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Dáil Éireann debate -
Thursday, 20 Apr 1944

Vol. 93 No. 9

Time Limit for Speeches on Estimates—Motion.

I beg to propose the following motion:

That, notwithstanding anything to the contrary in the Standing Orders or practice of the Dáil, the following rules shall apply in respect of the consideration in Committee on Finance of the Estimates for Public Services for the year ending 31st March, 1945:

(a) A Deputy, other than a Minister or Parliamentary Secretary in charge of the Vote, shall not be entitled to speak more than once on any Vote;

(b) The following maximum time-limits shall apply to the speeches of Deputies on each Vote:—

(i.) concluding speech of the Minister or Parliamentary Secretary in charge of the Vote—45 minutes;

(ii.) one member of each Party or group in the House—other than the Government Party—30 minutes;

(iii.) all other Deputies—20 minutes.

For the purpose of construing this Resolution, the debate on motions to refer an Estimate back for reconsideration or to reduce the amount thereof shall be regarded as being part of the debate on the Vote."

This motion, Sir, is based on the recommendation of the Committee on Procedure and Privileges.

Is that all the Parliamentary Secretary is moving?

Yes, I am moving that.

But there is nothing about Tuesday in that?

I propose that the House meet at 10 a.m. on Tuesday.

Well, that is better. That is an addition.

Mr. Larkin

And adjourn at 9 p.m.?

Yes, adjourn at 9 p.m.

That is, on Tuesdays and Wednesdays.

Mr. Lynch

The Committee on Procedure and Privileges unanimously proposed that the House should sit on Tuesdays and Wednesdays of each week from 10 a.m. to 9 p.m.

I presume that this is only to apply to the period of the emergency.

Is this motion now formally before the House, Sir?

Well then, I oppose it. This motion has a dual effect.

Yes, it is twofold.

One is that the House is to sit on two days a week for the hours set forth by the Parliamentary Secretary, and the second is that there should be a limitation of time on speeches made by Ministers, Parliamentary Secretaries, and Deputies of all Parties, temporarily, until the financial business before the House is disposed of. Now, the first thing that I want to say to all Deputies in this House is to beg of them not to be misled by the illusory undertaking that this proposal for limitations on the rights and privileges of Deputies is to be of a purely temporary nature. I never heard, in 11 years of Parliamentary experience in this House, any proposal by Parliamentary Secretaries for encroachment on the rights of Deputies of this House that was not introduced under a guarantee that it was purely temporary and would never be resorted to again, and, in every single case of that character, I have heard the consent of the House to such a proposal being used as a precedent, one, two or three years later, for a repetition and even an extension of the original encroachment.

Now, bear in mind what we are asked to surrender. There is only one place left to an elected representative of this country in which he may speak his mind freely—safe from the assault of the vested interests, safe from police interference, safe in the assurance that his words will go on the record whether the Minister for Coordination of Defensive Measures wants them to go on the record or not. If we consent now to give to the Ceann Comhairle or anybody else the right to say to a Deputy: "You must sit down; you will not be heard any longer," I warn you that a day may yet come in which the fundamental liberty of some citizen or group of citizens may be at stake in this country, and where the only instrument left for the defence of that liberty is the right of a Deputy to fight on in this House until the Executive makes up its mind that the game of oppression is not worth the candle. If we make the concession that we are asked to make now, we may find ourselves confronted with the fact that the limitation of our right to speak will be such that the Executive can say: "Talk all you can; we can wait and deal with you when you are finished speaking." How can Deputies who claim to represent a people with a history such as ours walk open-eyed into this trap? Have none of you ever heard of Joe Biggar? Have none of you ever heard of Charles Stewart Parnell? Have none of you ever heard of the instrument that was used to protect our people in those days, when the only thing that was left to our people——

In a hostile Parliament.

——was the right to fight a hostile Government by using the only weapons that were available to a minority. I do not want to make this the occasion of opening up old sores, but I do say that a native Government of this country did to the farmers of this country a far greater injury than any that a foreign Government ever inflicted on them.

This is merely a report of the Committee on Procedure and Privileges; it is not from the Government. These are not Government proposals.

Well, Sir, wherever they come from, the Minister for Posts and Telegraphs intervenes to say that the weapon which was potent in the hands of the representatives of our people in those days was requisite because it was used in a foreign Parliament. I want to warn the members of this House that such weapons are equally potent in a country where the Executive of the Parliament is indifferent to the interests of the people of the country, and that these are the only instruments or weapons which the people have left by which to hold up that Executive and by which to enforce their rights so as to make it possible for them to live.

The Minister for Posts and Telegraphs would seem to suggest that to draw an analogy between the situation that existed in those days in connection with a foreign Parliament and anything that might arise in this House is to misrepresent the facts. It was not the question of its being a foreign Parliament that justified the use of those weapons. It was because there was a Government in office which sought to oppress our people, and the potent weapon to prevent it was the right to speak in Parliament. Have we any guarantee, have we any right to expect from our past experience, that there never will be on the Front Benches of the Government a Government which some minority in this House believes is oppressing, cruelly oppressing, a minority in this country, and are we to strip ourselves now of the instrument which our fathers demonstrated to us was absolutely vital if those who represented minorities were to be free to do their job?

It is all very well to say: "How can you expect Taoiseach de Valera so to conduct himself as to warrant the use of such weapons against him?" I am not talking of the Government of to-day; I am thinking not only of to-day, but of to-morrow, and of the years ahead, when those who come after us may require the very weapons, which we threaten now to throw away, to protect the interests of minorities who may then stand bitterly in need of protection. There are minorities in this House—labour minorities and agricultural minorities—who may require the use of these weapons of free speech to-day. Either of these two might constitute the Government in the morning and against whom then these weapons would be requisite to some other section of the community for the protection of their legitimate rights.

I will be answered: "No one is asked to throw anything permanently away at present," and told that all we are asked to do is something to facilitate the transaction of business in conditions of acute emergency. If that were true, if it ever could be true, we could argue the expediency of this case, but I know from bitter experience that that plea is never valid. Once compromise the principle that a Deputy should be free to speak as he thinks best—not as the Ceann Comhairle thinks best; not as the Taoiseach thinks best; but as he thinks best—and I tell you to-day that you may as well shut up Parliament. Parliamentary institutions in this country are dead, and a tyranny more loathsome than the tyranny of an individual dictator is on its way, that is, the unrestricted tyranny of a majority, the most cursed form of tyranny under which any people could conceivably live.

I am fighting in this moment for the preservation of the essential liberty of our own people. I am fighting against the slanderers of our institutions who describe this House as a talking shop; I am vindicating now against all those who have said during the last 20 years that in this House nothing happens but fellows getting up and talking to hear themselves. I am trying to demonstrate that that right to talk is the very keystone of the arch of freedom in this country. Take it out and the whole thing will ultimately crumble about your ears. Only the fools who do not understand the essentials of liberty talk about Parliaments being talking shops. Every tyranny in Europe was established by gentlemen who described the democratic parliaments of their respective countries as talking shops. The Duma in Petrograd was torn down as a talking shop; the Reichstag in Germany was not rebuilt because it was a talking shop; every free Parliament in the world was torn down because it was a talking shop; and I want Deputies to realise that, if we go on record as saying that we ourselves believe ourselves to be a talking shop, which, in the hour of emergency, ought to be stopped talking, as an unnecessary luxury in time of crisis, we are making an end of Parliament in this country.

I do not care what crisis or how grave the situation—there is no consideration for which I would surrender Parliamentary rights and Parliamentary institutions in this country. If we have to surrender these, then the greatest disaster of all has come upon us, and any other disaster would be preferable to it. I do not charge the Government of this State with a dark conspiracy to put this thing over on us. I am addressing my words as much to the Tánaiste and the Minister for Posts and Telegraphs as to the Labour Party, the Farmers' Party, Fine Gael or any other section of the House. It is because I think we are in danger of doing inadvertently that for which we shall curse ourselves afterwards for doing that I press the House so strongly to reject this proposal.

To-day, when we were considering the question of how the transport matter might be best disposed of this evening, I suggested that I was prepared to give an example by abstaining from my undoubted right to intervene in the discussion, and by leaving it to a selected few, because I thought the occasion one on which we rather wanted information from the Minister than to make suggestions to him. Deputy Donnellan at once asked: "Is Deputy Dillon proposing to restrict debate to certain individuals?" No, and there is the distinction I want to make. Any individual Deputy can impose upon himself a self-denying ordinance to refrain from speaking, but it is quite a different thing if any Deputy, group of Deputies or majority of Deputies claim the right to prevent the humblest member of the House from speaking his mind.

