation and, having formed a judgment, sympathise with one side or the other. I know that in this country there are sympathies, very strong sympathies, in regard to the present issues, but I do not think that anybody, no matter what his feelings might be, would suggest that the Government policy, the official policy of the State, should be other than what the Government would suggest.
We, of all nations, know what force used by a stronger nation against a weaker one means. We have known what invasion and partition mean; we are not forgetful of our own history and, as long as our own country, or any part of it, is subject to force, the application of force, by a stronger nation, it is only natural that our people, whatever sympathies they might have in a conflict like the present, should look at their own country first and should, accordingly, in looking at their own country, consider what its interests should be and what its interests are.
It is not as representing the sentiments or feelings of our people that the Government stands before you with this policy. It stands before you as the guardian of the interests of our people, and it is to guard these interests as best we can that we are proposing to follow the policy which I indicated as Government policy as far back as February last. I do not think, therefore, it is necessary for me to add anything, in view of the timely notice and in view of the fact that there has been from no part of the country, as far as I have seen, any strong or any definite objection to that policy, except to say that I am sure all reasonable people must realise the difficulty.
I will pass on then directly to the measures that are before you. The first measure relates to the amendment of the Constitution. That is a very simple measure, and I hope we will be unanimous, if that is at all possible, about it. It arose in this way. When we were considering the powers that it would be necessary to secure for the Government in an emergency such as has arisen, some doubt was expressed by legal officers as to whether "time of war" might not be narrowly interpreted by courts to mean a time in which the State was actually a participant, a belligerent. That narrow interpretation I do not think had occurred to any body when the Constitution was being considered in the Dáil. I do not know what view a court might take on the matter, but I think you will all agree that in circumstances like the present, in which you would have several nations all around you engaged in war, creating conditions of a type here which are altogether abnormal and which could not exist except in a time of such a general war, an amendment of the Constitution, so that that particular meaning will be applicable to it, is in accord with the general idea of the Article of the Constitution.
We are, therefore, extending "time of war" or, if not extending it, we are making it clear that "time of war" should mean a crisis such as the present, provided, when there are hostilities and conflict about us, there is a resolution both by the Dáil and the Seanad indicating that such an emergency exists, that such a condition exists. You will, therefore, observe that in that particular measure we are simply resolving a doubt, or, if it is not resolving a doubt—if somebody were to hold that legally there is no doubt; that a time of war can only mean a time at which the State is an active participant—we are, under that assumption, extending the meaning to be that which, I think, everybody would reasonably expect it to cover when we were passing the Constitution.
With regard to the other measure, it does undoubtedly confer on the Government very extensive powers, powers which a representative Government of a democratic State could ask for only in times of emergency such as that in which we are. It is not possible to ask for those powers other than in a general form, because no one can foresee accurately what are the conditions that may arise, or what are the necessities that may call for prompt action. The Minister for Industry and Commerce will take charge of the Bill in the House, and if there are any particular questions which arise as regards the general application of any of those sections he will give you answer and reason as to why those powers are necessary. I do not think in this general statement that it is necessary for me to go into them. However, it has been brought to my notice that in these general powers, of very wide character as they are, power might be given to the Government, for example, to introduce compulsory military service, or conscription of industry or labour, or enabling them to take property, for example, without any idea of compensation. With regard to the first, we are introducing an amendment. As you see, an amendment has been circulated to meet that particular point. With regard to the other—the question of compensation for property that may be taken over—it is proposed to meet that by having a special Bill, which will be introduced in due course, covering the conditions in regard to compensation, the steps that may be taken so that the proper amount of compensation may be adjudged in the circumstances, and so on. If there are any other matters of that sort which arise during the course of the discussion on this Bill, we will be able to indicate the Government attitude in regard to the matter.
Another question which was raised was that, under this general power of suspension of certain enactments, the Government might, for example, suspend old age pensions, or something of that sort. Of course I need hardly say that there is no intention on the part of the Government to use those powers in such an arbitrary way. If at any time I get from responsible leaders of Parties any representations that such Orders should be considered by the Dáil—that the Dáil should be summoned in order to give an opportunity for the Dáil to discuss them— in so far as that is at all possible it will be done. The Government is prepared to meet any reasonable demands that may be made by any members of the House, but, as you will all understand, we have a very heavy burden of responsibility placed upon us. Problems of all types will have to be solved, and solved without delay.
The question of essential supplies will in itself furnish quite a number of problems, and in order the better to deal with some of those problems I think it will be necessary to have some slight rearrangement of the functions which are carried out by the members of the Government at the moment. It may be necessary, for example, to put a Minister in charge of supplies, so that he will be able to give his whole time to that very important service. There is a number of defensive services also which need to be coordinated, and it may be necessary to arrange that the present Minister for Defence may be put into a position in which he will be able to co-ordinate those activities. It would be unwise at this stage to set down or state in a hard and fast way what arrangements may have to be made, and in order to give the greatest amount of elasticity and the greatest amount of room for such rearrangement we are asking for the power which is indicated there, the power of delegation. That delegation, of course, can only be to other Ministers. For instance, if one Minister would have under the new circumstances too much work, he may be able to delegate portion of it to be done by another Minister. If that is so done, then the Minister to whom it is delegated will be responsible to the House for the delegated portion. If it is not delegated to a Minister, but, for example, to a Parliamentary Secretary, or, let us say, to some high Government officer, then the Minister who has delegated will still be responsible to the House.
Considering that the time is very short, we should like to have those measures as soon as possible. I do not propose to delay the House any longer. I would ask you then to accept the First Reading of those two Bills which have been circulated, and after that to discuss the Bill for the amendment of the Constitution. After that, the Minister for Industry and Commerce will deal with the Emergency Powers Bill.