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Dáil Éireann debate -
Tuesday, 2 Dec 1958

Vol. 171 No. 10

An Bille um an Triú Leasú ar an mBunreacht, 1958—An Dara Céim (Atógáil). Third Amendment of the Constitution Bill, 1958—Second Stage (Resumed).

D'atógadh an díospóireacht ar na leasuithe seo leanas:—
1. Go scriosfar gach focal i ndiaidh an fhocail "Go" agus go gcuirfear na focail seo ina n-ionad:—
nudiúltaíonn Dáil Éireann an Dara Léamh a thabhairt don Bhille de bhrí go gcreideann sí i dtaobh díchur chóras na hIonadaíochta Cionúire
1. go gcuirfidh sin isteach ar chearta dlisteanacha mionluchtaí,
2. go bhfuil sé in aghaidh ár dtraidisiún daonlathach,
3. gur dóigh parlaimintí neamhionadaitheachta agus rialtas stróinéiseach a theacht dá dheasca,
4. go mbeidh sé níos deacra dá dheasca deireadh a chur leis an gCríochdheighilt,
5. nach bhfuil aon éileamh air ag an bpobal, agus
6. uime sin, leis an gcor atá faoi láthair ar an saol agus ar ár gcúrsaí eacnamaíochta, gur dochar agus nach sochar a dhéanfaidh sé do réiteach fadhbanna an náisiúin,
agus go molann sí ina ionad sin go ndéanfar, d'fhonn eolas a sholáthar don phobal, coimisiún saineolaithe a bhunú chun an córas toghcháin atá ann faoi láthair á scrúdú agus a tuarascáil a thabhairt ina thaobh.— (An Teachta Seán Ua Coisdealbha.)
2. Go scriosfar gach focal i ndiaidh an fhocail "Go" agus go gcuirfear na focail seo ina n-ionad: ndiúltaíonn Dáil Éireann an Dara Léamh a thabhairt don Bhille de bhrí nach ndéanann sé foráil le haghaidh vótála de réir na hionadaíochta cionúire agus ar mhodh an aon-ghutha inaistrithe sna. Dáilcheantair aon-chomhalta.—(An Teacha Ó Blathmhaic.)
Debate resumed on the following amendments:—
1. To delete all words after the word "That" and substitute therefor the words:—
Dáil Éireann, believing that the abolition of the system of P.R.
1. will interfere with the legitimate rights of minorities,
2. is contrary to our democratic traditions,
3. is likely to lead to unrepresentative parliaments and to arrogant government,
4. will make more difficult the ending of Partition,
5. has not been demanded by public opinion, and,
6. therefore, in present world conditions and in our economic circumstances will impair rather than assist the solution of our national problems,
refuses to give a Second Reading to the Bill; and recommends instead that for the purpose of informing public opinion an expert commission be established to examine and report on the present electoral system.—(Deputy J.A. Costello.)
2. To delete all words after the word "That" and substitute therefor the words:—
Dáil Éireann declines to give a Second Reading to the Bill as it does not make provision in the proposed single member constituencies for voting on the system of P.R. by means of the single transferable vote.—(Deputy Blowick.)

The motion before the House is of the greatest importance. The proposal contained in the Bill is to alter the system of election of Deputies to Dáil Éireann. If that is passed, as it is likely to be in view of the large majority which the Government has, and, should it be ratified in the referendum which will follow, without question it will affect the lives of many generations to come.

The Bill proposes to alter a system that has been enshrined in our Constitution as the result of a decision taken, not 50 or 100 years ago, but just over 21 years ago, a system of election of representatives to the Dáil which, to my mind and to the minds of many people, is a valuable safeguard in returning Deputies to this House. The electorate could make the utmost of each vote and the preferences that went with it to the extent of indicating a preference for each candidate seeking election. By the intelligent use of the preference, a voter could ensure that the surplus votes, on the elimination of a candidate, would play an active part, if the first-choice candidate were not returned, in securing the election of the second-preference candidate.

Many Government speakers, including particularly the Minister for Defence, have said that is a ridiculous attitude, that it was tantamount to giving a number of votes to the people who voted for the lowest candidate. I suggest that there is nothing wrong in giving—as is given under P.R.—to an elector the right to say: "If my first choice to represent me cannot possibly be elected, then I would decide in favour of my second choice." I see nothing wrong in that. One might as well say that a housewife who decides to decorate a room and finds that the colour she chooses is not available cannot have a second choice of colour. Surely it cannot be said that, because for some reason her first choice was not available or could not be secured, she had no further right to a choice.

It is ridiculous to hear the Minister for Defence claim that, contrary to the Constitution, the electorate have more than one vote. It should be well known to anyone who knows anything about P.R. that under that system you have one vote and one vote only. Your twos, three, fours and fives are preferences of where you would like your vote to go should it not be used on the first choice you make. I suggest that P.R., as carried out in this country, is the fairest and best system yet put forward, and until a better system is put forward I believe it is essential for the people to continue electing Deputies in the manner to which they are accustomed and which has become a fundamental part of our Constitution.

During portion of his speech last week the Tánaiste thought fit to taunt some members of the Opposition with the suggestion that, because they engaged in long and exhaustive debate on the merits of this Bill, they were seeking by some underhand means to deprive the people of their right to vote on the principle contained in the Bill—in other words, that they were seeking to defer a referendum. The Tánaiste knows well that it is the duty of the Opposition to examine each Bill proposed by the Government, to debate that Bill and amend and improve it if possible. Opposition Deputies have every right—in fact, there is an obligation on us—to debate this or any other Bill affecting the people.

I wonder if there was any way of changing the principle of P.R. to a straight vote without holding a referendum, would the Tánaiste be so anxious that the matter be submitted to a referendum? The Tánaiste knows quite well—but many people may not be so aware—that there is no way of changing P.R. without a referendum, irrespective of what the Opposition or the Government may say. From the record of Fianna Fáil I have no doubt that, if there was such an alternative, we would have been told, as we have been told so often, that the Taoiseach knows what is best for the Irish people.

This Bill proposes to alter a fundamental of the Constitution. One would have thought that with such a proposal in mind the Government Party would have decided to have consultations with the Opposition groups. I cannot speak for any Party but my own, but I am quite sure that no such consultations were either proposed or held with the Labour group. The first knowledge any member of my Party had was when a certain national newspaper announced through its political correspondent that the matter was under consideration by the Cabinet. Following that, the Taoiseach made a short statement admitting the truth of the rumour. That was followed up by a discussion at the Fianna Fáil Árd Fheis at which, we were informed, the proposal that the Bill should go forward received unanimous approval. Deputy Norton has already paid tribute to the solidarity the Taoiseach received for that proposal.

To my mind, the method by which the Deputies on this side secured the news of such an important proposal was nothing short of contempt of the House. Perhaps the reason our opinions were not sought was because Fianna Fáil had made up their minds that, irrespective of whatever proposals were made by Labour or any other Opposition Party, they would go through with it. Matters of much less importance than the electoral system have been the subject of discussions between Parties. One would have expected that, before legislation dealing with such a fundamental was brought in, there would have been a proposal to set up a commission of experts, people versed in the knowledge of P.R. and other electoral systems, that such a commission would have been constituted and its advice sought. On such questions as emigration, the Seanad elections, licensing laws, education and language matters—to mention but a few—such commissions were established.

It is strange that on this fundamental issue no such proposals were made. If such a thing had been mooted I have no doubt that agreement could have been got on this side. It is quite true that no Government need be tied by such decisions, but at least we would have the advantage of a majority report and a minority report, with the facts for and against marshalled for consideration, both by the members of this House and the public in general, who, as we are told, will be the final judges.

I am aware that the case has been made that there was urgency and hurry because of the need for a revision of constituencies early next year. I suggest that that is not a reason but an excuse, because in the Constitution which makes provision for such revision, it is clearly stated that a revision of the constituencies must take place at least every 12 years. There was nothing to hinder the Government having such a revision of constituencies within the prescribed time, then instituting a commission to examine the proposals of this Bill, whether or not P.R. or the straight vote was the more advantageous in securing good government in this country, and, having secured the report, introducing the Bill in this House, which could possibly be an agreed measure. Even if it were opposed by the Opposition, by the same pressure of the majority of votes they hold, they could put the Bill through prior to the date when the life of this Parliament is to end. In that way, they would have the advantage of having the views and the opinions of experts, of having a debate on the politics and decisions of that commission and still be enabled to put their Bill through and have a referendum of the people within the prescribed lifetime of this House.

I suggest the reason that was not done was that if such a commission was established and should it happen that the majority report did not agree that P.R. should be abolished, the Government Party would feel that the electors might then refuse to accept the proposals at referendum time and throw out the proposals they would bring forward. I again suggest it is indicated that irrespective of a commission, irrespective of what anyone in this Dáil on the Opposition side might say, Fianna Fáil made up their minds that the straight vote is to come and come it will, and the only thing that can stop it, and thanks be to God for that, is that the people will have the final say.

Many of us awaited the speech of the Taoiseach with impatience last Wednesday. Many of us were anxious to know what type of argument he would be able to put forward that would be so convincing that it would allow the people to accept the argument in face of the continued praise which he has been expressing for P.R. over the past 20 to 25 years. The Taoiseach is well known to be able to put a very good face on a very bad case. He is well known as a highly skilled politician and I for one was expecting some particularly brilliant line that I and many others had not conceived. To my surprise and practically to my dismay, I failed to hear the Taoiseach make a single convincing point. He said that P.R. did not tend to stable government and said he hoped the straight vote would build up the Opposition to such a point where they would replace his own Party. He suggested that P.R. gave minority groups representation here. One would assume from that that each minority group securing the return of a number of Deputies on their behalf would automatically build up an Opposition. He suggested that his interest in establishing the straight vote was to do the very thing he had blamed P.R. for doing. I fail to understand that line of reasoning.

The Tánaiste followed with much the same proposals, except that he gave us a prophecy. He could foresee in the foreseeable future a Government comprised of Fianna Fáil Party members, with the Labour Party as the principal and, I think, the only Opposition, with—if I do not misquote him—Fine Gael fading out. That certainly is a change from the old story, even from the story Deputy Davern had to-day, that Fianna Fáil represent the workers, that Fianna Fáil get more workers' votes than the Labour Party get. I do not quarrel too much with that belief. I would say quite honestly that Fianna Fáil have fooled many workers over a long time.

