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Dáil Éireann debate -
Tuesday, 26 Mar 1957

Vol. 161 No. 2

Supplies and Services (Temporary Provisions) Act, 1946 (Continuance) Bill, 1957—Second and Subsequent Stages.

I move:—

"That the Bill be now read a Second Time".

The Supplies and Services Act is due to expire on 31st March and this Bill proposes to continue it until 31st December next. I can, I think, express the fairly confident hope that it will not require to be renewed beyond that date. There is only a very limited number of purposes for which the special powers of the Supplies and Services Act are still required and arrangements can be made to deal with these matters by other legislation within the course of the year.

The only purposes for which the powers of the Supplies and Services Act are being used at present are to deal with some traffic regulations operated by the Minister for Local Government, a small number of welfare schemes operated by the Minister for Social Welfare, and to maintain the existing arrangements for the control of prices, for the suspension of certain customs duties and for the operation of the petrol rationing arrangements for so long as they may be necessary.

There is, I believe, general agreement amongst all the Parties of the House that this Act should cease to operate as soon as the Dáil can make arrangements for the continuance of whatever operations are authorised under it. A very large part of the necessary permanent legislation has been enacted and the balance will, I hope, be enacted this year. Therefore, unless some very exceptional circumstances arise, this last residue of our wartime legislation will be cleared off.

When I was Minister for Industry and Commerce, it was my intention to promote legislation to render unnecessary the continuance of the Supplies and Services Act, and, as the Minister has acknowledged, a good deal of legislation—I think about 12 Bills in all—was put through so as to render the continuance of the Act unnecessary. Some more Bills are to be put through. There is one Bill relating to hire purchase and that new Bill is necessary because of the effect of the recently controlled hire purchase arrangements. That Bill is in draft and can be introduced immediately. There is another Bill relating to the suspension of customs duties. That Bill is also in draft and can be introduced immediately. There is another Bill dealing with the question of the continuance of price control and that Bill is at present with the Parliamentary Draftsman with a view to being licked into shape as a Bill. It already has the heads of a Bill.

With the passage of these three Bills, all of which could be on the Order Paper, two next week and one within a month, the main necessity for the Supplies and Services Act, would have passed, were it not for the recent necessity of introducing petrol rationing. While I agree at the outset that emergency legislation of a supplies and services character is not desirable, I have still come to the conclusion within the past few weeks that a sudden switch away from it to nothing of a comparable kind may involve the Government, the Parliament and the people in unforeseen difficulties. So long as petrol rationing continues, it will be necessary to continue the Supplies and Services Act, even though we have passed permanent legislation to deal with all the other matters which are being dealt with in connection with the Act as it operates at present.

This brings to mind in a very acute way and throws out in bold relief the necessity for having some kind of legislation to deal with an emergency situation which we cannot foresee, which is not of our making and against which we are completely powerless to insulate this country. If the Supplies and Services Act had been repealed and it were found necessary to ration petrol, quite considerable difficulty might arise in finding the necessary machinery to do that job in the speedy and efficient way in which it could be done under the Supplies and Services Act.

Petrol rationing is now petering out and within the next month or two, it ought to go entirely. That does not mean, however, that we are never going to have the same difficulty again. A shipbuilding strike, an engineering strike or a dock strike in England might make it impossible to get tankers loaded, might make it impossible to get tankers unloaded here, or you might have a situation in England in which a dispute, for example, in the British coal fields might make it impossible to load ships with fuel for Ireland. In such circumstances, it might very well be necessary to ration the meagre quantity of coal that could be imported for the time being from other parts of the world.

It is because situations of that kind, in the uneasy world in which we live, are things which seem to be ever-present that I believe there is now a case, in the interest of the nation, for considering whether we ought not to have something as a substitute for the Supplies and Services Act, some piece of mechanism which is already in existence, remains suspended but can be brought into speedy operation on the passage of legislation through this House. Something of that kind is desirable. It is all right to say in an idyllic way that this emergency legislation is undesirable in times of peace, but a time of peace can often be much tougher than a war situation as many could prove from experience of various countries since the end of World War II.

