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Dáil Éireann debate -
Saturday, 2 Sep 1939

Vol. 77 No. 1

First Amendment of the Constitution Bill, 1939—Committee and Final Stages.

Bill passed through Committee without amendment and received for final consideration.
Question proposed: "That the Bill do now pass."

On that question, I would like to get one assurance from the Taoiseach. Everyone will concede that, if Britain is at war, a state of national emergency must exist here, but I should like the Taoiseach to say definitely that a state of war, let us say, for instance as between China and Japan, will not be used by a majority Party in this House and in the Seanad to create here conditions of emergency entitling the Government to do the emergency things they would be entitled to do under this legislation.

Certainly, as far as this Government is concerned, we give that assurance. The trouble is this, that when this amendment is passed if you had an unscrupulous majority, both in the Dáil and in the Seanad, it could, by pretending to have an emergency and by pretending to submit to the rules of law and Constitution, do that.

You have had a two years' test.

Question put and agreed to.

This Bill, presumably, now goes to the Seanad and is then going to be presented to the President for signature. Is there not an Article of the Constitution which deals with a time limit?

A resolution will have to be passed in the Seanad to meet that.

That a shorter time is necessary?

Yes.

The Dáil adjourned at 4.5 p.m. and resumed at 6 p.m.

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