It does not seem that that can be argued relevantly on this Bill.

I think I can assure you it is relevant.

He is dealing with the ideas expressed by the Taoiseach and the Tánaiste in relation to the capitalist Party and the Labour Party.

If you will listen to me for a moment, I will relate what I have said to my next remarks and to the Bill before the House.

I would suggest to the working class that that suggestion of the Minister for Industry and Commerce that we would have a Fianna Fáil Government with a Labour Opposition, and Fine Gael fading out, is nothing but an attempt to induce a sense of wishful thinking in the Labour voters so that they might follow that and vote for the referendum.

Whatever the intention was, it is now clear that the Minister for Industry and Commerce, possibly induced by the fact that he envisages this Bill going through, and being passed by the people, and Fianna Fáil being returned to power, is now clearly coming out to say: "We will be the Government and represent the capitalists or employing classes and the Labour Party can represent the workers." That is not a position from which I would be at all averse, but I realise the Minister did not make any such suggestion with Labour interests in view.

I also believe it is right and proper that the Minister should admit that his Party no longer claim that they represent the Irish workers. He knows quite well that should he, by that statement of his, induce the Irish workers to vote for the referendum, it is quite probable that not a single Labour Deputy would appear in this House after the general election following, and after a period of even five years, he hopes, I suggest, that its effect on our organisation would be such that it would be very difficult, if not well-nigh impossible, for us to secure representation here again.

I suggest to the organised trade unionists of this country and, in particular, to trade union leaders, that it will be a sorry day for the workers of this country, if they allow a Party to establish a scheme that will set up a dictatorship in this House, and will lead to an Opposition of so small a number that it will be a mockery of the word "Opposition". I suggest that if the straight vote is introduced at the next election, no longer can trade unionists, through parliamentary pressure, exercised by members of the Labour Party, hope to secure compensation for increased cost of living, or hope to fight any attempt that might be made to introduce anti-strike legislation in this House.

The Taoiseach suggested the present system of voting led to such a multiplicity of Parties in Dáil Éireann that it affected the life and the stability of the Dáil. Since the Fianna Fáil Party came into power, just over 25 years have passed. Should each Dáil have continued for its full period in office under the Constitution, there would have been just five Dáil between 1932 and the present day. Those who take the trouble of counting the number of Parliaments since 1932 to the present will find that we have had ten elections, that is, five more than the normal, if the full period of time had elapsed between elections. I suggest also, that if the student examines the records, he will find that in five of these elections, the then Government went out without being defeated in this House. They went out of their own free will and there was no need for an election, if the Government had desired to continue in office.

It was said, and perhaps rightly, by the Taoiseach, that they did go out, but they had to go out because they could not be dependent on a minority support. They wanted the legislation they introduced to be their own legislation and not that dictated by a minority, and that was why they held the five extra general elections. Well, what if they did? What was wrong with having five extra general elections and what is wrong with continuing that process? Would it not be better for this country that a Government, finding themselves unable to govern for one reason or another, should submit its case to the people and let the people decide whether they had a good case and whether they ought to be returned with greater or lesser numbers? Is that not preferable to the suggestion now before us, that when a Government get in, they must get in with such a majority that over the five years to come, irrespective of what they do, the people will have no opportunity of showing their disapproval of them. Once they get in, they are there for all time.

Does the Deputy consider by-elections at all in this connection?

By-elections are incidentals. They are more or less an act of God. It is very rarely we have a by-election as a result of a Deputy deliberately resigning his seat. During my time here, I remember only two— ex-Deputy Dwyer of Cork and ex-Deputy Frank MacDermot. They are the only two I remember.

Ex-Deputy John Murphy.

And ex-Deputy John Murphy of recent years. As I say, all others are acts of God and a by-election may or may not occur. If one does not occur, the public have no opportunity of expressing their view, and, as the Minister for Education knows very well, a by-election can be held in a particular constituency and the result will not be at all a reflection of the general feeling of the people. It can be taken only as an indication and nothing else.

This Bill, I suggest, and it is admitted, I think, by the Government side, deprives minority Parties or groups of their rights of representation here in this House.

I think the Bill is deliberately brought in to deprive minority groups of their rights. I would suggest to any ordinary person, if he wants to find out what will be the effects of this Bill, that the easy way to do it is to take as an example his own constituency with which he is familiar and the representatives he is acquainted with.

Compare the two systems. Automatically, I think of my own constituency in Waterford. In that constituency, at the general election last year and over the past number of years, approximately 35,000 people voted. Of that number, Fianna Fáil secured between 16,000 and 18,000 votes; Fine Gael got between 10,000 and 12,000; and the Labour Party got from 6,000 to 8,000. Fianna Fáil, with just half, or slightly over half, secured two Deputies, or 50 per cent. of the representation. Fine Gael with roughly about 33 per cent. secured only one. They had not sufficient to secure the second, and the Labour Party, with about 25 per cent. of the votes, also secured representation. That is as reasonable and fair a method of electing representatives of the people as anyone could think of.

Should you change that method, I have no doubt that, with careful selection of the constituencies, it is quite on the cards that Fianna Fáil would turn that into a 100 per cent. success.

That is nonsense and the Deputy knows it.

I have no doubt about it in my own mind, but I hope I am wrong. The Bill, it is admitted, is a Bill to introduce a new system to take from smaller groups their representation and to turn it to the larger Parties. I think there is no argument on that, but I suggest that it is contrary to democracy, as we know it in this country.

The Minister for External Affairs, on last Thursday, took Deputy Norton to task for mentioning the effect which the Bill would have on religious groups, without indicating what religions they were. He spoke as if Deputy Norton had sought to introduce into the debate a subject that should not be ventilated in any way. He indicated that people of a different religious persuasion from that of the majority in the country could go into any of the Parties in this House.

That is quite so, but, equally so, people of any persuasion, political, religious or vocational, have a perfect right to band themselves together for the advancement of their religious beliefs, their political convictions or of their vocational life such as farming, labour or any other avocation. What is wrong with that right of people to be represented here in this House and, through the medium of their Dáil Deputy, to endeavour to persuade the other representatives of the people of the justice of their case? I would suggest that, if you fail to give the people this right, you cannot stop them from uniting into bodies and forming organisations of that kind. If you do stop them from coming here by constitutional means, are you not giving them the excuse to say: "What we cannot get constitutionally, we will have to get some other way"?

I suggest that it is a bad day's work to deprive any small Party, be it Labour, Clann na Poblachta, Sinn Féin or any other Party, who feel they have a right to send representatives here, of the right to do so. I would have felt that the Government would have been well advised to extend and widen the Constitution, to encourage minority groups to seek representation through our national Assembly. It is foolish to suggest, as the Minister suggested, that this measure can have no effect on Partition or that, should ever the happy day come when the people of the North will unite with the people of the South, the people of the North will not consider that their minority and sectional interests would be lost sight of under the system of voting here.

There is a saying that the poacher makes the best gamekeeper. If there is any truth in all the stories we have heard of the gerrymandering in the North to keep the Catholic minority out of power, it is quite reasonable to expect the thought to enter their heads, if they ever unite with the Southern Parliament with the same system of voting, that the same game as they have played would then be played against them. I do not think that is a thought which would encourage anyone on the other side of the Border to look with any great favour on the question of unity. They would need to have assurance that each group, irrespective of class, creed or colour, would have its interests represented in the National Parliament.

It may well be said that these things are not likely to happen, but, without mentioning the name in this House of the Parliament concerned, because every country has a perfect right to do things on its own, I should like to refer Deputies to the results of recent elections which were broadcast by the B.B.C. and Radio Éireann. These results were proof of the methods by which certain people received large representation in these elections and other groups, with ten times as many votes, were reduced by practically 90 per cent.

Does the Deputy deplore the wiping out of a certain Party in a certain country?

I deplore the wiping out of any Party by unfair methods, and particularly I deplore these same methods being used against the Socialist Party.

That is not the Party which has been reduced to ten seats but one of a different colour.

I know that the Minister would like me to take another Party under my wing. I shall make the Minister's mind easy. I am not now, never have been and do not intend to be a member of the Communist Party.

We shall leave that to the Minister for External Affairs.

I would never have expected it.

It would look well in print to-morrow.

It is like the kind of thing the Deputy would say in order to get into print.

Anything I have to say is because of mud thrown at me from across the House or from the boys who trot in out of the bar.

Deputy T. Lynch will not say it at the moment. Deputy Kyne should be allowed to speak without interruption.

I could not agree with the suggestion by the Minister for External Affairs last Thursday that there is no need for a Farmers' Party in this country, that the farmers in the Fianna Fáil Party would look after the interests of all the farmers and presumably, although he did not say it because Deputy Lemass had said it, that there was no need for a Workers' Party. Deputy Davern said to-day that Fianna Fáil would look out for the farmers and the labourers. There is a slight difference. The idea was that all the people would be looked after, that there was no need for any Opposition, that his Party would deal with all that. It is a point of view.

The farmers of this country, having watched the vote on the motion introduced on the wheat levy—I think, by the Fine Gael Party—would be very silly to pin all their faith on the Fianna Fáil Party.

Not one of them spoke.

The national teachers would be very foolish to pin all their faith on the national teachers in Fianna Fáil if they think of the teachers' strike. I shall grant to Fianna Fáil that the Party has complete control over its Deputies. Even Deputy Corry, who is inclined to kick over the traces, can very well be controlled when it comes to going into the division lobby. Therefore, I do not agree with the suggestion that there is no need for the small groups. However, whether or not I agree, it is very strange to suggest that there is no need for vocational groups such as farmers, labourers and others in this House when the whole system of election to the revised Seanad, a system introduced by the present Taoiseach to replace the old one, is based completely on vocational representation and election under P.R. Why different treatment for the Dáil as compared with the Seanad? We both deal with the legislation of the country. For the life of me, I cannot see why in one House of Parliament we have vocational representation, elected by P.R., and that for this House it is suggested we should not have that vocational representation, that there is no need for it and that we should have a straight vote.