Some of us may get impatient with Deputy Flanagan, but he may get impatient with us. I may get weary of listening to Deputy Cafferky, but he may get weary of listening to me, and if I claim or any group claims the right to silence him, some time the day will dawn when he will claim the right to silence me. If we abuse our rights, sooner or later the Irish people will deal with us, but, in the meantime, we have to bear with the Dillons, the Flanagans, the O Ceallaighs, and the de Valeras, God help us, until the Irish people eliminate them. But so long as the Irish people send them here, they have a right to complete freedom of speech which no representation should induce this House to limit or take from them. If they misuse it, the people will see that they do not come back. What we may consider misuse to-day, posterity may bless them for, on the ground that what to us was no more than nuisance, in its ultimate effect produced some blessing for the community which, without their action, would never have been forthcoming.

In conclusion, let me say this: the indictment of every person who wants to destroy representative institutions in a democratic country is the description that the Legislature is a talking shop. Is that not so? Is that not the universal cry? Are we going on record at this stage as saying that, in our heart of hearts, we agree with that estimate of Dáil Eireann—that there is too much talk here, too much worthless waste of time by Deputies talking to hear themselves talk? I have been as bored as any Deputy listening to my colleagues, and I suppose I have done my share of boring, but I want to say that although taking the individual phrases spoken by Deputies, many of them may have been nugatory, looking back over 12 years' of experience, there has not been a word said in this House which I regret permission having been given to let it be said. The most verbose, the most irrelevant, the most explosive Deputy who has got up and talked and talked, until he was tired talking, has at least sat down feeling that, in the Ceann Comhairle, he had somebody who would insist on his being heard, whether those listening wanted to hear him or not.

It may have taken longer in the case of one Deputy than another to carry conviction to his mind that Parliament was not such a bad place after all, that it was not such a bad thing to have some place to come to where where you could speak your mind, no matter what your neighbours thought, and where there was an uncontrollable authority constantly sitting in the Chair to protect your interests, no matter how much you were despised by the high and mighty who looked down upon you.

That right is the most sacred right our people have—the right to send a simple man or a sophisticated man into this House, in the certainty that he will have the same right of speech as the Taoiseach, the Leader of the Opposition or anybody else. Compromise it, circumscribe it, or reduce it and you have set your feet on the slippery slope which will end with the destruction of Parliament. You have then vindicated every traducer of representative institutions who has described parliament as "a talking shop." I say that the right of Deputies to debate is no luxury, it is the keystone of the arch of our liberty. However grave the crisis, I will not be party to circumscribing that right. I say that, however deep my own personal feelings may be against what any other Deputy may say, or the length of time he takes in saying it, I recognise in his right to bore me, in his right to flounder through the rules of this House, seeking guidance from the Chair as he goes, in his right to indulge in every irrelevancy that the Chair will permit, a monument to the freedom of our people; and I realise that the day on which you take from the humblest and simplest Deputy this right you strike, not at me, but at freedom in Ireland.

It is queer that, on what appears to be a motion of the utmost simplicity, such immense issues should arise. I do implore of Dáil Eireann to realise that this is no simple matter of administration or of disposing of business expeditiously. If a false step is made to-day, you are opening the dykes through which the avalanche ultimately will come. If a false step is made to-day, our action will be quoted by everyone who wants to see this Parliament destroyed, as a vindication of the thesis that this is "a talking shop" where there is too much talk, and that everybody in this House realises that, when really serious business falls to be done, the talking ought to be stopped. I reject that contention; I say that the right of every Deputy to speak and the speeches they have made are all woven into the fabric of our people's freedom. I will fight for every thread of it, by every Parliamentary weapon that I can employ, by every resource that I can think of, because I am convinced that we are fighting now, not for the right to speak in Dáil Eireann but for the right of the Irish people to live under democratic institutions and have a Parliament of their own.

I wish to ask a question to clear the matter in my own mind. Under what procedure is the motion being moved at the moment, in so far as it relates to curtailing the length of time during which a Deputy is entitled to speak?

It is a motion arising out of the report of the Committee on Procedure and Privileges.

Has it reference to any rule or order in the Standing Orders?

No. It is a report from the Committee on Procedure and Privileges. Dáil Eireann has power to fix procedure.

Deputy Dillon has waxed furious over this proposal, and I think his fury has been largely based on the misapprehension that this is a sinister Government move, which it certainly is not.

Nothing of the kind. I said specifically that I did not mean any such thing. I addressed my observations to all.

The fact of the matter is, at any rate, that this emanates from the Committee on Procedure and Privileges, on which is represented every Party on every side of the House.

No, no; that is not right.

I do not know what the Deputy means. The Deputy was elected last summer as a representative of the Labour Party and, if he has left the Labour Party, that is his fault.

The Labour Party representative has no authority to speak on our behalf.

You get your instructions from Bill O'Brien.

You get yours from Joe Stalin.

Actually, as far as this proposal is concerned, it did not even originate with a Government Deputy on the Committee on Procedure and Privileges.

May I assure Deputy Lynch that I went out of my way, when speaking, to assure the House that I was not under any impression that this emanated from the Government, and all my representations were addressed to all sides of the House. There is no question of its being a Government conspiracy to limit freedom.

I cannot understand what Deputy Dillon waxed furious about, if that is so, because what the Deputy resents is that the House should have power to regulate its own procedure. Surely, the Dáil here is greater than an individual Deputy in the Dáil, and the Dáil must have the right to regulate the procedure in the House, even to the curtailment of the rights of any particular Deputy, in connection with the carrying on of the business of the House. If that is not so, I cannot see where the sovereignty of Parliament comes in.

They have the right, but should they use it?

This is a proposal coming from the Committee on Procedure and Privileges, agreed on unanimously by that body, on which, as I say, and still believe, were represented by all Parties in the House except Deputy Everett's. This comes to the House in the form of a report. It is for the House to decide on that. What limitation is that on our rights or on our sovereignty? The committee comes back here to the House to get the approval of the House. I put it to the House that, in those circumstances, there was no need at all for the fury or for the opposition. This matter is being kept a matter for the House and not for the Government. Whether it is this motion to-day for the temporary business during the emergency, or whether it is a similar thing that may come on next week or the week after, it will always be for the House itself to decide. If the House does not approve of it at any particular time, either now or in the future, the Dáil can reject such a proposition, on an individual amendment.

Let us not could the issue. Let us realise that it is the House which is deciding and nobody else. When we agree on that, I cannot see where the fury of Deputy Dillon comes from, nor what he had to wax so angry about, as an infringement of the rights of Parliament or anything else.

Somehow or other, one thing struck me since I came to this House and, while I must say I admire the points he made, I would ask Deputy Dillon to consider it seriously. If Deputy Dillon carried on his own private business in the way in which business sometimes is carried on here, would he ever get through? First and foremost, I happen to be a member of the Committee on Procedure and Privileges, and I assure the House that when we were deciding what time we would meet, I had quite different views from those in the decision. Eventually, however, when we had discussed it and found out the position, I had to agree to what was decided on here. There are, I think, two motions before the House. One is that we do not meet until 3 o'clock.

It will be moved later that the House meet at 10 o'clock on Tuesday next. On Tuesday an Order can be made for Wednesday. It would only complicate the issue to discuss both motions now. The motion put is that dealing with the curtailment of speeches.

As a member of the Committee on Procedure, I agreed with this because it is to be of a temporary nature. The guarantee in regard to that was given not by the Government, not by the Fine Gael Party or by the Labour Party, but by the Committee set up by this House. This curtailment is to apply to the debates on the Estimates only. The principal speaker on an Estimate need not necessarily be the leader of a Party, and how can it be said there is any curtailment if he gets 30 minutes? Any other Deputy will get 20 minutes. I cannot understand Deputy Dillon's point that the effect of this proposal will be to prevent Deputies from expressing their views. I think the man who is not able to make the points that he wants to make in 20 minutes could not do so in 20 hours. I heard the statement made here that there was something in the nature of a secret agreement. That is not so. All Parties were represented at the meeting: Labour, Fine Gael, the Government and the Farmers' Party. We could not see any other way out of the position that was before us. The case was made that Deputies would have to be allowed home for the weekend. Our Party was opposed to that. We would prefer to remain here for a fortnight and then go home for a fortnight. That arrangement would suit us better than this proposal. Other people present said that what we wanted would not do at all.

In view of the present train arrangements there are only two days on which the House can meet, and a certain amount of work has to be done. If the time allowed for Deputies' speeches were not limited the House would never get through the Estimates, and what that would mean is that we would be here during August and September. We would be here practically the whole year round. That is the kind of thing that would turn Parliament into a farce. At present, when a long-winded speaker gets up what do we see happen? The House clears out. I do not mean to be personal to any member of the House, in saying that. As I have said, we agreed to this curtailment of speeches as a temporary measure and for the Estimates only, because we believe it is the only hope of getting business done. We are here on the Farmers' Benches. You have farmers on the Fianna Fáil Benches and on the Fine Gael Benches, even though it is my view that they do not represent farmers, but still it should be the object of all of us to be at home for the saving of the harvest. In my view, we would be rendering a bigger service to the country in saving the harvest than in making long-winded speeches in this House.

I regret I was not present in the House when Deputy Dillon was speaking. I wish to join with him in protesting in the strongest possible manner against the curtailment of Deputies' speeches. We were trying for a long time to get a native Irish Government established in the country, and no sooner had we got it than this Government of ours—this House—introduces legislation to prevent the elected representatives of the people from expressing their views.

