Dáil Éireann debate -
Tuesday, 5 May 1942

Vol. 86 No. 11

Referendum Bill, 1941—From the Seanad.

The Dáil went into Committee to consider amendments from the Seanad to the Referendum Bill, 1941.

Minister for Local Government and Public Health (Mr. MacEntee)

I move that the Committee agree with the Seanad in the following amendment:—

Section 8. In sub-section (1), page 4, all words from and including the word "and" in line 41 to and including the word "Government" in line 44 deleted and the words "it shall be lawful for the Minister to" substituted instead; and in line 46 the words "such referendum" deleted and the words "the referendum on such proposal" substituted instead.

In the discussion here on the Bill and also in the discussion in the Seanad, the point was made that Section 8 and Section 10 of the Bill, as originally drafted, contained a provision which might be held to be repugnant to the Constitution, in so far as it gave to the Government the power to determine whether or not a referendum on a proposal to amend the Constitution would be held or not. Consideration was given to the arguments which were advanced both here and in the Seanad and as a result amendments Nos. 1 to 4 were brought forward in the Seanad and were accepted by that House. Amendment No. 1, of course, is the principal amendment, the others being more or less consequential upon it. If No. 1 is accepted, it merely means that it would be lawful for the Minister for Local Government, who is considered to be the appropriate Minister in the matter, to fix a date for the taking of a referendum and, accordingly, there will be no question of a determination by the Government as to whether a referendum should be taken or not. Naturally, the Minister being a member of the Government, and having collective responsibility, would, no doubt, be guided by the advice of his colleagues in a matter of that sort.

General Mulcahy

I take it that the Minister is putting forward these amendments in order to relieve anxiety in the country?

Mr. MacEntee

In order to meet, as far as practicable, points that were made in this House and the Seanad.

General Mulcahy

And thereby to relieve the anxiety felt in the country?

Mr. MacEntee

If the Deputy's pronouncements have occasioned anxiety in the country, well and good—they are to relieve anxiety.

Amendment agreed to.

Mr. MacEntee

I move that the Committee agree with the Seanad in the following further amendments, which are consequential on amendment No. 1:—

Section 8. In page 4, sub-section (3) deleted.

Section 9. In sub-section (1), page 5, in lines 1 and 2 the words "the Government has determined that a constitutional referendum shall be taken" deleted and the words "a Bill containing a proposal for the amendment of the Constitution shall have been passed, or deemed to have been passed, by both Houses of the Oireachtas" substituted instead; and in line 4 the words "such referendum" deleted and the words "the referendum on such proposal" substituted instead.

Section 9. In sub-section (2), page 5, in lines 10 and 11 the words "the Government has determined that a constitutional referendum shall be taken" deleted and the words "a Bill containing a proposal for the amendment of the Constitution shall have been passed, or deemed to have been passed, by both Houses of the Oireachtas" substituted instead; and in line 14 the words "such referendum" deleted and the words "the referendum on such proposal" substituted instead.

Amendments agreed to.

Mr. MacEntee

I move that the Committee agree with the Seanad in amendment No. 5:—

Section 17. In sub-sections (1) and (2) on page 8, and in sub-section (3) on page 9, after the word "Eireann" wherever it occurs in those sub-sections the words "or of Seanad Eireann" inserted.

The purpose of this amendment is to give members of the Seanad the right to appoint personation agents to attend at any polling station at a referendum under the same conditions as members of the Dáil are empowered to make such appointments.

Amendment agreed to.

Mr. MacEntee

I move that the Committee agree with the Seanad in amendment No. 6:—

Section 17. In sub-section (7), page 9, line 28, after the word "election" the words "the following provisions shall apply and have effect, that is to say:—

(a) the powers conferred by the foregoing provisions of this section on a member of Dáil Eireann shall be exercisable by any person who was a member of Dáil Eireann immediately before the dissolution which occasioned such general election, and

(b)".

inserted.

This amendment deals with a point which was raised in the Seanad, where it was pointed out that if the Dáil were dissolved and if a referendum were taken at the time, there would be no members of the Dáil existing at that date and, therefore, the provisions of the Bill in relation to the appointment of personation agents by members of the Dáil could not be given effect to. This amendment provides that any person who was a member of Dáil Eireann immediately before the dissolution may appoint personation agents.

Amendment agreed to.

An Ceann Comhairle

An amendment on the Order Paper is in substitution for amendment No. 7 from the Seanad.

Mr. MacEntee

I move the following amendment in substitution for amendment No. 7:—

First Schedule.

In rule 29, page 27, after the word "constituency" in line 43, to insert the words "and any member of Seanad Eireann", and in line 48, after the word "Eireann" to insert the words "or of Seanad Eireann".

The amendment as originally accepted in the Seanad contained a drafting error. The amendment which I am asking the Dáil to accept corrects that and gives effect to what was intended by the Seanad amendment, that is to say, it provides that members of the Seanad may be present or represented at the counting of the votes.

Amendment agreed to.

Mr. MacEntee

I move that the Committee agree with the Seanad in amendment No. 8:—

First Schedule. At the end of rule 29, page 27, a new paragraph added as follows:—

Where the polling day at a constitutional referendum is also the polling day at a general election, the powers conferred by the foregoing provisions of this rule on a member of Dáil Eireann shall be exercisable by any person who was a member of Dáil Eireann immediately before the dissolution which occasioned such general election.

This is to allow persons who were members of Dáil Eireann immediately before the dissolution preceding the general election to be present at the counting of the votes on a referendum, when the referendum takes place at the same time as the general election.

Amendment agreed to.

Report of Committee agreed to, Seanad to be informed accordingly.