I think it was an ex-leader of the Labour Party, ex-Senator T. J. O'Connell, who wrote lately in one of the evening papers asking why it was, even if we had to have single-seat constituencies, the man to represent the people of a constituency of, say, 20,000 people could not be elected on the single transferable vote. He instanced how a man securing 26 per cent. of the total votes—say, 26 out of 100 votes as against the 74 secured by the other groups—had to be elected. Either Mr. O'Connell is being very cute and is writing to the paper only to draw attention to the matter or else he is being very foolish. Obviously, there is a reason for it. If you had a transferable vote it would mean that Fianna Fáil could lose the seat and then what was the object of bringing in the Bill at all——

The very thing.

——and you might as well have left it the way it was. Therefore, I feel that Mr. O'Connell must be very innocent or else—as I really believe—very intelligent in drawing the people's attention to that fact.

The suggestion has been made that criss-cross voting—No. 1, Labour; No. 2, Clann na Poblachta; No. 3, Fine Gael; No. 4, Farmers, or vice versa or any way around—has something fundamentally wrong with it. The Minister for Defence gave a long dissertation to-day on how stupid, unreal and unfair it is. I think it is quite a good thing that the process of picking your own Party and the Party next less disagreeable to you, if not the next most favourable, should be in existence as in that way you get some co-operation and agreement. That is particularly so if you intend to form a Government such as the inter-Party Government or, as Fianna Fáil prefer to call it, the Coalition Government.

I see nothing wrong with both the farmers and the labourers of this country having to sit down in a Cabinet and either side being able to achieve exactly what is best for them or being able to hammer out an agreed solution or going as far on the road as they possibly can by co-operating with and helping one another. There is nothing wrong in any number of Parties, be they ever so opposite in their views, finding a common factor that can bring them to some measure of prosperity higher than that which they had at the moment they made that agreement.

It was on that basis that the inter-Party Government were proceeding and would have continued to proceed were it not for certain factors which brought about dissolution on two occasions—(1) the Health Bill and (2) the fact that certain measures taken by the inter-Party Government resulted in severe unemployment and that a certain group, which had been supporting the Government, indicated that they were withdrawing their support, which they had a perfect right to do if they wanted to. Were it not for these two factors, I believe we could have continued in Government, weathered the storm and done as good a job as, if not a much better job than, the present Government are doing with 60,000 persons emigrating each year for the past two years.

A point with which I had intended to deal was the suggestion that P.R. was forced on this country by England. Deputy Mulcahy dealt with that effectively to-day. He quoted the words of the present Taoiseach when he was President of the first Dáil, speaking in May, 1921, when, without reservation, he indicated that he stood behind the principles of the 1916 Proclamation and included in his remarks P.R. or sectional representation in the Parliament of the country, the ideal Parliament that followed from that. I do not think any words of mine could add to what Deputy Mulcahy said to-day or to the quotation given.

The Constitution of 1921 was arrived at by many of the 1916 Leaders. It is true that certain groups had broken away to the Cumann na nGaedheal people of 1922 comprised, in the main, of many prominent people of the 1916 Proclamation standard and that they saw fit to incorporate in the first Constitution the system of election by P.R. Furthermore, after 15 years' experience of P.R., the Taoiseach in 1937 decided to include the same system of election in the Constitution.

It is very strange that it was only when the smaller Parties combined in 1948 to put up an opposition Government to the Government which had been in existence for 16 years that this sudden distaste for the system of P.R. developed. It is true we had rumblings at various times, but at no time was any definite promise given by Fianna Fáil: "If we are re-elected, we will take steps to abolish P.R." It is only since 1948 they have found out there was an alternative and now they know that any time the people want an alternative Government, it can always be got.

The Minister for Defence stated to-day that there were 22 different Parties, including Independents, splinter groups or minority groups as he called them, contesting elections from 1948. Having repeated many of them by different names, such as Aiseirghe and Clann na Poblachta, which I believe are practically the same group, giving National Labour and the Labour Party as two separate groups, Farmers and Independent Farmers, and various others, he succeeded in giving us 22 different groups, all with different shades of opinion. But he did not mention that without abolishing P.R., without any action of the Government in relation to a straight vote, the public, in their wisdom, succeeded in whittling down those 22 different groups, some of which exist in the present House. The public are very wise. You can form splinter groups; you can form any kind of association and call it what you will; but when you contest an election, you do not come back here, unless you have something to offer.

It was slightly unworthy of the Minister for Defence to cast doubts on the integrity of returning officers in the counting of votes under P.R. The impression he gave me was that he tried to imply that there was something dishonest about the election of candidates under P.R. I do not think that is so. He may disagree with the principle of the election under the system, but it is not fair to suggest there was anything dishonest in this set of rules. Whether they were good or bad, they were the same for all Parties, and I am convinced that the interpretation of how the people voted followed exactly on the way the ballot papers were marked and the results achieved from that were the exact results issued, subject all the time, to the human element and the error that can be made in a count, by either a counter or a scrutineer. I feel sure that the Minister for Defence, if he reads his words in the Official Report, will agree with me that his remarks could be misconstrued in a manner he would not like or with which I certainly would not like to be associated.

In connection with the commission which it is proposed to set up under this Bill to draw the boundaries of the constituencies—one might call it the boundary commission—it is proposed to have a judge appointed by the President, to have three representatives from the Government side appointed by the Taoiseach and three from the Opposition appointed by the Ceann Comhairle. In the event of disagreement between the members of that commission and their not being able to arrive at a decision, the chairman is then empowered and obliged to draw the boundaries himself and any decision come to cannot, I understand, be upset even by the courts of law.

I can see a commission drawn from all Parties in this House coming to agreement on many matters but I should be inclined to think that on the vital matter of boundaries, it is practically a 100 to one bet that there will be disagreement, which will leave it to one man to decide. Because no one has yet been appointed, I can, without any personal reflection on any judge, suggest that it would be very hard to appoint any judge who will be so detached from the political affairs of this nation as to be a Solomon when it comes to exercising this function.

The judges are as good politicians as anybody else.

The Deputy should not reflect on the judiciary.

We are paying them a compliment.

I do not know which Deputy's remarks the Chair is commenting on. If the Chair is referring to mine, may I say that a judge is as human as any other person, in spite of the high office he holds, and that it is no crime to have political prejudices?

And being human, can yield to temptation.

Do not moralise.

Do not draw us on that subject.

In conclusion, I would appeal to Deputies to fight this Bill with all the energy of which they are capable. Should we be defeated, as we probably will, let us carry that fight to the people and explain to them the danger inherent in this measure, the very real danger of an endeavour being made to set up a dictatorship.

Before Deputy Kyne leaves the House, as he may in a short time, I should like just to correct any misapprehension he may have as to what the Minister for Defence actually said here this evening when he was dealing with the function of returning officers in connection with the transfer of votes. I was listening to the Minister's speech this afternoon when he was dealing with that point. He made the point that the Third Schedule of the Electoral Act, 1923, imposes upon returning officers the obligation of selecting, at a certain stage of the count, votes by lot, so to speak. It was that system he was criticising and not the function of returning officers in implementing it. Returning officers have no alternative and I am sure that, if the Deputy reads that part of the Minister's speech, he will find that the Minister made no attempt to cast any reflection whatever on returning officers or on their manner of carrying out their functions.

I heard what the Minister said. We shall both read the speech.

If there has been any common theme running through the Second Reading debate on this Bill— and not only through the Second Reading debate but also through the unprecedented First Reading debate— it is the allegation of arrogance and dictatorship on the part of the Government in introducing this measure. What savours less of arrogance than that the duly elected Government, within the Rules of Order of this House, within the provisions of law, and within the provisions of the Constitution should introduce a measure such as this and, having passed it, as it will be passed, should then submit it by way of referendum to the people finally to decide the issue? Where is the arrogance and where is the dictatorship in that particular exercise?

We have been accused by Deputy Costello, particularly in his speech on the First Reading, of throwing the country into bitter controversy. We were accused by Deputy Norton on Wednesday last of causing division amongst the people. When Fianna Fáil decided to introduce this measure they hoped it would be discussed in an objective and reasoned manner. We do not want any bitter controversy either inside or outside the Dáil. We do not want any controversy between Parties in their approach to this measure. All we want is an objective debate and, when the issue ultimately reaches the people, we want a calm and reasoned approach to it. If there has been any controversial matter raised in the course of the debate, then the Opposition will have to bear their fair share of the responsibility.

Consider, for example, the incomprehensible criticism of the judiciary by Deputy Costello and the jeering and gibing at the Taoiseach on the part of Deputy Norton. Such conduct is not conducive to reasoned debate. It is not conducive to the reasoned debate that not only the political Parties but the country in general would desire on an issue such as this.

I should like to deal now with some of the points made by Deputy Costello. At one stage he sought to give reasons why the straight vote in Britain and the United States operates well. He said of Britain that it operated satisfactorily because the people had a long tradition of a political character behind them. He claims, in other words, that the people of Britain, because of their experience in the satisfactory operation of the straight vote system, can be relied upon to operate the vote in a responsible and satisfactory manner; but that Irish people cannot be expected to do so at this particular stage of their political development. The United States of America has got a straight vote system, and Deputy Costello used the United States as an illustration for his argument. He said at column 1019 of Volume 171 of the Official Report that the Founding Fathers foresaw the dangers in the full, logical operation of democracy and "they put their checks and balances in a most scientific and farsighted way into that Constitution exactly to ease any revolutionary situation that might come about by the over-logical workings of democracy."

In taking that as an example, does he assert—apparently he does—that at this stage of our political maturity it is beyond our wit and beyond our wisdom to foresee such dangers, such revolutionary changes as might come about by the logical and, indeed, I might add, the often unreliable results of the P.R. system; and, having seen them, that we should not take adequate steps to change the system with all its inherent weaknesses—to use the words of Deputy Dillon, "this fraud and cod that ought to be abolished"?

Is there any nation in the world to-day with such a variety and such a diversity of heritages—a nation in which Greeks and Turks, Italians and Africans, Orientals and Occidentals, and even Irishmen and Englishmen, can work side by side in complete harmony—is there any nation in which this system of election has achieved the political and economic status that the United States of America has achieved? The United States stands to-day as a bulwark of freedom, a bulwark against the kind of totalitarianism to which the P.R. system has led in so many European countries.

