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Dáil Éireann debate -
Wednesday, 14 Nov 1945

Vol. 98 No. 9

Elections to Seanad Eireann. - Appointment of Joint Committee— Motion.

I move:—

That it is expedient that a Joint Committee of the Dáil and Seanad be set up to consider and make recommendations on the method of regulating elections of those elected members of Seanad Eireann who are required by the Constitution to be elected from panels of candidates and the definition of the electorate for such elections.

That 15 Deputies (exclusive of the Chairman of the Committee) represent the Dáil and seven Senators represent the Seanad on the said Joint Committee; and that the Ceann Comhairle be Chairman of the Committee.

As regards this motion, the position is somewhat unusual as to the forms and substance of the amendments proposed. The amendments tabled might really be divided in the main into two alternative propositions, the first to substitute a Government-appointed Commission for the Joint Committee proposed in the motion, and the second to modify the membership of such Committee.

The main discussion would take place on No. 1 amendment. It would not be desirable—in fact, I am nearly sure it would not be possible—to telescope the discussion of all these amendments. We shall have to have separate decisions. A decision which will be taken on amendment No. 1 will close the main discussion. Then there are specific points in amendments Nos. 2, 3 and 4, modifying the membership of whatever Committee is there. I think amendments Nos. 3 and 4 really deal with the same point. A decision is, therefore, required on amendment No. 2 and a decision on amendments Nos. 3 or 4, but scarcely on both; if one is decided I think the other would be equally decided. A debate will thus take place on the motion and on amendment No. 1, and will be closed by the proposer of the main motion. That amendment will then be decided, after which amendments Nos. 2, 3 and 4 can be decided and, finally, the question put on the main motion without further discussion.

The House will remember that a short time ago a motion was proposed calling for the setting up of a committee to examine into the method of electing Senators. I have, in accordance with the decision then arrived at, put down this motion. It is proposed that 15 Deputies will represent the Dáil. We would like to have a smaller number, but 15 was chosen so that all Parties might be represented, roughly in proportion to their strength. If you take the smallest Party and give it one representative and give one representative to three or four Parties roughly of the size to which you could give only one representative, then you would have, in the same proportion, to give three to Fine Gael and the Government side of the House would have to be given eight. That would mean a total of 15. I do not think you can give anything like representation to the various Parties with a smaller number.

Having decided then on the number for the Dáil, the question is what should be the number for the Seanad. There are two views. One might say the Seanad as a separate House should get equal representation. If that were to be adopted you would have an already large number doubled. It would seem that to give them representation in proportion to their relative numbers—60 members in the Seanad and 138 in the Dáil—to give them seven representatives would appear to be fair. That brings us to a committee of 22, with the chairman. That is a fairly big committee but I think for this particular purpose it is not too big. Sometimes people may be absent at meetings elsewhere and, in any case, if there were any special reason why the committee would think it wise to do so, they could appoint a sub-committee to go into details or give continuous examination to any particular aspect of a question as it arose. I am explaining to the House how these numbers arise and why the Government have put down the motion.

I move amendment No. 1:—

To delete all words after the word "expedient" and substitute the following words:—

"that a Commission be set up to consider and make recommendations for the selection of a Seanad.

That the Commission be nominated by the Government after consultation with the Leaders of the Opposition Parties.

That the Commission consist of nine persons of whom not more than four shall be members of the Oireachtas."

As one of those responsible for the original motion, which was to the effect that the Government be asked to appoint a committee to make suggestions with regard to a different system of electing the Seanad, I should like to say that that motion was accepted by representatives of all Parties in the House and was accepted by the Government. The next step is the Government's proposal to have 22 members, confined to the Dáil and the Seanad. I agree with the Taoiseach that if we are to build up this committee on a blend of mathematics and politics you could not possibly have a committee that would be mathematically fair to every element represented in this House on a scale smaller than 22 members.

But those of us who have experience of committees, whether in the Dáil or outside, are aware of the fact that, if you want business done and if you want anything like agreement, the smaller the committee is the better and the more likely it is to succeed, even in a political House such as this. Some seven years ago, when the major Parties implementing the Constitution under which we now live wanted to appoint the first President—and surely that is about the hardest thing on which to aim at agreement, an appointment such as that—we did not look for 22. We got a committee of four and in the course of three or four hours there was agreement about it.