It is not legislation. It would be an Order made by the House.

I agree that it is the House that must take the action if Deputies speeches are to be curtailed. As an Independent member, attached to none of the big political Parties, I cannot see any reason why Deputies should not be given all the time they wish to express their views on any particular subject. This new Dáil was elected last June. It must be admitted that we have in it a greater mixture of opinion than was to be found in any previous Dáil. It must be appreciated, too, that new Deputies must be given every opportunity to express their views. Deputy Donnellan's remarks surprised me. How can we say that this is a democratic institution if we do anything to prevent Deputies from expressing their views? I think Deputies should be given as long as they wish to speak. I support Deputy Dillon a 100 per cent. in the protest he has made. I am sorry that this occasion should have arisen—that a Standing Order should be introduced to limit the time of a Deputy in expressing his views. I know that members of the Government are delighted at the opportunity which this motion gives them and that they will support it, because they have heard more of the truth in this Dáil than in any previous Dáil elected by the Irish people. That is why steps are being taken by the Committee on Procedure and Privileges about this. If I were a member of that Committee I would oppose such a proposal. I do not know whether it was an unanimous one or not.

The proposal did not come from us.

We will have to dig a bit deeper into that. There were proposals.

I do not know from what source the proposals came, but they were not democratic proposals. If we are going to uphold democracy in this country, then for goodness sake let us give the lead and act in a democratic way in this House. If there is a division on this I intend to support Deputy Dillon because I am convinced that he made a very able case for the point of view that Deputies should not be curtailed in the time they take to express their views. Every member of the House, no matter what constituency he comes from or what creed or class he represents in this House, should be given all the time he wants to express his views.

The majority of the members in this House represent rural constituencies. What do we see happening here week after week and night after night? The gentlemen coming from the law courts at 5 o'clock and making two hours' speeches, taking up all the time until 9 o'clock when it is time to go home. Owing to the curtailment of transport we can only come here two days a week. So far as I know, Deputies who represent rural constituencies have no intention of being stuck here during August and September when the harvest has to be saved. It is more important than to be here listening to Deputy Dillon talking about the moon, or Deputy McGilligan talking about the stars, or having a few fools here in their special benches to keep the ball going for others until they can come away from the law courts at 5 o'clock.

That seems to be somewhat irrelevant to this motion.

It is very relevant to it in this manner, that a Deputy can express his views in 20 minutes, and yet we have sometimes to wait for two hours listening to others talking balderdash.

It is only back benchers who can express their views in 20 minutes.

We have heard Deputy Flanagan talking for well over an hour and when he was finished one did not know what he wanted.

Maybe you did not want to know.

We are restricted to a certain period of time in getting business through. I would just as soon sit a fortnight here and get a week at home, but a certain decision has been arrived at by the Committee on Procedure and Privileges. If there are Deputies who cannot express their views in 20 minutes here, I suggest they should take a spot on. O'Connell Bridge, get a soap box, and tell the population their views.

Did Deputy Corry ever speak for two hours?

I did, and sometimes for four hours.

And he was entitled to.

Yes, I was entitled to, but it was not here.

Not in this House?

No, not here. Last year I spoke for about an hour.

That was more than 20 minutes.

I have heard Deputies speaking here for obstruction purposes. I heard Deputy MacEoin in that way. He can put his views usually in a quarter or a half an hour, but I heard him speaking for 55 minutes one night in order to keep the way open for Deputy McGilligan.

And I was entitled to.

If we are to do business here we must adopt a practical attitude. If every Deputy were to speak for 20 minutes, the Estimates would not be finished by Christmas.

Is Deputy McGilligan not worth waiting for?

Deputy Flanagan is not, anyhow.

At least seven Deputies have been called to order for attempting to describe Deputy Corry within the limits of Parliamentary language. I do not intend to be the next to be called to order for attempting to put on him any description that would be favourable to him. I want to discuss this matter from the angle of principle, and that is the furthest possible remove from Deputy Corry that I can think of. As a matter of principle, I dislike this motion intensely. I should have thought that the Parliamentary Secretary, when moving on behalf of the Committee on Procedure and Privileges, would have told us what Deputy Donnellan hinted at but did not say—that there is a case for the motion. I have never heard it. Deputy Donnellan said we may be kept here all the summer. It will be the first summer that Deputy Donnellan will be here.

It may not be the last; he may see your back yet.

It might be a very unprofitable summer if he had to listen to the type of statement that Deputy Corry has just delivered himself of. Since the war started there has been no hold-up of business here, and I do not know what could be the case for the motion. This report is before us from the Committee and the proposals are alternatives to a scheme originally proposed by the Government. If Deputy Kennedy does not believe that, he can inquire and then he might be satisfied. I understand the Government made a proposal as to the curtailment of the time to be allotted to Estimates. I understand that is the position. If it is not, I can be corrected.

It is not.

Is the Deputy a member of the Committee?

I am informed by other members of the Committee that that is the situation. Apparently, some members do not know what they were discussing. The proposal is that instead of limiting the number of hours we should limit the time allowed to speakers. Nobody who cared to listen to him to-day could have misunderstood Deputy Dillon. He is not alleging any secret agreement. He made what I thought was a moving appeal to people, that they should not focus their attention on the necessities of this emergency period, but that they should take heed of the danger he indicated to the House arising out of these proposals. It was pointed out that this was the thin end of the wedge; that once the House abandoned the right of every member, subject to the rules of debate and relevancy—once that right was curtailed, the path was then marked out, the track blazed and that would develop into a rule of procedure of the House on all occasions. That was the case, and it was a very good case.

So far as I understand the work of a Parliamentary institution, it has several functions. It controls, or attempts to control, administration; it deals with legislation, and ventilates grievances. The way in which grievances are ventilated is by way of motion or by way of Parliamentary question. Deputies discuss administration on the Estimates and, when there is new legislation, it is discussed in the House. There are some who may be anxious about the time that is spent. The great point is that the chief business of the House on which time may be lost is the Committee Stage of a piece of legislation, when members are entitled to speak as often as they like. As a rule they may speak about three times, but that rule has been broken far more often than it has been observed. It is not sought to limit that time. Why? Because there is hardly any legislation to come before the House.

The stranglehold is tightening. It makes for administrative ease to have curtailment all round. That is what has happened. Let Deputies get their minds back to the House that existed in September, 1939, and let them remember the conditions in which we allowed a censorship to operate. Think how flagrantly the pledges about censorship given on that occasion have been broken. Public debate is useful in itself, but it lacks a great deal of utility if publication through the Press is not given to what is said here. We were guaranteed that there would be no limitation in respect of speeches made here.

We know that has not been carried out. We know the newspapers have to submit to certain restrictions because of lack of space, but we know quite well that the proceedings here are not getting anything like the publicity they were accustomed to get. There is a growing tendency also to restrict questions, to restrict the old liberality with regard to questions, and I sense also a much more accomplished use of evasion in answering questions. We must remember that if it comes to the other way in which grievances are ventilated, the way of the private motion, we have submitted to a distinct curtailment there, too.

Yes, distinctly so. Motions are unlimited, but the time for them is limited. So far as that end of the Parliamentary system is concerned, we have accepted distinct limitations. So far as legislative business is concerned, what has happened is a very definite breach of the undertakings given us at the beginning of the war, in 1939. We have here legislation known as Emergency Powers legislation and, under that, Orders are introduced. There was an understanding in 1939 that ordinary legislation in no way touched by the emergency would be dealt with in the normal way through the House, but that is not the situation. Multitudinous matters are now done by Emergency Powers Orders, and we have the further device adopted that whereas any ordinary Order can be debated here by means of a resolution to rescind, if the Order is one of the delegated type then there is no discussion possible on it at any time. That is a very serious curtailment of the rights of the House.

Finally, there is the question of administration and, in the matter of administration generally touched through the Estimates, here again I can see the grip tightening on the House. When that grip is going to be tightened on us, at least the House is worthy of this consideration, that the case for it should be made.

What is the case? The case, as I understand it, is that, on account of lack of transport facilities the members of the House are not going to have the same freedom of movement from county constituencies to Dublin as they had previously. From information which I have, I believe there is no reason for this curtailment of train services that has been announced. We have not heard the case for it yet. If Deputies are to be restricted, we have offered, and I understand it is to be accepted, that we should meet from 10 a.m. until 9 p.m. without a break. In the old days, when the House met originally and sat for longer periods than has recently been the habit, there was a specific adjournment for tea. It is now proposed that we should sit from 10 a.m. till 9 p.m. That in itself will greatly curtail debate. Everybody knows that it is not in human nature to stand up to these long hours, certainly not to get up the same enthusiasm for long speeches. That may be what is desired. It is to be effected at least in that way. In any event, I understand that a calculation has been made that exactly the same number of hours of Parliamentary time under the two-day system will be given as we used to have under the 3½-day arrangement. If that is the situation, what is the necessity for this limitation?