Cod. Utter cod.

I shall come to the cod in a few minutes.

(Interruptions.)

Order! The Minister for Education must be allowed to make his speech.

It was suggested here last week, and again to-day, that the statements made on this side of the House that the P.R. system was a British system were wrong. Deputy Costello claimed that it was because Arthur Griffith wrote favourably of it in 1909 that it was ultimately adopted by the Irish people and consequently by the British as a system of election for Ireland. Arthur Griffith was a man of great mental capacity, but I suggest that, in 1909, he was a man of some political immaturity. Certainly, he was a man of political immaturity so far as assessing the merits of respective electoral systems went. I believe, and, in fact, history can prove, that the British did not introduce P.R. in Ireland because Arthur Griffith or anybody else was wedded to the idea. They introduced it simply to defeat the national unity that had been attained in 1918, when Sinn Féin won a sweeping victory in the straight vote election.

To go back a little, the British, it might be remembered, set up a commission in 1910 to inquire whether the P.R. system should be introduced into their own country, a commission which in 1911 reported and roundly rejected it and on no fewer than three occasions in that same decade, the British Parliament rejected P.R. as a system of election and each time by an increased majority.

Following the Sinn Féin victory in 1918, the British Attorney General, Mr. Samuels, introduced the Bill which proposed P.R. for Ireland in respect of local elections. It is clear from his introductory remarks that the intention of the Bill was, not to safeguard minorities, but to destroy the national unity achieved by Sinn Féin and, in fact, to destroy Sinn Féin itself. As Deputy Dillon said, it was tried out on the dog. It was tried out on the dog in this case in order to prevent him from barking.

The Minister for External Affairs quoted excerpts from that debate when he was speaking here last week and, notwithstanding these quotations, the assertions are still made that the British did not impose the P.R. system in this country with any ulterior motive. I might quote again, and more fully than the Minister for External Affairs did, from Volume 114, columns 175 to 176 of Hansard. Mr. Samuels stated:

"At the general election, on the parliamentary franchise..."

that was the General Election of 1918—

"...75 per cent. of the representation has gone over to the Sinn Féin Party. What is the declared object of that Party? It is to make local government in Ireland absolutely impossible and to break down British reign and rule in Ireland by capturing local bodies...."

Major O'Neill asked a question:

"Is it not the fact that the Right Honourable Gentleman never mentioned this question of the Sinn Féiners in his speech moving the Second Reading of this Bill? May we take it that that was the real reason why this Bill has been introduced?

Mr. Samuels: I did not mention the words ‘Sinn Féiners,' but I thought everybody understood from me that, owing to the impulse of certain political feeling in Ireland, the position the Government had to face was a serious one, and I pointed out it was a matter affecting not merely local and civic administration, but State administration also.... Who are you going to trust the administration of these things to? Are you going to trust them to bodies elected on the present franchise and under the present machinery—bodies which have been absolutely captured by people who call the rest of the United Kingdom ‘the enemy,' and whose object is to break down the rule of the ‘enemy' and make the whole administration in Ireland impossible?"

Is it not clear from that that the P.R. system was introduced deliberately and, in the words of the man who introduced the Bill, in order to break down Sinn Féin and restore the British influence over, not only local authorities, but ultimately of the central authority in Ireland? In fact, it came ultimately in the Government of Ireland Act, 1920, when P.R. was applied for general election purposes in the country.

The fact remains, however, that P.R. was introduced and has operated since then in this country. It must be remembered—many Deputies have adverted to it—that there followed, soon after the imposition of P.R., the civil war, which divided the country and, for political purposes, subsequently, for the next 20 years or so, continued to divide the country and, largely, if not, mainly, for that reason, P.R. operated reasonably satisfactorily since then. The memories of the civil war are passing, and, as they pass, there is every danger that a multiplicity of small Parties is likely to spring up in this country.

This is the final blow against the nation.

I do not know what the Deputy is referring to.

Start with the civil war.

I am just tracing the history of P.R. as objectively as I can. I do not think anybody will deny that the Treaty split the country and that it was on that basis that Fianna Fáil achieved power and largely maintained power ever since.

Was it the Treaty or the Taoiseach?

Was it the nonacceptance of the Treaty?

The Taoiseach started it and is keeping it on until this day.

This objective speech is not very objective.

We have had the system of P.R. and, again to quote Deputy Dillon, this evil, this brainchild of all the cranks of creation, has been in operation here since then up to 1947, when Deputy Dillon used these words, and ever since. I mentioned that the tendency would be for small Parties to multiply. Already, in the lifetime of this Dáil, we have seen the advent of new Parties in this House.

What harm is that?

I will try to demonstrate later what I mean and what the harm is.

The people have no right to go wrong.

Deputies have no right to interrupt.

Neither have the people outside.

We could find a situation developing, if that continues, in which there will be a multiplicity of minority Parties that might well lead, through bargaining or, as Deputy Norton would have it, through making a deal, to minority Parties forming what might be termed as nothing else but a minority Government, a Government composed of minority interests.

Does the Minister remember the deal in 1951 with ex-Deputy Cogan and the rest of them?

The Minister must be allowed to speak without interruption.

These minority groupings are generally achieved, as we know well in this country, by the throwing overboard of principles, the abandonment of programmes or, as Clann na Poblachta would have it, by the putting into abeyance of programmes.

Where is your programme on employment now?

The "busted flush" in 1951—do you remember that?

It was the abandonment of principles in order to secure power that led to many of the disasters we know in modern Europe. It was the development of such a situation as Deputy Booth so ably demonstrated here the other day that led to the Hitler régime in Germany and the Mussolini dictatorship in Italy.

I should like to see it demonstrated how P.R. caused that.

The Chair would like to hear the Minister without interruption.

Would the Minister say if theirs was the same kind of P.R. as here?

It was P.R. of a kind.

P.R. led, and has been accepted as having led, to the multiplicity of Parties, both in Germany and in Italy. The multiplicity of Parties ultimately deserted the centre Party in Germany, refused to support them against the Nazis and the Communists and, ultimately, Hitler achieved power. A similar situation developed in Italy. In France, since I have been asked, they had a P.R. system, the Party list or combined Party list system, and that system also led to a multiplicity of Parties, but they were able to combine——

It is not the same P.R. system as is here.

After elections, they were able to combine amongst them selves, and use their power within Government, either to refuse to carry out the wishes of Government or, ultimately, to break up the Government, as happened so often during the past seven years or so in France. The French people found themselves prisoners of their own institutions. The Prime Minister was unable to declare a general election, without the consent of the President. The situation that was developing in France was not dissimilar——

On a point of order, is it fair for the Minister for Education to try to compare the P.R. system that did exist in France with ours? It has no relevance whatever to our present situation.

Everybody knows it has not. It is a different system.

The Deputy seems to be afraid to listen to the Minister.

You were elected for five years——

Listen to the Minister.

Would the Minister for External Affairs himself keep quiet and concentrate on Red China?

The Minister for Education.

The system of P.R. that operated in France led up to the recent coup by the military. That coup was brought about by the strangulation of the people's ability to put their political will into effect and, were it not for the presence of a man of the calibre of General de Gaulle, there is no knowing what condition France might now have found herself in, and there is every possibility that a situation such as that which developed pre-war in Germany and in Italy might have developed in France. The fact is that the Prime Minister had not the power to prevent the splinter groups frustrating the will of Parliament, nor had the Government power to dissolve Parliament.

That was not due to the P.R. system.

It was due to the system in that the necessity for the dissolution of Parliament was caused by the multiplicity of Parties, brought about by the P.R. system.

By a different system.

There is no difference.

They are as different as day and night.

The operation of that system led up to the military coup.

The Minister is admitting that he wishes to abolish opposition political Parties in this country.

Acting-Chairman

The Deputy will have an opportunity of speaking later on.

The function of the Prime Minister to dissolve Parliament was something we placed in our Constitution in 1937, and was one of the safeguards against the weakness of the P.R. system. That was a principle and that was a duty abrogated by Deputy J.A. Costello, when he was Taoiseach in 1948, when he declared, and undertook to his colleagues of other Parties, by way of bargaining, or making a deal, as Deputy Norton said, to stay in Government and to abrogate his function of dissolving the Dáil whenever he saw fit to do so for a period of 18 months.

Any Government with a majority is entitled to stay in office.

P.R. was the system in operation in all these countries. Deputy Costello asserted that there were defects in the present system. He said that several times, but in this regard he was much more temperate than his colleague, Deputy Dillon, on the last occasion a measure such as this was before the House, when he referred to it as "the obvious fraud that it had become."

Dealing further with what Deputy J.A. Costello had to say, I note that his motion provides for the setting up of a commission to examine and report on the present electoral system, but, apart from these references to the defects of the P.R. system, he made no attempt to illustrate or expand further on what form this commission was to take. He did, however, refer in some detail to the commission on constituencies which it is proposed to set up under this Bill. At the outset of his remarks in that regard, he made reference to the function of the President in, having consulted the Council of State, appointing a chairman from amongst the judges of the High and Supreme Courts.

In his remarks in that respect, he attacked the integrity of the President —whoever he may be at the time being—and that was something I did not expect to hear from a former Taoiseach and Leader of the Opposition. What was even more incomprehensible to me was the manner in which he offered a gratuitous insult to the judges of the High and Supreme Courts, in referring to them, or rather identifying them, with the remarks of the late Kevin O'Higgins as being "lick-spittles of political Parties."

That was his own phrase. He did not borrow that.

The late Kevin O'Higgins's phrase was "Legal Careerists".

Then Deputy Costello's phrase was his own.

What was wrong with that?

The "lick-spittles of political Parties"? If we combine the function of the appointing of judges of the Supreme and High Court with the function of practising before these selfsame courts, there is no man in Ireland, or Britain, who has more experience than Deputy John A. Costello and, for that reason, it is all the more incomprehensible to me and, in fact, it is disgusting that he should address and criticise the judges in that fashion. In the first place, does he wish that judges should not have any association with political Parties before they are appointed to the Bench? Is it not a fact that the one judge who now operates, who was a member of the Oireachtas before he was appointed a judge, was a member of the Fine Gael Party and a Fine Gael Senator? I do not think he was any less worthy of becoming a judge because of that. I think that his interest in politics would have broadened his outlook.