When the country was in the midst of a real emergency and when we wanted agreement with regard to various steps in connection with the Army, its recruitment and so on, and even with regard to the political questions which arose from time to time during the emergency, we did not try to cement mathematics and politics. We wanted to achieve something and, because the sincere intention was to achieve results, the committee in that case was particularly small. I think the number was nine. The Taoiseach knows as well as I know what will be the outcome of a committee of 22, strictly regimented, with everybody carrying a Party label going into the room. There will be at least half a dozen reports and the result of it all will be that the Government will do then what they could do without any committee, that is, merely frame their own proposals for the future Seanad and bring them here.

I have not tabled this amendment with a Party or political outlook. My idea is that, if we want to get results, the committee must be small, and the more and the greater the distance we depart from political regimentation, the more likely we are to get a Seanad with which we will all be pleased. Secondly, I do not want to see proposals made with regard to the future Second Chamber by political Parties only. In my amendment, I suggest a committee of nine and that not more than four of that number should come from the Dáil or Seanad—that the five others should be outsiders. We had a vocational organisation commission which went very thoroughly into all questions associated with vocationalism in this country. There were no political complications and they gave years to their work and made recommendations. Surely from that commission we could get two or three people interested in this particular question, that interest of theirs being in no way complicated or obscured by political Party affiliations.

It is with these ideas in mind that I propose a much smaller committee and the very minimum representation from Dáil Éireann. I should not be disturbed if the four from the Dáil came from the Government, or if they came from Clann na Talmhan or Labour Parties, or, perhaps best of all, if they came from Independent units here, but the other five should be outsiders. I suggest that it is at least a matter worth considering between Party leaders before committing ourselves to any particular figure, and, above all, before committing ourselves to having these proposals made exclusively by Senators or Deputies. I should like a good mixture, a kind of impartial breath of outside opinion. If there are outside opinions, if outside people are present, the committee, be it nine or 22, is less likely to work all the time along Party lines and Party furrows. I saw the effect of outsiders on committees appointed by the Government of which I was a member, and I urge strongly—I do not demand that the Government or anybody else should adhere rigidly to the figure or the scheme set down here—that the proposal should be postponed and that there should be a discussion between all Party leaders as to whether it is best to have this committee exclusively composed of members of the Dáil and Seanad or to have reasonable representation of people outside. That is, I think, a bigger thing than the question of numbers, but I definitely feel it is a mistake to confine this planning committee to political representatives, to members of the Dáil and Seanad.

In addition, if we hope to achieve results, to get proposals which would have the confidence of all, the personnel should go about their work in a spirit of harmony rather than in the spirit of so many troops from different belligerent armies entering a room, and the number should be small. The powers of the Seanad are very slight now and the possibilities of a Seanad interfering with or obstructing the plans or policy of Government are more or less entirely remote. Whether the figure is nine or 22, or less than nine, if there is any anxiety in the mind of Government with regard to majorities, let them have a majority on whatever committee is appointed whatever its size may be.

I appeal to the Taoiseach to have a committee which will not be entirely a regimented committee from Dáil and Seanad, to have some outsiders of experience who, perhaps, have given far more study to the building of State institutions than any of us within the Dáil or Seanad has ever given. If we open the door a little to outsiders of that type, we are more likely to get a Seanad which will fulfil its purpose and have the confidence of all. The State as a State is very young, and it is not to the credit of any of us that, in 20 years, we had twice to destroy the Seanad and look for some other type of Chamber. Surely our third attempt will be more fortunate than the previous two, but if we approach our third attempt on the basis of mathematically—arrived—at Party politicians going into a room in a sparring attitude, nothing can come of it that will be any more lasting than what went before.

I agree with Deputy O'Higgins that this is a matter which must not be approached as purely a matter within the political arena. In order to arrive at a correct conclusion as to what my decision on the motion should be, I have, first, to make up my mind whether the selection of the committee shall lie solely within the Dáil or Seanad, or whether outsiders should be introduced. We have had experience of outsiders before and somehow the results do not seem to have been entirely satisfactory. If it is decided that the selection shall remain within the Oireachtas, I see nothing whatever wrong in the proposed committee—in fact, it could not be otherwise on the basis of the representation of Parties—but I might underline what Deputy O'Higgins has said, that the matter should be approached with the sole object of getting a Seanad which would give satisfaction throughout the country.