The Government should, I think, give consideration, perhaps in consultation with other Parties in the House, to the desirability of having at its disposal some piece of mechanism which will operate speedily and operate overnight, which will deal with a special problem only as long as the problem lasts and can then go back into retirement until it is necessary to bring it out for use again.

The Minister mentioned that one of the reasons for which he wished to retain this Bill was the rationing of petrol. The House will have observed that, in the course of the past 48 hours or so, the Minister has announced that the continued rationing of diesel oil and certain other oils is no longer necessary. I think most of us understood that the shortage related in a more critical form generally to diesel and heavy oils than it did to petrol. Perhaps the Minister could give some indication as to what his views are on the possibility of petrol rationing coming to an end, at an ascertained future date.

I should like to comment briefly on what the leader of the Labour Party said. I should like to see the Supplies and Services Act disappearing, and let us at least try to get on without it. I am afraid it is true that any of us who have occupied executive office find ourselves gradually growing into the frame of mind in which we would seek to short-circuit the rather cumbersome processes of democratic government. It is undoubtedly true that a situation can arise when a Minister, anxious for the welfare of the particular section of the economy for which he is responsible, wishes to take prompt and effective action to avoid a particular danger which threatens that economy. I think that is one of the prices we have to pay for democracy and individual liberty in a free country. It is true that things can be done much more quickly by order and it is true that, under a totalitarian regime, many more things can be done than through the democratic process. Maybe the leader of the Labour Party is right that the world is becoming so complex that democracy can no longer function effectively in the full sense. I am not prepared to accept that view yet. I believe the Dáil would give to any Minister whatever powers are necessary for the protection of the public weal, no matter how little we liked the Minister or the Government to which he belongs.

I dare to say that the whole future of democracy depends on whether there is retained that degree of public spirit which will give the lawful Government of the day, chosen by the Irish people, powers to protect the community against such dangers as those to which the leader of the Labour Party referred, from outside or within. Let us see if we cannot do that through the ordinary procedure of Parliament and, if we cannot, then permanent legislation such as the Supplies and Services (Temporary Provisions) Act may be necessary. I prefer to go on believing that this Parliament will, in any emergency, do what is necessary to continue governing and to protect the community and only when I have seen that that is not so will I be persuaded that such legislation should be made part of our permanent legislation, because I think that in a certain sense that would be a declaration of a loss of faith in the normal procedure of democracy which has so far grown and prospered in our society.

Deputy Norton raised the question of the extent to which it is desirable that the Government should have powers, in normal times, to take action which might interfere with the business of the citizens of the State without consulting the Dáil. In what Deputy Norton would describe as a yeasty situation the Government might have to take special powers but we think that it should be obliged to bring the Dáil together rather than that there should be special powers kept in cold storage for use in such circumstances. That was the approach which we had when the difficulties of the war time began to pass and when the desire was to get rid of the restrictions and regulations which had been imposed in that war situation under these temporary Acts.

Nobody can foretell what the future may hold but if we can assume that something like normal conditions may prevail then we should proceed by way of normal legislation. With regard to fuel oil and heavy oils generally the position now appears to be such that there is no reason to maintain restrictions on their use and no difficulty is anticipated in meeting all demands for them. The situation with regard to petrol is that there is likely to be, I gather, in the course of the next month almost enough petrol to enable the same volume of consumption as was experienced this time last year but not quite enough, and certainly no margin, to permit of an increase on last year's consumption. In the circumstances it is necessary for the time being to keep rationing in operation but it will be little more than a precautionary measure and I should hope that it will be possible to ensure that nobody will be in difficulties because of the rationing scheme. It will be our intention to get rid of it completely when that can be done without risk. It appears that the situation is likely to improve in the near future but circumstances might alter that picture and in view of the absence of a margin of stocks I think it is desirable to keep rationing in operation for the time being.

Question put and agreed to.
Agreed to take remaining Stages now.
Bill passed through Committee, reported without amendment, received for final consideration and passed.
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