I know there were a few disgraceful Fianna Fáil judges.

Who is the man the Minister has in mind?

Mr. Justice Lavery. He was a member of the Oireachtas.

He was not appointed because he was a member of the Oireachtas.

I am not suggesting that, but he was a Fine Gael Attorney-General.

Surely the Minister is not attempting to challenge the competence of Mr. Justice Lavery?

On the contrary. I had some other judges of the High Court in mind——

If you will go through them, it might be of assistance.

We might help you with the names.

Are you referring to the late Mr. Justice O'Byrne?

The man wasted away very shortly, after his conduct.

Including Mr. Justice Lavery the majority——

He withered away and the other two have not raised their heads since.

He put the Deputy in his place.

The Deputy would need somebody to put him in his place.

Acting-Chairman

I do not want to intervene unduly but I do think the Minister might leave out the names of the judges.

By all means. I was asked the name of one judge and I gave it. I am referring to the insult offered to members of the Bench——

The Minister knows well that it was not an insult to the judiciary as a whole. As the Minister knows there is a difference between a judge exercising his judicial powers and one appointed as chairman of a commission.

Acting-Chairman

Deputy Lindsay must not continue his interruptions.

I shall tell the Chair what I will do; I shall leave the House.

We shall make more progress now.

I do not blame Deputy Lindsay for leaving because this is tripe.

Perhaps Deputy Flanagan would like to follow?

No, I am going to make a speech.

Why should I not defend the duly appointed members of our Supreme and High Courts, men who have not the opportunity of answering charges made in this House?

The Minister will not be able to stand over the judges that Fianna Fáil rubber-stamped.

I should hate to have to stand over the statement of Deputy Costello at column 1030 of the Official Reports where in a reference to the appointment of a judge he said:—

"...who is what the late Kevin O'Higgins would have called a legal careerist, who got his job on the bench because he was the lick-spittle of a political Party."

As I have said with regard to the commission itself, it has been stated by two of my colleagues that Fianna Fáil are not wedded to the commission as it is proposed to set it up under the Bill. If after reasoned argument a better proposition as to how the commission should be composed emanates from the House there will be no opposition from this side to establishing such a commission, if the House sees fit.

Deputy Kyne again raised the old bogey of gerrymandering. The commission is designed, as I have already said, to prevent any suggestion of gerrymandering but I think it is reasonably accepted—Deputy Costello certainly accepts it—that it would be wellnigh impossible in all circumstances to gerrymander any constituency. He took Kerry as an example and said that, having regard to the homogeneity of the population, the distribution of the population, it was such that it could not be gerrymandered to the advantage of any political Party.

To leave Deputy Costello for the moment I shall return to Deputy Norton. When he was not trying to ridicule the Taoiseach he made, on a number of occasions during his speech, rather brash observations that in my opinion could hardly stand up to examination. For example, he said that only three European countries had the same electoral system as that which operated in Britain and these were France, Spain and Portugal. I do not know why he alleges that France has the same system as Britain inasmuch as he should know, and I am sure he did know, that they had a proportional and combined Party system. I think we can dismiss France as being similar in any way to Britain.

In Spain and Portugal, as in Russia, the voters are handed a list which has the names only of members of one Party and they are asked to say "yes" or "no". I would ask Deputy Norton is that the system that operates in Britain? Is that the straight vote system? In Spain they have not had that opportunity since the 1930s. General Franco denies that opportunity to his people and appoints his own Government as the need and occasion arise. I would again ask Deputy Norton is that the same system as that which operates in Britain?

Deputy Norton quoted at length from an article written by Dr. O'Rahilly, now Fr. Alfred O'Rahilly in an issue of the Standard for January, 1948. During the course of his quotations he held him up as an impartial observer from Deputy Norton's point of view. I doubt that very much. Dr. Alfred O'Rahilly, President of University College, Cork, as he was then, vigorously opposed Fianna Fáil in the 1948 election, as he was clearly entitled to do. In the course of his reference to Fianna Fáil in the issue of the Standard to which I referred, he speaks of the Party system. I quote from Deputy Norton's speech at column 1074 of the debates of last Wednesday:—

"A Party, no matter how big, is a machine at the disposal of a small clique. No wonder that it is difficult to find independent educated men to submit to the degrading inhibitions of this Party system which we have imported from England. It seems to me simply ludicrous to hold up this caucus machinery, with its faked unanimity, as the sole possible ideal of democratic government."

I wonder does this mean that Deputy Norton does not agree with the Party system? I am sure he does since he is Leader of a Party in this House. I might say that for my part when I first came into politics, and before I was politically mature, I did not think very much about the Party system. If I did think about it at all, I thought it was undesirable until I became a member of a Party. Then, having listened to and partaken in debates in the course of Party business, I discovered and I satisfied myself that it was a furtherance of democracy —men representing all walks of life, having the same fundamental objectives and ideals coming together and discussing either legislation or plans to apply to the administration of the country, giving their views and ultimately agreeing on a common line of approach, and introducing that line of approach as a solid Party in the Parliament of the country. I think that is the furtherance of democracy, not as Dr. Alfred O'Rahilly then described it "faked unanimity". People will have confidence in the Party system, somehow, if they see that the Party stands for defined principles, programmes and objectives outlined in advance of the elections and not as we have found here advocated after elections and then thrown overboard or "put into abeyance", a phrase with which we became so familiar during the period 1948-1951.

Deputy Norton, I believe, is wedded to that Party system but what he is not wedded to, as far as one can see, is the policy of openly declaring before elections his intentions as to whether he proposes to abandon some of his Party principles and submerge them in favour of others with whom he wants to coalesce after an election. If the people could not trust the Party system as we know it, if there was an abandonment of principles and a making of deals to which Deputy Norton refers after elections, the people would soon tire of the Party system and if the public tired of the Party system I believe it would be the end of democracy here as we know it.

Deputy Costello referred to the need for an effective Opposition. I believe the most effective Opposition could be secured by the straight voting system and that the Opposition under that has a high degree of responsibility because it must realise that even a small change of will by the people could put it into Government after the following election. If, on the other hand, we had multiple or small Parties, even small Parties all combining in opposition against one big Party in Government, and if the people decided to change, they would not know where to go or what Party to support, whereas, an intelligent and reasonably unified Opposition would offer an immediate alternative to them.

Regarding defects in the P.R. system to which Deputy Costello referred it is worth quoting again from what he said at column 1071 of the Official Report:—

"I have always had a conviction that there are defects, perhaps serious defects, in the rules governing the operation of elections under that system."

In contrast to that, it is worth referring to what Deputy Norton said at column 1076 in the same Volume:—

"What is the purpose of abolishing the whole system of P.R. merely because it is now believed—I do not believe it; I am not satisfied that it is generally believed—that there are imperfections in the system?"

I agree with Deputy Costello in that respect and I should like to indicate to Deputy Norton that there are serious defects in P.R., defects that nobody can defend. The rules governing the counting of votes after a general election are set out in the Third Schedule to the Electoral Act of 1923. I do not know what mathematical or legal mind conceived these rules but, to the ordinary mind, they are frustratingly incomprehensible without, perhaps, a thorough practical demonstration of a count in operation.

I do not pretend that I know to any great extent the details of that operation. Since I first came into public life, and in the four general elections I have contested, I have endeavoured so far as observation and reading of the rules could help to understand how surpluses were distributed. Unfortunately, the precautions necessarily taken by returning officers in placing barriers at a certain distance from where the votes are counted and the fact that at another stage there are calculators at work at a still greater distance away at the top of the room, prevent the average person knowing what really takes places at an election count. After the distribution of a surplus I have seen certain stamping of voting papers taking place. I think they are stamped with a number to indicate in what count these papers were used. After that stamping, the calculators did some work on certain figures and ultimately announced a result that to the ordinary observer it was impossible to understand. To understand it properly would require exhaustive practical demonstration and it would not be practicable for me even to attempt in a speech like this to give my impressions of what takes place.

I shall take just one small example. After candidate AB has been elected with a surplus, if CD is elected with a surplus also, with the aid of certain votes from AB, the papers credited to CD are picked off at random from the sub-parcel of votes last received by AB according to a number deduced mathematically by the calculators and only that number of the parcel or sub-parcel are passed on in their next preferences to continuing candidates I have said they are picked off at random. That is a statutory requirement; only a limited number are picked off. The returning officer or his assistant must go round and collect one here and there. In other words it is a form of raffle like shuffling a pack of cards and taking a choice. That, I think, is a negation of the principles of democracy and a frustration of the will of many of the electorate who, because their ballot papers were not luck in the draw, had their remaining ballot papers confined to a box and not further used in the distribution of third, fourth and fifth preferences in the course of that count. That exercise may take place two or three times in a five-seat constituency and in the case of a seven-seat constituency—if such could exist—it could take place six times.

Just one other example. If it comes to the elimination of a candidate and there are two candidates with an equal number of votes at this count the returning officer is required to look to the previous count and, if necessary, to the first preference in order to estimate which of the candidates received the higher number of votes. But if it happens—it might be said it seldom could happen—that the candidates are equal at all these stages, the returning officer decides the issue by putting the two names into the hat——

Just like Deputy Briscoe got the Lord Mayoralty.

Just like Deputy Briscoe.

And he was going all round the United States with a gold medal as big as a plate.

While I disagree with that, it is a statutory provision. If I had my choice, in the event of a tie I would give the mayoralty to whoever got the highest number of votes in the previous election because I think that would be fairer. Otherwise, I think it is just an election by raffle. Here again, in the P.R. system which Deputy Dillon so eloquently denounced in 1947 we have several examples of this raffle in the election or elimination of a candidate. The Minister for Industry and Commerce said the other day that he doubted whether half the Deputies, much less half the electorate, knew what happened the third preference votes in the course of a count.

He must have a low opinion of the Irish people.

He thinks everybody is sunk in ignorance.

I doubt whether 10 per cent. of the Deputies fully understand how surpluses are distributed, much less 10 per cent. of the populace.

The main points that can be made have already been made by speakers better equipped to do so than I. Having regard to the example I have just given and to the examples given by the Minister for Defence, is it not about time that we introduced a system of election to reflect the true intentions of the people and ensure government of the people by the people rather than have it deteriorate into the mathematical farce it is now?