Can a case be made that the Government have not got facilities with regard to getting through the business? The re-action to that will be—think of the agricultural debate. I think of that debate with pleasure. It was a long debate. By what amount of time would that debate have been shortened if this rule had been in operation? There were a great many speakers in that debate, but very few took longer than 20 minutes or half an hour. Has any calculation been made with regard to the agricultural debate, as to the amount of time that would be saved if this rule were in operation? It is amazing to me that more people do not speak on agriculture. It is one of the subjects with which most Deputies are intimately familiar. There is a growing crisis in agriculture and people were impressed by that. If the conditions deteriorate next year in the same way as this year, there will be a longer debate on agriculture, because the situation will be much worse.

Where is the case for this? Somebody must have made a calculation as to the amount of time to be saved. I want to have that told to the House. I want to see if there is no alternative way of meeting the difficulty. One of the ways adopted in another institution like this elsewhere is that selected Estimates are put down for detailed discussion in a particular year and other Estimates are not, so that in a three- or five-year period all the Estimates are subjected to detailed discussion, say, twice. No Government has got such facilities from a deliberative assembly as the Government of this country has got. I do not know of any occasion on which a request has been made, backed by a reasonable statement, that for some reason or another of an emergency type the Government required a particular period free, that we have not given them their freedom. If that is the situation, there is no reason for this curtailment.

I agree with every word that Deputy Dillon said, although I cannot equal his eloquence in the matter, when he asked people to remember that the way in which all these closure systems all over the world were established was by asking, first of all, the deliberative assembly. We still pride ourselves on the fact that we are run by a Parliamentary institution and the root of a Parliamentary institution is that you are governed by reason and not by force. The only way in which you can get reason to operate is by the clash of argument and argument and the only way to get that is to give those sent here to represent the country full freedom, inside the limits of relevancy, to discuss the matters that arise. I see no case whatever for this motion and I will oppose it as strongly as I can.

We have listened to a rather extraordinary performance on the part of a responsible member of the principal Opposition Party. The speech which we have listened to has been directed ostensibly to the Government, but in reality represents an attack upon a permanent Committee of this House. Irrespective of what the rights of private Deputies may be, there is this fact which is unchallengeable, that the House has a right to order its own business; the House has the right to make rules for the conduct of public business. There are many duties and responsibilities attaching to this House. For the purpose of some duties, the House has delegated its functions to several Standing Committees—the Committee on Procedure and Privileges, the Committee of Selection and the Committee of Public Accounts—and, because these committees are held to be acting for and on behalf of the House and every member in the House, whether an Independent member or a member of an organised Party, it has been the rule since I have been a member of this House to accept without question, discussion, debate or division the recommendations of these committees.

Now the principal committee might be held by some to be the Committee of Public Accounts. But, certainly, closely ranking with it is the Committee on Procedure and Privileges, because it is that Committee which, in general, has determined and laid down the rules under which the conduct of business in this House will proceed. These rules are embodied in the Standing Orders which govern our procedure and there is a proviso that these Orders may be amended or altered from time to time in order to suit the circumstances of the times. They have in fact often been altered to suit the exigencies of business in the House.

What is being done? The Committee, on which the Party of which Deputy McGilligan purports to be a member is represented, has met and considered what rules it is necessary to lay down in order that the work of the Dáil may be done in an orderly and proper manner within the limitations which are necessarily imposed on us by the difficulties with which the Dáil and the country as a whole are now confronted. On that Committee, as I have said, there sit representatives of Deputy McGilligan's Party. Therefore, if Deputy McGilligan's speech has any significance whatever, it is in fact an attack upon those whom he, and other members of his Party, chose to represent them on the Committee on Procedure and Privileges.

Every disagreement is an attack.

I do not know what are the rules which govern the principal Opposition Party, but I do suggest that, as a matter of ordinary Party loyalty and common fairness to one's colleague, when a Party selects a representative to act on behalf of that Party on the Committee of Procedure and Privileges every member of that Party should at least agree in supporting the decisions to which his colleague and representative was a party. I think that any other principle would reduce to a nullity the Party bond—and the Party bond is a very essential instrument in the Government of the country. This House is based on Party; our democracy is based on Party, that is to say, the organisation of men for a common purpose. If we are to have the situation that, when a representative of a Party commits himself to a decision which may be temporarily unpalatable to another member, the member who dislikes it can get up and knife the man who sat on the committee and arrived at a decision, we damage the instrument of our co-ordinated action. That is what is being done by Deputy McGilligan.

Will you take a pull at yourself?

I should like to go back on this question as to whether we should have the arguments for and on behalf of the proposal now before the House. The place where these arguments were put forward, the place where they were considered, and the place in which the decision based upon them was arrived at was the Committee on Procedure and Privileges. The only matter that is before the House now is the recommendation of the Committee. I submit that, as all the Parties in the House are represented on that Committee, and as I believe the Independents also are represented on the Committee, the House as a whole is bound by the recommendations of the Committee.

That has been the unchallenged precedent. Never before, in my recollection, was any recommendation of the Committee on Procedure and Privileges challenged in this House. The assumption and the convention of the House is that it is bound by the decisions of these permanent committees of the House, which are set up by the House to facilitate it in conducting its business. The only thing, I submit, therefore, that Deputies, and particularly members of a Party in the House, can do, when they are dissatisfied with the recommendations of a committee of this sort is to withdraw their representatives from that committee and in that way indicate that those colleagues of theirs representing them on that committee no longer have their confidence.

So far as we in the Government are concerned in this matter, our only desire is this: that in the circumstances of the time the House, as a whole, and every Deputy in the House, should have an opportunity of participating in the public business within, as I have said before, the limitations that are imposed by the difficulties with which the Government, the Dáil, and the country as a whole, are being confronted now. That must necessarily impose some limitation upon debate here. Personally, if I may say so, I probably dislike these limitations more than anybody else here, because I think that probably no Deputy in the House will be more hurt by such limitations than I, because—and I have complained very strongly to the Parliamentary Secretary about the proposed limitation—I cannot get into my stride, in a debate, inside of a quarter of an hour at least.

Then it might prove to be all the better for the Minister.

Well, if there is going to be any matter of credit in it, then I would say to Deputy McGilligan that it is better to be knifed than to be the knifer.

I understood that the Minister should address the Chair.

I appreciate the Deputy's zeal for correct procedure.

At any rate, the whole question is this: whether we, having elected a Committee on Procedure and Privileges, are now going to accept the recommendations of that Committee, or whether those Deputies who disagree with the recommendations of their colleagues in this matter are going to vote against these colleagues and, thereby, show that they have no longer any confidence in them.

I think, Sir, that this is an occasion were we ought to get light, and not heat.

Light without heat.

Furthermore, I think that if this matter is looked upon in a normal perspective it will not appear to be so serious as some Deputies seem to imagine, judging by their speeches on this motion. I am not concerned so much with the matters with which the Committee on Procedure and Privileges has to deal. If I have any learnings at all in that regard, it would be towards finding a normal solution of our difficulties. That would appear to be Deputy McGilligan's idea also, although I could not help feeling that his eloquence and oratory were worthy of a better cause. Notwithstanding all that has been said to-day, I do not think that there is anything very serious in connection with this matter. The Committee on Procedure and Privileges has been concerned for some time with the question of what is best to do from the point of view of regulating the hours of sittings in this House, having regard to transport difficulties. The members of the Committee have been concerned because of the curtailment of train services from the country, and of transport services in town at night, and a number of members of the Committee, including a representative of Deputy McGilligan's own Party, has been in favour of finishing the sittings at 9 o'clock at night.

I break no confidence when I say that the overriding obsession of a representative of Deputy McGilligan's Party was that the House ought to finish at 9 o'clock at night because it was not fair to expect Deputies to trek home after 9.30. That is a very understandable point of view, and the Deputy concerned spoke, not merely for his own Party, but for members of Clann na Talmhan, the Fianna Fáil Party, and all other Parties in this House. The question of Parties did not enter into this matter in the slightest. It was merely a matter of the practicability of the arrangements that might be made. When we came to discuss the matter in the Committee on Procedure and Privileges one proposal that was made—I think it was a conglomerate proposal, so to speak, and did not emanate from one particular source alone—was that there should be a limitation of the debates on particular Estimates. For instance, it was suggested—I have not the suggested timetable with me now, and this occurs to me from memory—that the debate on the Estimates for the Department of Justice ought to take three hours, but the debate on that Estimate went on during all of Tuesday and Wednesday, and so the three hours' arrangement went by the board. I think it was also suggested that the debate on the Estimate for Posts and Telegraphs might take four hours, but whether it will be possible to keep that debate within the limit of four hours I do not know. Apart from that, however, there was strong objection by all Parties, I think, to any arrangement whereby the House would be tied down to discuss a particular Estimate within a specified time, because it was felt that if you allowed only three or four hours, as the case may be, for a particular Estimate, one or two Deputies, who are noted for making marathon speeches, might get in because they happen to occupy front bench positions and that, as a result of their marathon speeches, members on the back benches might be cut out. All the members of the Committee were opposed to a limitation on the duration of the debates on a particular Estimate; the whole thing was thrown into the melting-pot again, and we had another deliberation. Finally, it was decided that, having regard to all the circumstances, the best possible arrangement would be one whereby the House would sit at 10 o'clock in the morning and conclude at 9 o'clock at night, for two days of the week. It was recognised that that, in itself, might not be sufficient and that you would have to accompany it with a reasonable limitation of speeches, and, accordingly, consideration was given to the question of what ought to be the outside limitation on speeches. Finally, agreement was reached, and it was the unanimous decision that the Leader of a Party, or the person designated as the chief speaker for a Party, should be given 30 minutes, and that each other Deputy who might want to speak should be given 20 minutes.