I may be an innocent abroad, but I see no reason why a number of individuals drawn from this and the other House could not devise such a body, and I am reinforced in that view by the experience I had only recently, and, indeed, on a number of prior occasions, on the public authority with which I am associated. Recently in the Dublin Corporation we had a situation which might very easily have given rise to circumstances similar to those now before this House. There might have been sharp cleavages between the three different Parties with regard to securing better administrative machinery for the corporation. They did there what is precisely before the House here, that is, they selected a fairly large committee, representative of the three large Parties, and, in fact, of the Independents also, who numbered only three out of a total of 45, and that committee was an outstanding success.

The various Parties decided that their main objective was better machinery rather than political advantage to one side of the House or the other. With that object in view the three Parties gave way on various occasions, and eventually introduced a unanimous report. We have better machinery now than we have had for a number of years. Speaking out of my comparatively recent experience, I see no reason why the experiment suggested in this motion should not be proceeded with, and if the same dispositions are evidenced I see no reason why we should not obtain the same result now as in the other instance. It seems to me that it would be a reflection on the capacity of the members of this House and of the other House if it were not possible for them to select from amongst themselves individuals who were competent to examine the question, and who were prepared to pursue the aim that is envisaged in the motion, that is, to give us a Seanad of which the country might be proud. For these reasons my colleagues and myself would be prepared to proceed with the motion. The alternative would be that, if the machinery was not working along the lines Deputy O'Higgins desires, there would be the advantage of being able to come back to the House and discuss the position.

Is the amendment being withdrawn?

I am putting it to the Taoiseach for his consideration. Perhaps he would like some little time to consider whether it would not be advisable to have some outsiders on the committee.

This motion was not put down hurriedly. We gave it a certain amount of thought. Deputy O'Higgins will remember that at the end of the discussion I asked what sort of a committee was envisaged. Those who spoke in favour of the motion on that occasion did not talk much about the kind of committee that was envisaged. At the end of the discussion when I asked some questions, Deputy McGilligan's statement seemed to indicate that the committee he had in mind was a committee of this House. He mentioned something about sending for papers and records, but the motion here is for a constructive committee to get work done, and not for an inquiry into anything that happened in the past. On that consideration the first thing that occurred to me was whether it should be a commission or committee. I thought that a committee would be better. We had a commission before and if there was any question of the nomination of a commission and if, for instance, the Government were bringing forward proposals we would be told that the members of it were hand-picked. I came to the conclusion, largely for the same reasons as those mentioned by Deputy O'Sullivan, that a committee would be better. I do not agree with people who are always running down the personnel of the House and talking about rabid politics. We have our political differences, but I think that the members of the House are as capable as any group you could get to consider a matter of this kind. They have a good deal of experience behind them. The Leader of the Labour Party spoke about experiences here after the general election, of canvassing and so on. There has been experience of the existing method over a period of time and, consequently, those who obtained that experience know the dangers that have to be looked out for and are better fitted, it seems to me, to deal with this question than complete strangers.

With regard to outsiders, there are people who have been writing on this subject and when the committee sits it can invite them to give their views. You have groups of people who have given attention to the subject. They could be invited to put their views before the committee. The committee could ask for proposals from any group of people that they considered would be able to give them views. The final framing of the proposals, I think, had better be left to the committee itself. When the committee reports it will then, of course, be the responsibility of the Government to introduce the necessary measures. The Government may or may not agree with the findings of the committee. It will be the Government's duty to sponsor whatever proposals it puts forward, proposals which it thinks are best in the national interest. I would be very happy indeed if our position was that we could agree on the proposals that were put forward. That would be the ideal position from our point of view, but it may happen that we would not be able to do that. I think, therefore, that, having given due weight to the views that have been put forward by Deputy O'Higgins, the only really workable solution is the motion which I have put forward.

Amendment, by leave, withdrawn.
Amendments Nos. 2, 3 and 4 not moved.
Motion put and agreed to.
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