I wish to say a few words on this very important subject. I have already made my views known outside the House. I should like to reiterate some of the arguments which convince me that the time has come to abolish P.R., or, as I think it is more accurately described, the single transferable vote. We have not had P.R. for quite a few years now. As the House is aware, over the past 25 or 30 years, the number of larger constituencies has steadily reduced, until now three-quarters of the constituencies are less than five-seat constituencies. That procedure was objected to at the time by the then Opposition, but it was not altered when the Opposition came into power themselves.

In regard to the question of fair representation, there is no argument against P.R., depending of course on the size of the constituency. Twenty-five years ago, we had seven-, eight-, and nine-seat constituencies. There was no doubt that a Deputy who secured 10 per cent. of the total poll had to be regarded as elected on a very fair—almost too fair—proportion of the total vote in his constituency. If that situation could have been spread all over the country—having 15 or 16 constituencies with eight or nine Deputies each—it would not require a very great stretch of the imagination to see it would be quite impossible to govern the country effectively.

Quite an amount of play has been made with the freak results which have arisen, particularly in Great Britain, under the straight or majority vote. Under P.R. in our country, there have been some quite remarkable results over the years. I think I am correct in saying that not more than two elections ago, a Fine Gael candidate headed the poll in one of the Galway constituencies and failed to secure a seat. A rather longer time ago than that, in a local election, I think, a certain candidate in County Kilkenny finished at the bottom of the poll but was subsequently elected. I do not think it can reasonably be held that you have freak results under a straight vote only.

One of the arguments which appealed to me most strongly when I first started to consider this matter was the fact that P.R. is a safeguard and favours minorities, small Parties and Independents. But if we look back over the records of the various elections held over the past 12 or 14 years and see how the smaller Parties have fared, I do not think anybody could reasonably say P.R. has been a safeguard for the small Parties. I was a member of a Party that came into this House with ten seats in 1948, and it has one seat to-day. In 1944, I think Clann na Talmhan had nine seats; they have three to-day. Over that period, there were very few Independents in the House who were first elected in the 1943-44 election. It is not quite true to say that P.R. has been the custodian of small Parties and Independents. Strictly according to the record, the contrary would appear to be the case.

The fact that P.R. is in use in other European countries has been held up to us as an example of what a stable democracy can be under P.R., but the Deputies who advanced that argument did not know or did not explain that in these countries there are substantial national minorities or there are differences in those countries on very strong ideological lines. These, in turn, form the basis for the various political Parties. If you did not have some form of P.R. in these countries, it is quite certain you would have very serious internal trouble.

An example is the form of P.R. in Belgium where you have the Catholic Parties, the Liberal Parties, and a third Party, the Socialist Party. The voters vote along strictly religious and sociological lines. The same thing happens in other countries. Switzerland is held up as an ideal example. In Switzerland, there are substantial national minorities, German-Swiss, French-Swiss and so on. These also vote according to their national feelings and associations.

It has been suggested, and I think it is perfectly true, that over the past 35 years, P.R. has in general provided stable government in this country, but I must say I do agree with the contention put forward that this has been so rather in spite of than because of P.R. No matter what arguments are put forward, the split which followed the Treaty did exercise an overriding influence on Irish politics over a long number of years. That division is dying out now. Secondly, the personality of the Taoiseach, whether one agrees or disagrees with him or his politics, has exercised a dominating influence on the Irish political scene for nearly 40 years.

I do not think it needs any great exercise of the imagination to see that in the years ahead, when the Taoiseach passes from the political scene, there is bound to be fundamental changes in our country and in his own political Party. If P.R. were to continue, it is quite likely that no single Party here could form a Government on its own and you might have a situation where you would have a series of small Parties contending to form a Government. In others words, you would have a Coalition Government and a Coalition Opposition. I do not think that would be a desirable state of affairs.

It has been suggested that the abolition of P.R. is anti-democratic. I do not think that can be seriously suggested, in view of the fact that the whole question of the abolition or retention of P.R. is being put as a referendum to the people. The largest democracy in the world to-day, the United States, uses and has always used, as far as I am aware, the majority system of voting. The same applies in Great Britain, also a democracy.

Some play has been made with the fact that there was no demand for the abolition of P.R. The same argument could have been put forward 35 years ago by suggesting there was no demand for the inclusion of P.R.

After the success of Sinn Féin in the election of 1918 nobody in Ireland, certainly not the majority, would have favoured P.R. if they could have exercised a choice at that time. I believe the Irish people do not want a return to the form of coalition government we had up to 1957. I say that seriously and sincerely. I favoured the coalition form of government over a number of years but I am satisfied now as a result of what has transpired between 1948 and 1957, in spite of the good work done particularly by individual members of the Government, that the Irish people prefer a situation where there would be a Government and a strong Opposition. I believe the majority of the Irish people would prefer to see the present Government Party opposed by a strong individual Party that could offer itself as an alternative Government on its own. The only alternative I see to that if we are to retain P.R. is that the Government itself be elected on the P.R. system and that every Party of the House should participate in the Government, but I do not think that possibility could ever eventuate.

Statements made by Arthur Griffith in 1909 and 1911 have been quoted. Nobody here has greater respect for Arthur Griffith than I have, but again what he said so many years ago can hardly be argued fairly in the context of Irish public life and Irish politics to-day. We must learn by what has transpired over the years and relate it in a reasonable way to our plans for the future.

It has also been suggested that P.R. prevents discrimination against minorities and Independents and that if it is done away with it will disfranchise a large section of the people. The chief factor in the disfranchisement of a large section of the people is not the system of voting but the size of the constituency. That argument could be very strongly put forward in connection with the United States or Great Britain. In the United States you have one representative to something like every 400,000 of the population and in Great Britain one representative to something like every 80,000 of the population, which means that in a straight vote in America if the Republican or Democrat as the case may be, gets a slender majority, almost 200,000 people are disfranchised in the sense that their man was not elected. However, I refuse to believe that where there is a single member representing a constituency all those who did not vote for him are automatically disfranchised. I think the opposite is the truth and that where you have a single representative for a constituency he will regard himself, and will be regarded by the people of that constituency, as being their representative in Parliament and he will stand or fall on his record over the years in between elections, when he comes to offer himself for election again.

If, as is intended in this Bill, the provision is retained in the Constitution, whereby a Deputy may represent from 20,000 to 30,000 people, these small constituencies—they are very small— will automatically be a guarantee against discrimination against them. In a constituency of 25,000 or 30,000 people where there are, say, 15,000 voters, of whom possibly not more than 12,000 will vote, it is possible to see a strong local candidate standing without any Party support being elected, if a majority system of voting comes into effect.

Another strong argument in favour of P.R. is that it enables small Parties to take part in Government. That is perfectly true but unless I am very wrong it is the ambition of every Party, certainly any Party worthy of its salt, to become a majority Party and govern on its own. If one recalls the various statements made by Party leaders over the years, certainly it is their ambition to be strong enough to put their own policy into practice. That statement has been made again and again by Party leaders on behalf of their Party. At least one Party in the Dáil have stated that under no circumstances will they coalesce with any other Party again. They intend to stand for their own independent programme, put it before the electors and, if elected in sufficient numbers, will govern on their own. In other words, they will stand or fall on their own policy not on a combined policy of various Parties in an inter-Party or Coalition Government. That is a very sound statement and one which I would strongly support. The only difficulty is that I do not see how you could possibly put that wish or desire into effect under P.R. I do suggest that the Parties who aim to stand on their own feet, at the same time wanting to retain P.R., are trying to have the best of all possible worlds, which you cannot have in politics any more than in other spheres of life.

Over the past 30 years only one Party has ever secured a majority of votes and that was Fianna Fáil in 1938. That shows that it is practically an impossible task for any one Party to secure a majority vote. It is almost equally difficult to secure a majority of the seats. That is one of the reasons I favour the abolition of P.R. because it does ensure that the majority Party, even if it has a minority of the votes, at least has a majority of the seats and is free to govern with an adequate majority over a period of years.

It is quite true—and this is one of the strongest criticisms against the majority system—that a majority in Parliament is secured at the expense of widespread representation. In assessing the pros and cons of the two systems my considered opinion was that effective government comes before representation. Representation is essential but if representation is to be so widespread that it endangers effective government, a system must be employed that will ensure that effective government comes first. In every democracy we know government is carried out by political Parties, not by individuals, and no matter how grand it may be to call for the right of the individual—and I subscribe most strongly to the right of the individual —when it comes to the government of a country, a Party must govern, not 147 individuals or whatever the number may be. The Independents, I think, contribute usefully to public life— perhaps having a nuisance value at times—but when it comes to government, I think you must have a single Party with an adequate majority, and when the date of the next election comes, they must stand or fall on their record during their years of government. If we agree that a Party must govern and an Opposition must oppose, it comes as a logical conclusion that policies and not personalities will be put before the electorate and people will vote on policy and not on personality.

It would be a good thing for this country if the public were more and more encouraged to examine critically the policies of the various Parties contending for their favour, not on the basis of the individual concerned— whether he was a good athlete, or just a good talker or something else. It would be for the better if he were a member of a Party with a good policy, even if he did not open his mouth at all. I believe that, with the abolition of P.R., a strong Opposition Party will emerge. I do not know whether it will be Fine Gael, Labour or any other group inside or outside the House. I favour the emergence of a strong Party and I should like to make my views clear in that regard. I hope a strong Party will arise to displace the Fianna Fáil Party. I do not want to see a collection of Parties doing it but one Party doing it. If the Parties on this side of the House are worth their salt, they will avail of the opportunity in Opposition, with majority vote, to displace the Government Party with a better Party and a better policy in time to come.

Some play was made with the fact that the Liberal Party in England is now practically an extinct force. The suggestion was made, possibly with some grain of truth in it, that both the Conservatives and the Labour Party in England are deliberately squeezing out the Liberals and that the Liberals are the only champions of P.R. in England. That is perfectly true. The Liberals, so far as I am aware, are the only people who advocate P.R., but when the Liberal Party were in power up to 1912, they did not advocate it or any change from the majority system. It was only when they lost out to the Conservatives and Labour that the Liberals began to advocate the advantages of P.R. It is not very hard to see why.