Now, I am as jealous as any Deputy in this House of the rights of a member of the House to say what he wishes to say. I agree with Deputy McGilligan that in a deliberative Assembly of this kind real progress is measured, not by the votes recorded in a Division, but by the impact of reason on reason, by the clash of mind upon mind, and by resolving the difficulties, and endeavouring to see the various points of view. I and other members on the Committee were anxious to preserve the rights of Deputies to say what they desired to say in this House on Estimates and Bills.

The question, therefore, of the limitation of speeches or debates was considered by the Committee. We felt that there ought to be no limitation whatever on the discussion of Bills, and that the limitation—if, in fact, there were to be any—should be confined solely to the Estimates, and then only to the Estimates for this year—the arrangement being to give the scheme a trial.

Deputy Dillon—inadvertently, I think —said that the House was consenting to an arrangement to deprive Deputies of their right to speak. The Committee on Procedure and Privileges were doing no such thing, and the House is not being asked to do any such thing. If there had been an arrangement for an all-over limitation for discussion on a particular Estimate, it might be true to say that, because a Deputy might be squeezed out when zero hour arrived and a guillotine motion had to be put, but that is not the case in the present instance. The proposal now is that the chief speaker of a Party should get 30 minutes, and each additional speaker 20 minutes. Is that really curtailing discussion on an Estimate? If we have a live House, if we have a really alert House, and if people are going to do the work for which they were sent here, that need not result in a contraction of speeches on Estimates. It can result, in fact, in an extension of speeches on Estimates, I think it will probably save time, because, as Deputy McGilligan knows——

But only as a result of people not doing their duty.

Quite, but have we not got to face the fact? Have we not sat here at times when, out of 138 Deputies, it was not possible to get 20 into the House?

That is one of the taunts thrown at the House.

Let us not imagine that we are impeccable in all matters. We have our weaknesses and our frailties like everybody else. Look at the Division Lists in the months of July and August and see the attendances during those months. Look at the Division Lists on a Tuesday evening when the House is sitting on Tuesday, Wednesday and Thursday. Look at the panic to try to avoid a Division on Friday because Deputies have gone away. These are the realities of life here, and any person who does not take cognisance of them is simply burying his head in the sand.

There is no question of preventing Deputies from speaking. Every Deputy has the right to speak for 20 minutes. If he has a very special case or a very particular knowledge of the subject, his Party can say: "You can be the chief speaker", in which case he gets 30 minutes. The Fine Gael Party has a substantial membership, and other Parties have a sufficient membership to put whatever case is to be put with regard to the administration of a particular Department. I have not at the moment got the relative strength of the different Parties, but assuming that there are 70 non-Government Deputies in the House, and that we give each of the 70 the right to speak for 20 minutes, then, if there is reason for delaying an Estimate, if there is reason for putting a concentrated spotlight on an Estimate, the debate on that Estimate can run for a period of not less than 24 hours.

That is getting away from the realities of the position.

I want to reason; I do not want to make any point.

Might I ask Deputy Norton——

Would the Deputy address the Chair?

I want to ask Deputy Norton this question: suppose a group with only five members——

Deputies

Chair!

I have asked Deputy Norton if he will give way. Suppose a small group——

Speak through the Chair.

——wishes to deal with an Estimate, surely the limitation prescribed in this resolution is well calculated to render its rights virtually nugatory?

Conceivably, that can happen, but what we have to do in the House of which we have experience, as Deputy Dillon has, is not to conceive just the possibilities but to measure the probabilities. The whole trouble in the House is that a large bunch of Deputies cannot be got to speak at all. Quite a considerable number of Deputies never come into the House at all and quite a considerable number will not even ask a question, much less make a speech. Is that not the truth?

I should like to answer Deputy Dillon's point as to a small group which want to put a special case. I will take Deputy Anthony as typical of that small group, because he represented not merely himself in the matter but, as I think he said, he spoke for the Independents, or for the bulk of the Independents—I do not know if Deputy Dillon came within their scope. Deputy Anthony, representative of himself particularly, and of the Independent group as well, was prepared to agree to the proposal of 30 minutes and 20 minutes——

And did agree.

——because the decision was unanimous and he saw no danger to his rights or the rights of any individual Deputy in that limitation.

And did not accuse me of stabbing him in the back, when I honestly differed from him.

The Deputy is not, I gather, a member of a Party, or am I under a misapprehension?

Deputy Anthony consulted me before he spoke.

If somebody were to examine the debates on this year's Estimates, he would find that, apart from a few longish speeches by persons who perhaps covered the ground for a Party instead of expressing their own point of view, the average time taken probably did not exceed 20 minutes, so far as Deputies who have spoken are concerned.

What, then, is the need for limitation?

I will deal with that point in a moment, if the Deputy will be patient. I did not interrupt his Niagara of eloquence. The whole purpose of the arrangement was to endeavour, bearing in mind transport difficulties, and bearing in mind the fact that they may get worse, to get through a reasonable number of Estimates, to permit of an early summer adjournment and not to keep the House here with the type of wearying discussions which every member who attends the House knows takes place in July and August, and, at the same time, to provide for a reasonable discussion of the Estimates by extending to speakers a reasonable period in which to make their contributions. Deputy McGilligan says that the House has already consented to a limitation of the time for discussion of Private Members' motions. That is true, but again I think it was an unanimous decision of the Committee on Procedure and Privileges, so far as my recollection serves me.

I am very sorry it was done.

So long as there was no time limit on discussion of Private Members' motions, we had a situation in which such a discussion was opened in October, and every Deputy was entitled to speak as long as he liked. Deputy McGilligan will recollect that the proposers of Private Members' motions spoke for two and three hours and concluded over a similar period. The effect of all that——

Some of them are no longer in the House. The people ultimately dealt with them.

Some of them were in the Deputy's Party at the time.

And the people may ultimately deal with me. That is the right way to go about it.

When Private Members' motions were being discussed without a time limit it often happened that the debates ran for a period of two months, and the idea of reducing the period of the debate to three hours was to enable us to get a net decision on the points raised in the course of the debate. If the fact of limiting the discussions on Private Members' motions had any effect, it had the effect of making it possible for the House to discuss in normal and even abnormal circumstances a greater number of Private Members' motions than would be discussable if there were no limitation of the time allotted to such motions.

I want to make this suggestion: In actual practice I think no real difficulty whatever will be found in regard to the implementation of the arrangement, but I do not think anybody feels so heated about the matter as to regard the decision arrived at as irrevocable.

How long does it last?

Only while the Estimates for this year are being discussed.

What I mean is that if it is passed now, it cannot be rescinded within six months.

If the Estimates are finished, yes.

The House cannot take a new decision within six months.

The whole attitude of the Committee was to try to get something that would work. Human minds do not always fashion things which will work, even though they think they do. I do not suggest that this is any occasion for heated argument, or that people should be charged with throttling the right to speak, or individual liberty. I make this suggestion to the Government, and I think they might very well adopt it, because I do not think it makes any alteration in the arrangement proposed: let us try the scheme out and, if it will not work, there will be such a din that nobody will want to limit speakers. I am convinced it will work. The question of loss of prestige or dignity does not arise. It is merely a matter of what is the practical thing to do. If we give this a trial for a month, it would be shown that it will work unless people deliberately set out to wreck it. If it will not work, there is no use in trying to force it on the House, but I believe it will work, and if the House passes the motion on the suggestion that it might be reviewed after a reasonable period of experience, then we could go back to some other arrangement. I think that from the point of view of the Estimates, it will work, and, seeing that no question of dignity or confidence is involved in the matter and that the viewpoint expressed in the resolution is the viewpoint of all Parties, I suggest to the Government they might allow the motion to be passed, on the understanding that it can be reviewed later if there is any open rebellion of a justifiable character against the arrangement.

Would Deputy Norton consider making this proposal to the Leaders of Parties: to undertake to request their members voluntarily to conform to the proposal and, after a month, if that fails, the House can reconsider its position? If Deputy Norton's thesis is correct, that the thing will work, I suggest that the leaders voluntarily undertake on behalf of their Parties to get their members to adhere to it. If we could do that, no damage would be done to anybody and we would have something real, while the principle—the sacred principle—I am trying to defend would be left intact. Would the Leader of the Labour Party consider that?

I am quite prepared to give the thing a trial to see if it will make a contribution and to see if it will work. If it breaks down in practical experience, it must be scrapped. I do not believe the need to scrap it will arise, as I think it will work.

I think the question Deputy Dillon put is implicit in this Resolution, coming as it does from the Committee on Procedure and Privileges and from an unanimous vote there. I take it that those who are delegated to attend that Committee and speak for their Parties had the consent of their Parties.

Not necessarily.

I think that is implicit. I suggest that they consulted their Parties and that all members of the Party should accept that.

Could this not be put on a voluntary basis and tried?

I am not in a position to do that. The motion does not come from the Government nor from the Fine Gael Party or any other Party. It comes from the Committee, which represents the whole House. I do not agree at all with Deputy Dillon when he says that this is a curtailment in principle. Every Standing Order curtails the liberties of every member to some extent or other. What we are doing here is voluntarily done.

No, not as far as I am concerned.

Always before in my recollection—though my recollection may not be accurate—when unanimous recommendation came from this Committee, it was adopted 99 times out of 100, if not 100 times—and always without discussion.

This proposal never came.

But a similar one did.

Similar ones, not mentioning a particular time limit such as we have here. We have been operating, during the emergency, a motion curtailing discussion of Private Members' motions to three hours.

That is the one I referred to.

Is that not limiting every member's time? How many members could talk in this House, if every member tried to take 20 minutes on such motions? Therefore, is that not a limitation of time, to which Deputy Dillon has agreed?

It has now gone a step further.

It is the same principle, and Deputy McGilligan knows that as well as anybody else. There is not any difference in the principle.

It is just going a bit further with the evil precedent.

Deputy McGilligan's Party spokesman has accepted the motion, but the Deputy is repudiating his Party.

That is for me.

Mr. Cosgrave

That is our business.

That is for me, so just leave it alone.

I was just calling attention to the fact.

If attention is to be called, I could refer to the names the Minister has called his own Deputy.

Deputy McGilligan has spoken already. He has no more right than I have.

It was a very ugly expression and he withdrew it.

I would much rather have another arrangement myself. I would rather that the House sat for ten days and not limit anybody's time. That would be my suggestion, but I live in Dublin and it is easy for me to arrange my times, even as Minister— much easier than for people in West Cork or Kerry or Monaghan. They have business to look after and are situated a long way from the city.

If we are not fit to do our job, we ought to clear out.

Can we not try to facilitate everybody as far as we can in doing his public work? Deputies must live and look after the nation and the farmers have a very important work to do as well as attending here.

But this is the most important job they have.

It is important. I would be the last to say that the work here and the right to speak here are not as important as any other public duty in the country. That is my position here and I deprecate anything in the way of limiting anybody's time—even in the case of the three hours we have allotted for Private Members' business. It is not enough for that business, but the emergency arose and we are all governed by that to some extent. We are all affected by the transport difficulties and have to take the emergency into consideration. None of us would agree to these limitations of time in the ordinary way. We only meet until 9 o'clock at present—though, for the last day or two, we have met until 10.30 —and we would not agree to that limitation but for the emergency. The Government does not ask that the time for the discussion of the Estimates be restricted, but there is an emergency and I would remind Deputy Norton the Estimates are very important and that there is a certain urgency, owing to the Constitution, about getting the Estimates through in a certain limited time.

I have not raised that.

The Deputy did raise something about the Estimates not being urgent.

The Tánaiste is answering an argument I made on another occasion.

I think the House has, by adopting the Standing Orders, in principle limited itself and its liberties. I agree with Deputy McGilligan that this is an extension of the principle, but it is not one proposed by the Government. It is proposed by a unanimous vote of a body representing this House and it is in their name it is put before the House.

Would the Tánaiste not consider recommending to the House experimenting on a voluntary basis?

This is an experiment.

On a voluntary basis.

Then one would come back to the House.

If it fails, come back then.

Let me get an instruction on that. If this is passed to-day, when may a motion to rescind it be put? Is there not a six months' limit?

This House is a sovereign House. Deputy McGilligan knows that as well as I do—and can rescind any Standing Order any day, by a majority vote of the House.

You can rescind what you do inside a six-months' period?

This is not a Standing Order. It is a Report from the Committee on Procedure and Privileges.

Would you rule for our guidance as to whether, if we pass this motion to-day, we can rescind it, if it will not work, in a month's time? Let us get a ruling on that for the record. Would the Leas-Cheann Comhairle say, if we pass this motion to-day, that we can rescind it in a month's time?

The House can rescind it to-morrow, if desired.

We now have that decision from the Leas-Cheann Comhairle.

This question rather divides itself into two parts. On one of them, we had a very hysterical outburst from the Minister for Local Government and Public Health. I wondered very much why he grew so hysterical. It did not seem to me that there was any great cause for hysteria in the thing at all.

Now what has happened? The Committee on Procedure and Privileges have brought a suggestion before the House. No doubt the House appointed that Committee and is very anxious to give the fullest care and consideration to everything that they say. As has been pointed out it is very rarely, if ever, that the House differs from its own committees, but I have never heard before that the House is tied hand and foot to them. I had never heard before that the House had delegated all its powers to the Committee on Procedure and Privileges, and that if, in the opinion of the House, the Committee made an unwise suggestion it should not be rejected by the House.

The Minister for Local Government says that would be a breach of faith: that we appoint delegates, not plenipotentiaries, and that we treat them badly and knife them in the back if we happen to think that they have made an error of judgment. Surely the Minister must see how grossly he overstated his case, and how harmful, if anything, he must have been to his own case. We consider that there is a big issue here, that the Committee on Procedure and Privileges looked at it from one angle, and only one. They looked at it to decide whether there could or could not be an effective saving of time, and, therefore, they brought in this suggestion in order that there might be a saving of time. I do not believe that the big issue, the restriction upon the freedom of speech, the issue upon which this House is now principally concerned, was fully debated or considered by the Committee at all. Deputy Norton was the only person who made a case for this suggestion, and I listened to him very attentively for more than 20 minutes.

No, less.

Much more. I came to the conclusion, having listened to him, that he was establishing beyond all doubt that we were going to spend a great deal more time on the Estimate if this suggestion were adopted. It would lead to this, to that and to the other; more people would speak, and so there would be no saving of time. That was the impression that I gathered from the Deputy's speech, whatever he set himself out to prove. I take the view that this is a very real restriction on the liberty of speech. I do not think it should be hastily done or accepted now. The Tánaiste has made the case that it has already been limited. That just bears out Deputy Dillon's argument. There has been one limitation, therefore that limitation justifies another limitation. Private Members' business is limited to three hours. There we have the justification to limit discussion on the Estimates. You limit discussion on the Estimates, and that will be a justification for limiting discussion on everything else. I think it would be a wise thing if this motion were withdrawn, and if this matter went before the Committee again to see if they could not devise some other method of saving time which would not, in the considered views of a number, at any rate, of members of this House, be an infringement upon the liberty of speech and the privileges of members.

As a member of the Committee on Procedure and Privileges, I want to draw the attention of the House to the fact that the Committee met three times on this matter. It met last week when there was a proposal to sit on Tuesday, Wednesday, Thursday and Friday, to stay over the week-end, and meet on Monday, Tuesday and Wednesday. Before any decision was come to at any meeting of the Committee, except the last one, the members adjourned and submitted the proposals emanating from the various members of the Committee to the Parties. From an examination of the time spent by the Dáil in debate in pre-war years over a period of years it was found that, on the average, 287 hours were spent from Easter to August in debates on the Budget, the Estimates and whatever legislation was taken. Under the scheme discussed last week to sit on Tuesday, Wednesday, Thursday and Friday and on the following Monday, Tuesday and Wednesday, and then adjourn for 12 days, you would get for debate in that time 249 hours. Since we are a bit candid about this matter, it is disclosing no secrets to say that the proposal on yesterday to sit from 10 o'clock in the morning until 9 o'clock at night, came from the Fine Gael representatives. It was unanimously agreed to by the whole Committee. That is the proposal before the House. With regard to the curtailment of speeches, it was felt by the proposer that there are certain marathon speakers here who monopolise all the time of the House. Deputy Norton has said that certain Deputies do not speak. No, because they do not get a chance. The back bencher does not get a chance. We all know five or six members on certain benches, and their average time, when they get up to speak, is from two to 2½ hours. They monopolise the time of the House and get their names in the papers for talking rubbish—half the time. They have all the eloquence of all the Eloquent Dempseys in Ireland put together. The back bencher does his work for his constituency better than they do it, but he never gets a chance to speak.

Is the Deputy's suggestion that Deputies do not get a chance to speak not a reflection on the Chair?

No; it is an indication that there are certain days in the year on which we meet here and if you are not in the House you do not get in to speak at all.

In fact, if you do not attend to your business you cannot do your business.