My own view is that the Liberals were squeezed out because the public did not want them and the public does not want the Liberal Party, although they are a strong force in England to-day. I do not think the English public wants a Liberal Party. If they did, it would be possible for the Liberal Party to get back into power again as a force, just as the Labour Party did when the contending forces were Conservatives and Liberals. In that regard, I do not think the abolition of P.R. will stop—in my view, it will encourage—the emergency of a strong Opposition Party or Parties. Some of the world's oldest political Parties, founded over 100 years ago, were founded under the majority system, and they are still existing to-day, when the Parties formed under the P.R. system have come and gone in the space of a few years.

Finally, I should like to say that I give all credit to P.R. It has served its purpose, but I feel that the changed conditions of Ireland to-day demand a change. The psychological effect which the abolition of P.R., and its substitution by the majority vote would have, would be good for the country. It would be a necessary prerequisite to tackling our problems of emigration, unemployment and the other national problems that beset us now. It would also be in the nature of a shock treatment for the country in general and would help to dispel the apathy, indifference and frustration which seem to cloud over us to-day.

I intend to support this Bill right through and would like to make just one final comment. There is one thing I should like to be satisfied about, that is, that there will be absolute impartiality and independence in the delimiting and drawing up of the proposed new constituencies. The members of the Opposition Parties who have spoken to that have reason to sound a warning note: not only must justice be done in this regard but it must appear to be done. Otherwise, it might be better to leave the system as it is. The whole success of this change depends upon the drawing up of these constituencies and I hope they will be drawn up impartially and fairly to all Parties.

This Bill, coming at this time, stinks in the nostrils of every decent, law-abiding citizen of this country. The reason it does so is that they are alive and very much alive to the motives behind the Bill. The motives behind the Bill are selfish; they are political; they are ridden with malice; they are deliberate; and they are ill-designed. These are the motives that are behind this Bill. In the circumstances in which we are living now after the worst year's weather for 150 years, the time of this National Assembly is taken up in discussing whether we should vote with an X or 1, 2, 3, 4, 5. We have problems to face and tackle which this Government, which gave so many undertakings at the general election, undertook to tackle, but we are compelled to discuss P.R.

One of the reasons why the Bill is being put through now is to hide the miserable failure of the Government to fulfil the promises they made at the general election. Before the general election, there was no mention of P.R., and there was no mention of a revision of constituencies. There was grave concern for the economic future of the country and there was an appeal by the Leader of the Opposition at the time, the present Taoiseach, for strong Government, and mind you, he appealed for strong Government.

I want to tell the House, the country and my constituents, if I am to take that as an example of strong Government, the performances of the Fianna Fáil Government over the past 18 months, I am against strong Government. I am opposed to strong Government and I hope this country never has strong Government of that type again, a Government who close their eyes to the wants of the people, who deceive the people, who deliberately mislead the people and make no effort whatever to solve the national economic problems affecting the very livelihoods of our people.

While we are discussing the changes in our electoral system, the lifeblood of this country is compelled to emigrate because of the lack of activity on the part of the Government.

Our economic problems in general do not fall for discussion here.

I am endeavouring to demonstrate that this Bill is brought in at this time, a time in which there is grave depression and dissatisfaction in the country——

This measure cannot be made a hook on which to hang a discussion of the economic problems of the country.

All right, Sir, I will——

On a point of order, in view of the fact that one of the reasons for the introduction of this measure is to ensure the type of Government that will tackle these problems, is the Deputy not entitled to point out that they can be tackled in the existing circumstances?

The Deputy is not entitled to discuss anything except what is in this Bill or arises relevantly on the Bill.

Having read this Bill, I feel I may refer to it as a disgraceful, deceptive document. There was no demand from the general public for this Bill and while we are discussing this Bill, there is grave dissatisfaction in the country and serious criticism being hurled at us by the general public for wasting the time of the House on it. Parliament itself has fallen in the estimation of the general public because of the waste of time there is in discussing a Bill of this kind. However, if we want to refer to the terms of this Bill I shall do so and endeavour to give my opinion of it.

Why was it that the Fianna, Fáil Party did not introduce this Bill in 1937 at a time when they were the architects of a Constitution which was then said to be a garden of roses and which now has apparently become a garden of weeds which we are frequently inspecting and from which the weeds are about to be pruned? In 1937 when the people of this country approved of the Constitution they also saw fit to approve of a system of election called P.R. At that time the present Taoiseach saw fit to praise the system. He again praised that system in 1938 and at every general election from 1937 to 1948.

However, in 1948, when the change of Government came, he paused. He could not possibly understand how he was put out of office. To use his own words, when he referred to the people who voted to accept the Treaty in 1922: "The people had no right to do wrong." It is the opinion of the Fianna Fáil Party and the Taoiseach that when the Irish people changed the Government in 1948 they did wrong and that they had no right to change the Government and do wrong at that time. The year 1948 taught the Taoiseach a lesson that Governments could be changed. A very desirable weapon in a democracy is the right of the people to change their Government as often as the people want to change.

The year 1954 again brought the removal from office of the Fianna Fáil Party and the Taoiseach. For the second time he could not believe that he was put out of office. In order to demonstrate his unbelief he proceeded to make a tour in company with the Indians....

What has this to do with the Bill?

He then returned and on his return he proceeded to consult with himself as to what were the best methods of preventing the Irish people from ever again changing the Government. He appealed for a strong Government at the last general election, giving as his reason that the Government had grave tasks to undertake—they had the great responsibility of Government and they must guide the people along the right road. Now we have the Taoiseach, in the night time of his life, introducing this Bill with the full and unanimous approval of the Fianna Fáil Party, while the Labour Party, the trade unions, the organised Protestant organisations, the Fine Gael Party, the Clann na Poblachta Party and the Sinn Féin element outside the House are all opposing the measure. It is noticeable that not a single living person within the Fianna Fáil Party opposes it.

It has been pointed out by the Leader of the Labour Party that not one of the European dictators or even a citizen of the type of Mr. Bulganin would ask a conference, in Russia or elsewhere, to approve of any of their ideas without getting more unanimous agreement. The strange part of it all is that the fellows who got in on the 10th and 12th counts were the lads who applauded it the strongest. I feel that, while we are discussing the terms of this Bill, there are evil motives behind it. The Taoiseach saw that, having arrived at the night time of his political life, he had to leave some legacy to his old colleagues of the Fianna Fáil Party and the only one he could leave them was a source of everlasting power in this country. The only way he could do that was to deprive minorities of the right to be represented in Parliament.

This Bill is an attempt to deprive the people of certain rights and freedoms which they enjoy but I am of the opinion that this is one occasion on which the Taoiseach has bitten off too much. You can tell the people anything and promise them the sun, moon and stars but if you take anything from them, that is the time the Irish people will be aroused. This Bill takes from them certain liberties, liberties guaranteed by Griffith and Collins, rights and liberties that, as a free people, they are entitled to enjoy.

This is a Bill which, without the least shadow of doubt, is the real foundation stone of dictatorship. We hear people talking of the right of a political Party to govern but there is no such thing as a political Party governing in this country to-day. When the Fine Gael motion on wheat growing was being debated you had a wide section of wheat-growing farmers in the Fianna Fáil Party who were not allowed to open their mouths. They could not speak and had to go home and hide their heads from their wheat-growing neighbours. Some of them went to different church areas on the following Sunday in order to avoid their neighbours.

We now have the situation in which the cold hand of dictatorship is getting a firmer grip on this country. When this Bill is passed, as it will be passed in the Dáil and in the Seanad, the real Donnybrook fair will start outside. That is where there will be trouble. That is where the members of the Fine Gael Party, and the Labour Party and the Independents of common sense and intelligence should do their talking— at the church doors and not in this House.

We should start, if necessary, and if we are enthusiastic enough, because this is something of grave national importance, after Midnight Mass on Christmas Night in order to tell the people of the vital importance of holding on to certain liberties they have enjoyed and that Fianna Fáil are now taking from them. We must get out and stand up at Church gates and at fairs and use the eloquence God gave us to try to defeat this unnecessary, brutal, unjust and cruel measure being imposed by the Fianna Fáil Party for no purpose other than to make their own nests more secure.

The system of P.R. has worked well in this country. I do not see where there have been any very great complaints. If the people want to send a "dud" to Parliament they should be entitled to elect him and to send him to Parliament.

They have done that.

That is why you are here. I also think that any man, no matter what views he may express, what policy he may believe in, what religion he may profess or what his outlook for the future may be, whether he is a rich man or a pauper, should have the right to offer himself for election to Parliament and that the Irish people should have the right to send him to Parliament. Here we are faced with a deliberate move to wipe out completely all minorities. The motive behind that move is to ensure —we have had it from various speakers since—that there will not be another inter-Party Government. That is the main motive.

I am of opinion that when the referendum is taken and the result is made known the Government will be seriously shocked. P.R. has not produced instability in Government in this country. Everybody knows that quite well.

What about the annual trot?

We know that when in 1929 the Government of the Six Counties abolished P.R. their action was denounced by everyone in Southern Ireland, and properly so, because it was a deliberate move to disfranchise the Nationalists and the Catholics there. These fears were more than justified.

The purpose of doing away with P.R. here is to disfranchise the minority and to lay the foundation stone of dictatorship. I do not see what great opposition the Fianna Fáil Party should have or can have to new Parties. This evening, the Minister for Education referred to the setting-up of new political Parties. Has any constitutional group of free people not the right to form any kind of Party they like, provided they keep the law and, if they do not keep the law, the Parliament and the law are there to see that they abide by it.

It was a sad experience after over 30 years of native government, to witness a short time ago the present Taoiseach, standing on these Opposition Benches, saying: "I hate that Government. I hate the Government." Balls of pespiration rolled down his forehead as he put venom into his hatred when he was roaring across the floor of the House and saying he hated the men who sat on the Government, Benches. There is a display of Christian charity. There is a display of love of your neighbour. There is a display of co-operation and friendliness.

This evening, the Minister for Education tried to rattle the bones of the civil war. The present Taoiseach, standing in these Opposition Benches, indicated that one group of Irishmen deliberately hate and despise another in an Irish Parliament. Is that not a sad and extraordinary situation? It gives little hope and confidence to the younger generation. How can they have respect for any group of men or for any man who conducts himself in that manner?