There are other parts of a Deputy's business besides speaking. If a Deputy has to go down to phone a Department when the Dáil is sitting, or to write letters to constituents in the Library, he may not be in the House at the particular time when he would get an opportunity of speaking. He may not have the means to do this work that Deputy Dillon has. Deputy Dillon is an independent, wealthy Deputy and he can employ a staff to do his work. He can spend hours here waiting for his turn to speak, but other Deputies cannot do so.

When we were dealing with this proposal we were thinking of the back bencher and his chance of being able to make a speech, particularly during the emergency, when time is curtailed. The curtailment of time is there apart from this proposal, inasmuch as the Dáil rises at 9 p.m. instead of 10.30 p.m. In an average week of four days there are six hours gone on account of the emergency, on account of the trams and buses and the need to facilitate the staff. It is because of these considerations that this proposal was put down and carried unanimously.

I disagree with the Tánaiste when he says we are following a bad precedent. We are not, because the door is left open and 138 Deputies can speak on an Estimate, each Deputy having 20 minutes in which to speak if he so desires. You are not curtailing any Deputy's right to speak.

In order to clear this matter up, I suggest that we should sit for five days one week, remain in the city over the week-end and sit for three days the following week, and then go home on Thursday, so as to be able to avail of the transport facilities that day. If we were to start every morning at 10.30, I think the amount of time that has been decided upon to give Deputies an opportunity of expressing their views would be quite sufficient. There are some people here who come in during the evening, because they are living in the city, and they make speeches. Some of us who are not conversant with Parliamentary procedure naturally give way to those Deputies.

I suggest, as Deputy Spring suggested, that we should remain in the city over the week-end. That would give an opportunity to other people who may have to do business in the country to travel, and their business may be just as important as the business some Deputies have to do. I think that would be a very practicable thing. We could sit for eight days at a time, remaining here over the week-end. We would not be interfering with Parliamentary procedure as regards ordinary legislation, because this proposal, I take it, applies only to the consideration of Estimates. My idea is that if we sit for eight days we could then remain at home for a fortnight. That will enable other people to travel and we will not be putting the taxpayer to the expense of travelling to and from Dublin every week in order to attend meetings of the Dáil. If some Deputies think it too expensive to have to remain here during the week-end, perhaps the Government might give them whatever it might cost them to travel to the city and that might enable them to cover their expenses here.

I do not think there was any necessity for some of the heat that was engendered in this debate. The matter appears to me to be quite simple. The Committee on Procedure and Privileges was brought together by reason of the sudden emergency in relation to transport. I have not heard that there was any other reason for their meeting. It was considered necessary to make provision for that contingency. The railway trains will run only two days in the week and it was necessary to make provision so that the business of the House would be conducted with the least inconvenience to Deputies and with the object of giving a chance to Ministers to carry out State business in a reasonable time.

If the Committee had confined itself to that solely, and brought forward any proposition dealing purely with that matter, I am sure the House would have given all the facilities required. There has never been an occasion when the Government has been in a difficulty, when there was need to get some piece of legislation through, that the House has not met them. There is not a single instance I know of in which the House did not meet the Government in every possible way. If the Committee had confined themselves to that particular problem, the House would have met the situation without any controversy; but the Committee did not. They solved the problem for which they were set up, but they brought in a second recommendation which anybody might have known would be received with consternation by some members of the House.

I do not want to make a lengthy speech—I usually do not speak at any great length. I must say that I agree with everything Deputy Dillon said. I agree also with Deputy McGilligan's argument. I have not heard a speech in favour of the motion. I have not heard an argument made by any Deputy that the problem has not been met; that we have not, by the recommendations made, given the Government as much time as they would have in ordinary circumstances. If the proposal of the Committee is accepted— I believe it is—to meet on Tuesdays and wednesdays, from 10 a.m. to 9 p.m.; we are giving the House 22 hours a week for Parliamentary work. I have been 17 years in the House and I would ask Deputies to go through the Debates over that period and take the average time spent here and I guarantee it will not work out at 22 hours a week. That is what the House is asked to agree to.

I do not like criticising any committee. I think that usually the House agrees to the decisions of committees, but in this instance I believe the Committee has run away with itself and has attempted to solve something which the House did not want it to solve. We are prepared to meet the House by giving as much time as they would have had every week if the transport problem had not arisen at all. But we are not going to take advantage of the transport problem, serious as it is, to give the Government more time than they ever would have had, or to limit the rights of Deputies to an extent that nobody ever thought they would be limited. Unless there is a greater emergency than exists, or than anyone can envisage at the moment, I would not be a party to restricting the rights of Deputies in this House, rights that Deputy Dillon so forcibly advocated. I might be prepared voluntarily to limit any rights that I have in this House. I do not think that I have ever been one of the two-hour speakers and I do not suppose I ever will. If I were capable of speaking for two hours or three hours, and even if I talked trash most of the time, if the people thought it right to elect me, than I have the right and the privilege of talking trash for three hours. That is the position as it appears to me.

No case has been made for the drastic proposal for cutting out the right of Deputies to make the best case they can for the people they represent, and to speak in this House, as Deputy Dillon said, without any fear of being misrepresented anywhere or of being interfered with by any authority inside or outside the House. That is a right that I think every Deputy should be anxious to protect. This matter ought not to engender heat. But I say that the House ought to consider that the problem which faced the Committee on Procedure and Privileges was the problem of providing for the situation caused by the breakdown in the transport system, and the proposal of the railway company to run trains on only two days in the week-namely, Mondays and Thursdays, which will necessitate Deputies going home on Thursdays, thereby knocking out the Thursday work in this House. To meet that situation, the Committee proposed that we should sit from 10 a.m. to 9 p.m. on Tuesdays and Wednesdays—11 hours per day, or 22 hours per week. On the whole, I think that is a greater average than we have had during my 17 years' experience in this House.

I might probably be classed as one of the speakers who hardly ever exceed 20 minutes when speaking in this House. We should remember the hours which we spent on Estimates from 1923 to the present time. To-day we have a proposal to spend two days each week, or about 22 hours per week, on Estimates. In days gone by, we sat on Wednesday, Thursday and part of Friday, which would represent about 17½ hours. With these 17½ hours each week we disposed of all the Estimates, and we had not to sit, as a rule, very far into the summer. Sometimes we ran as far as July, but we very seldom ran into August. I was a member of this Committee when the recommendation was made with regard to the time for Private Members' motions. But Private Members' motions and the motions which we have to deal with during the next few weeks are totally different. Private Members' motions are not of very much interest to the great majority of the House. But the Estimates' which we are about to enter on now I should say will constitute the principal part of the whole session. I was surprised to hear the leader of the Farmers' Party wanting to curtail the discussion on the Estimates. We must realise that in 1924 the Estimates for Public Services amounted to about £24,000,000; to-day they amount to £51,000,000. Surely, if we are to go on increasing the Estimates from year to year we will want not only to get the time to which we have been accustomed, but even more time, because unless something is done by the criticism of Deputies to reduce the Estimates, our Estimates will not be £51,000,000, but very much more. Therefore, I have great pleasure in supporting Deputy Dillon.

I was a member of the Committee on Procedure and Privileges for four years while in opposition and, I think, one year as a member of the Government Party. My recollection is that at no time was any recommendation of that Committee rejected by the House. It was my duty for a few months to present the reports of the Committee to the House, and they were always accepted. If what is happening now is to continue, the purpose for which the Committee was set up will not be served; that is to arrange the best way of proceeding with our business in the House. My recollections of that Committee are very pleasant. I always found there a spirit of accommodation. There was no Party attitude adopted, or very rarely anyway. We always tried to meet the exigencies of the moment, whatever they might be. We see the result now of what appears to be a break-down in that procedure which has obtained from the setting up of this institution. The Committee does not appear to me to be as representative of the House as it used to be, otherwise I cannot understand why its unanimous recommendation has not been accepted.

What I would be inclined to suggest if, for instance, the Fine Gael Party is not satisfied with the manner in which their representatives have carried on on the Committee, or if other Parties are not satisfied, is that they might ask for a postponement of this and reconsider the whole thing and save the House all this trouble. If we do not do it in this Committee and try to seek a modus vivendi, as has been the practice since the establishment of this House, and arrive at some agreed settlement, then we will have to do it in the House and there will be no finality to it. I fear that we will keep on at this until 10 o'clock to-night, and that we will not reach any agreement, whereas, if we were sitting on a committee, nobody would be taking notes, and I might think that I had a better arrangement than one, say, proposed by Deputy Norton. We have done that several times. Deputy Norton, or whoever represented Labour would say: “There is something in that”, and in a short time we would try to secure general agreement. I think the method of dealing with it was that if the Party did not agree they had a remedy. They could haul their representative up and say to him: “What way are you behaving on the Committee? Did you not know that Deputy So-and-so wanted this and Deputy So-and-so wanted that?” That is the way things worked. If it transpires that there is a new. Labour Party and they are not represented on the Committee, why should they not be represented? What I am asking the House to do is to try to continue the practice which has worked so well since the House was established. If we do not, every time we try to make an arrangement we will have every Deputy getting up and giving his view and there will be no finality.

This is not a Government proposal. The Parliamentary Secretary is looked upon as the person who presents the report of that Committee and always has been. It was always regarded as a formal matter, because the arrangement has been come to at the Committee. I warn Deputies of the danger of departing from a well-established practice which has worked admirably. That is what struck me when I came in. I came in more to listen than anything else and I saw four or five Deputies wanting to speak. This discussion can go on interminably. We will get nowhere if we continue it here. We should try to settle it in a committee so that the rights of every Party and, if possible of every individual will be safeguarded. I see the difficulty in regard to Independent members. We always had that difficulty. As a general rule, whatever the representatives of the independent group decided upon was generally accepted by the other members, and I take it that if a particular representative of the Independent Party, who did speak for them, did not carry his weight, so to speak, they would get somebody else. If we cannot arrive at some such arrangement as that, there will be nothing but futility and chaos, as Deputy Donnellan has described it, and the result will be that we will be endeavouring to run the business of the nation in a manner of which we ought to be ashamed, instead of running it is a business like manner.

What does the Miniister suggest?

Mr. Boland

I am speaking, simply, as an old member of the Committee on Procedure and Privileges. I think that there is a sufficient number of old members of the Committee in this House to remember how I, myself, and some other members of our Party used to do most of the talking in the days when we were in Opposition. I think it will be remembered that we often spent hours discussing on various matters, but if Deputy Duggan, the then Parliamentary Secretary, brought in a proposal here which had been agreed to by the Committee on Procedure and Privileges, and proposed that since it had been agreed to by the Committee it should be accepted by the House, I think it will be remembered that it was unheard of for any member of the House, even of Deputy Duggan's own Party, to get up here and try to open a case that had been already decided upon by the members of the Party concerned. In that connection, it appeared to me that Deputy McGilligan, Deputy Fitzgerald-Kenney and some other Deputies on the opposite side did not seem to have agreed with what had been accepted by the members of the Fine Gael Party who were on that Committee. I shall not go so far as my colleague went, in speaking of stabbing people in the back, and so on, but it does appear to me, from what has transpired here to-day, that the members of the Fine Gael Party did not thresh out this matter sufficiently among themselves.

There was no question of it.

Mr. Boland

Well, if that is so, it is too bad, and it would appear that when you find members of an Opposition Party disagreeing with the leaders of that Party, they must not have been able to agree on some plan which would be acceptable to the members of the Party generally. I have a suggestion to make. Perhaps I am not in order in making it, but I want to find some solution of this difficulty, and my suggestion is that some attempt should be made to get all the Parties in the House to reconsider this matter, because I think that we should certainly curtail this debate to-night in view of the length of time it has taken already.

Would the Minister agree that it would be better to withdraw the motion altogether?

Mr. Boland

That is not exactly my proposal, but I think that some opportunity should be given for a reconsideration of the whole matter.

Is it the Minister's proposal that this should go back to the Committee?

Mr. Boland

It is not a proposal; it is merely a suggestion. Deputy Fionán Lynch made what I considered to be a very strong speech on behalf of the motion because it had come as a unanimous decision of the Committee to recommend this, but then we had Deputy McGilligan, Deputy Fitzgerald-Kenney and, I think, Deputy Bennett, disagreeing with that. It struck me accordingly that the motion cannot have been considered properly by the members of that Party in general. At any rate it looks like that to me, and I think we should try to arrive at some agreement between all the Parties, whereby this matter should be definitely decided by the Committee on Procedure and Privileges, where all the details could be arranged, instead of going into them in this House, where it is practically impossible to do so.

I would agree with the Minister, and I would suggest this matter should go back to the Committee on Procedure and Privileges to-night because I think that some members of the Party here were not aware of the decision that had been come to. My own attitude would be to support any finding of a committee which was unanimous, even though I might not agree with that finding, but it seems to me to be extremely foolish to be wasting the time of the House in order to find out some method of saving time.

Mr. Boland

That is my idea also.

I am opposing this proposal. As one who has been here for 22 years, I can say this is the first time that I have ever known a member of such a Committee to come in here and ask the members of this House to give away whatever little rights we still possess. I am surprised that the members of that Committee agreed unanimously to deprive the members of this House of their rights. In effect, what you are asking us to do now is to vote away the right and privileges which we possess here. An appeal was made by Deputies McGilligan and Dillon to withdraw this motion and to consult the leaders of all Parties upon it. Now, I am quite satisfied that if you consult all the Parties, and the members of all the Parties, you will find that they are quite prepared to facilitate the Government, voluntarily, by every means in their power, to secure that the Estimates will be passed in a proper time and that no unnecessary speeches will be made in the House.

Deputy Norton and other Deputies tried to make a case here to-day, but the case that they tried to make was, in effect, to justify the attitude that has been taken up. Deputy Norton pointed out that although this meant an interference with our rights, it was only to be of a temporary nature. Deputy Donnellan also fell into the trap of thinking that by agreeing to this, the Estimates would be passed sooner and that that would enable men to carry out very important work in their own native districts. That is quite understandable, I agree, but here we are in these days, after 22 years of fighting in this House to maintain and uphold the rights of the representatives of the people here, being asked by the Minister for Justice, in his usual friendly way, to pass this because it will only be of a temporary nature. What chance, however, will we have afterwards of rescinding this motion? The Leas-Cheann Comhairle has given his word, but we know very well that once this thing is made a rule of the House it will be very hard to alter it.

I was one of the few who opposed the Emergency Powers Act of 1939. I was told at that time, and was given a promise, although I was not speaking on behalf on anybody in particular, that the rights of individuals would not be interfered with, but, unfortunately, we have seen the way in which individual rights have been interfered with and are being interfered with at the present time. That is why I and the people associated with me are determined to oppose this infringement on our rights by every means in our power. If necessary, the members of my Party will use their position in this House to occupy as much time as we can in speaking on the various subjects that may be raised here rather than allow the privileges and rights of the members of this House to be interfered with by a voluntary motion of this kind.

Would a motion to refer this thing back to the Committee be accepted? Surely, that suggestion ought to commend itself to everybody in the House. Could not the House accept the proposal of the Minister for Justice, to refer this back to the Committee? I think that that would meet everybody's case.

That is acceptable to us.

Is that proposal agreed to?

Mr. Boland

It looks to me as if we will be talking about this matter till 10 o'clock to-night, if something like that is not agreed to.

Is that agreed?

I think the House is agreed on it.

I want to know, Sir, what exactly the proposal is?

The proposal is to refer this matter back to the Committee on Procedure and Privileges for reconsideration.

The whole matter?

Yes, that is what I understand.

I think that we might agree to the first proposal: that the House should meet on Tuesdays and Wednesdays, and the other matters could be considered afterwards.

No. I think that the whole matter should be referred back.

Well, then could we not refer the whole thing back? I suppose that the Committee could meet to-night to reconsider it?

Why could not the Committee meet to-night, and report back to the House before we adjourn?

Mr. Boland

I suppose that that could be done, but it might be very late.

We are prepared to sit until any hour, and gladly.

I take it then, that the House is agreed that the matter should be referred back to the Committee.

Motion, by leave, withdrawn.

Who will start a round of applause for me now?

I have another motion here, in connection with the sittings of the Dáil next week, which I should be supposed to move to-night, but seeing that the Committee on Procedure and Privileges are to meet again to-night, I do not see what would be the point in moving this motion, as we have to wait until we find out what the findings of that Committee will be after their second meeting, and accordingly, I wish to withdraw the motion.

Motion, by leave, withdrawn.

The findings of the Committee on Procedure and Privileges can scarcely come before the House before next Tuesday, but it is within the province of the Parliamentary Secretary to move that the House meet at 10 a.m. next Tuesday, without reference to the Committee.

I understand that there are other motions to be dealt with to-night, which means, in my opinion, that the House will have to sit late——

And gladly will.

—and surely it ought to be possible for us to have the findings of the Committee available for the Dáil before the Dáil adjourns.

Are all the Parties to be consulted?

The difficulty is——

We are not tied by any agreement made by others.

——that, after the last general election, a Committee on Procedure and Privileges was set up by the House, on which we put the full number. We were not in a position, because of something that happened afterwards, to say to any member of the Committee that he should resign from the Committee, and make way for the representative of a newly-formed party and we have the full membership still.

Would the Chief Government Whip consider inviting the Leaders of the several Parties to meet him informally and inquiring of them if they would voluntarily accept, on behalf of their members, the proposal for restricting the length of speeches until the Estimates are disposed of? If he gets that voluntarily, he will find that it will be honoured most fully by every Deputy. I, on my part, undertake to honour it in the letter and in the sprit.

I am in full agreement with that suggestion. I am prepared to meet the Leaders of all Parties, with a view to arriving at a settlement of the whole question on a fair and amicable basis.

That does credit to us all.

Motion, by leave, withdrawn.

May I mention a matter——?

The matter has been disposed of.

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