Perhaps Deputy O. J. Flanagan will give the reference?

What reference does the Deputy want? Does he not know all about it?

Deputy O.J. Flanagan said he was quoting the Taoiseach.

I heard him. He said he hated the Government opposite.

He did not.

It was before Deputy Moher's time.

We will get the reference for Deputy Loughman.

I am sure the records of the House are available and later we shall have them made available to prove the remarks of Deputy E. de Valera, as he was then, on these Opposition Benches.

We shall have no trouble in getting the quotation. The expression of hate was coming from his heart. It was not a mere passing expression. He deliberately meant it.

It was not off the end of his nose, as it were.

Here is the old question of the civil war being brought in again by the Minister for Education.

That is not relevant.

The younger generation are not concerned with it and want to forget it. It was a sad chapter in Irish history. We know who began it and who is keeping it going.

It does not arise in this debate.

It has been argued that P.R. produces instability. We need no more than one example to test that argument. For 26 or 27 years, Deputy Eamon de Valera has been Taoiseach. He had the reins of government in this country in his hands continuously for a long period but, in all, for about 27 years during which time we have had a Fianna Fáil Government. At the same time, they are comparing the system with the electoral system in England. In the 27 years, during which Deputy de Valera has been Taoiseach here. there were seven different Prime Ministers in England. The comparison has been made though why I do not know. I fail to understand the case being put forward by the Government for this measure.

We all know very well from our experience that P.R. has given the minorities the right to speak in this House. It has given small Parties the right to put forward the views of the people they represent. It is only right and proper that they should have that right to speak. P.R. has worked well and is working well in Switzerland, Sweden, Holland, Belgium and Denmark, but this deliberate attempt to wipe out small Parties will have a greater danger in the years ahead.

I will tell the House where that danger will lie. When you drive out of this House the elements that represent Labour, it means that a large section of organised workers in this country will have no spokesman in Parliament. When they have no advocate in Parliament, the only course that will be open to those people is to act on their own, to use the strike weapon and use the weapon of negotiation between the organised worker and his employer and the employer will have the favourable ear of the Government in office, while the unfortunate worker will not have the ear of anyone. He will have no one to speak for him.

I can see the extreme element, who have the right to come into this House, if they wish, going underground. I can see secret organisations and secret movements expanding and expounding because they will be deprived of the right to be represented in Parliament. Efforts will be made to overthrow constitutional Government. A measure of this kind leads to chaos and disaster. Those circumstances are not only likely to be availed of, but will be availed of, if minorities are denied the right to sit in Parliament.

The most serious part of this Bill deals with the question of the setting up of constituencies. It is bad enough to change the system of election; it is bad enough to deprive the people of a variety of public representatives. If they do not want No. 2, they can have Nos. 2, 3, or 4. It is bad enough to tell the people that they must have one representative for their constituency and one only. Speakers pointed out that once the one member is elected, he represents those who voted against him just as he represents those who voted for him. That is not so at present because in the present set-up you have Fianna Fáil working for Fianna Fáil and nobody else.

The Deputy is wrong.

We had the question of the filling of vacancies and the making of appointments. We had the good old hobby and good paying racket of jobbery which was undertaken by them. I venture to say that no Fianna Fáil voter, councillor or Deputy ever put any Labour or Fine Gael supporter into a job over the heads of a Fianna Fáil nominee. They will never do that. What hope is there for anybody getting any type of a job, if there is only a Fianna Fáil Deputy representing a constituency? It is a means of driving people into Fianna Fáil. It is a means of driving local political contributions into the pool to fatten the funds of Fianna Fáil.

This is going to be carried out from the Dáil down to the county councils and local authorities. It will be carried down into the local authorities because the county councils are to be elected on the same system. It will go down to the home assistance recipients, the home assistance officers, the county council ganger and from there to the road workers. I cannot see that there is any hope for anyone because there is only the Fianna Fáil councillor or T.D.

This Bill reeks of rottenness; it reeks of everything that stands for dictatorship; and it reeks of graft. I trust that in the wisdom of the people, it will be given the answer to which it is justly entitled. It is bad enough to deprive the people of a choice of Deputy and to be tied down to the single member constituency, but when it comes to gerrymandering the constituencies, it is the last word in graft.

Let no man say that the constituencies will not be gerrymandered. If this measure is passed a constituency commission will be set up. If I have read this Bill properly, when the constituency commission is sitting and if the commission cannot submit a report that they have agreed on certain boundaries, it will then be left to the chairman of the commission to create the boundaries himself. According to the Bill, the chairman of the commission will be a High Court judge appointed by the President.

Not appointed by the President. Let the Deputy go further.

When he is appointed chairman, there will be a deliberate set of circumstances thrown into the way of that commission so that in order to suit Fianna Fáil, there will not be agreement on the question of constituency boundaries. I feel that this question of no agreement on constituency boundaries will be a deliberate concoction on the part of Fianna Fáil, because they will have their spokesmen on the commission and the making of the constituency boundaries will be left to one man who will be picked by favour.

People are of the opinion that the Fianna Fáil Party will use this gentleman, whoever he will be. He will bear the title of a High Court judge or a Supreme Court judge. That is the extraordinary way they are trying to put this over.

The Deputy may not reflect on the integrity of High Court or Supreme Court judges.

I am not doing so.

That is what the Deputy is doing.

If my reading of this Bill is correct——

The Deputy has no faith in the commission.

I want to put that on record. I have no faith in the section of this Bill that makes a High Court judge or a Supreme Court judge chairman of the commission. This section of the Bill tells me, the House and the country, that a judge of the High Court or the Supreme Court is to be chairman of this commission. I know quite well that such a person is only human like any of us. The fact that he is a Supreme Court judge or a High Court judge does not mean that he is not liable to fall into temptation.

I would advise the Deputy to get away from the Judiciary. It is not usual to criticise the Judiciary in this House.

I want to tell the House, and I want your protection so that I may tell the House, that I do not agree with this section in the Bill. If I am not debarred from telling the House the reasons why I do not believe in this section, it is because I do not believe a High Court judge or a Supreme Court Judge is a competent person to design my constituency.

The Deputy is making grave reflections on the members of the Judiciary, and he will not be allowed to do that here.

I am referring only to the fact that the Bill proposes——

The Deputy has said that three times already. He will not say it a fourth time.

The only conclusion I can come to——

The Deputy may disagree with the Bill, but he will not be allowed to criticise the Judiciary or the judges.

I will do that at the church gates when I am dealing with the Bill.

If this Bill is passed, we can be critical then of the actions of the particular judge.

We can. The fact is he will be picked by de Valera, and he will do what de Valera says. That is the long and short of it.

Will the Deputy withdraw that allegation against the Judiciary? I have warned the Deputy three times.

I have the greatest respect for the Judiciary——

I have warned the Deputy three times. The Deputy will withdraw the allegation that members of the Judiciary would give wrong decisions.

It is not unusual to get a wrong decision.

They are capable of making wrong decisions.

The Deputy is saying they will make them.

I have the greatest respect for the Judiciary.

The Deputy will withdraw the allegation that they will make wrong decisions.

I am trying to prevent them making any decisions. If I had my way, they would make no decisions at all in this. So far as the Clerk of the House is concerned, I object to the Clerk taking part in the debate or advising the Chair as to whether I am right or wrong. I want that to go on record.

That is not fair. The Deputy has no evidence.

I have just heard the Clerk telling the Chair——

I ask the Deputy to withdraw the statement he has just made——

My hearing is not very defective.

—that the Clerk advised the Chair as to what the Chair should say.

I distinctly heard him say: "Make him apologise."

That is completely untrue. He made no such statement.

I take it the Leas-Cheann Comhairle did not hear.

It is most disorderly to refer to officials of the House in this way in debate. The Deputy will withdraw the remark.

I will withdraw the remark in accordance with your wishes.

There can be no further discussion about it. The Deputy will proceed with his discussion of the Bill.

I ask the Leas-Cheann Comhairle to take a note of my complaint in this matter. I shall be glad if particular note is taken of it because I propose to go before the Committee on Procedure and Privileges with my complaint. Officials in the House should not take part in discussions in the House.

And Deputies should behave themselves in the House.

This is an evilly-designed Bill. It will have a very bad effect on the future of the country. The Minister for Education referred to-day to Coalition Governments. He referred in particular to the position in France. Fianna Fáil Deputies, dealing with this issue down the country, have addressed the people. They have used high-sounding phrases, not always intelligible to the ordinary man in the street. They say that one of the reasons for bringing in this Bill is to prevent the same situation here as has occurred in France in the past. They have not gone to the trouble of explaining—this explanation will, I hope, be given by others—that the French system of P.R. has no relationship at all to the system of P.R. obtaining here. Neither have the changes in Government in France over the years anything to do with P.R.

Once a Deputy is elected in France he is elected for five years. Irrespective of whether or not the Government remains in office the Deputy remains a Deputy. The Deputy in France, if he so desired, could vote the Government out every day of the week. Indeed, he obviously desired that quite frequently in the past. But that is not the position here. If the Government is defeated here, a general election follows.

Not always.

In France, there was no question of a general election. There is no parallel between the system there and our system and the comparison is a most unfair one. Not alone is it unfair but it is unreasonable. The people should be told the truth and those responsible for telling the truth should not try to bolster up the case in the hope that the people will blindly fall for it.

Any amendment of a Constitution anywhere is a very serious matter. Such amendments are made only when grave necessity compels them. This Bill may easily have the effect of depriving Parliament of some of its rights. If this Bill is passed, we can reach a situation in which Fianna Fáil may gain 80 or 90 of a possible 120 seats.

The Deputy is more optimistic than we are.

If Fianna Fáil thought for one moment that there was any possibility of their losing seats, or losing prestige, they would never have introduced this Bill. Remember, they will have no old warrior to whip ten or 15 years hence.

That is not a nice thing to say. He may live longer than the Deputy. With the help of God, he will.

A long life to him and a happy one—outside this House.

I hope he lives to be as old as Methusaleh, but outside this House. I shall not be a bit surprised if he lives longer than Methusaleh, because God has strange ways of punishing people.

He will certainly live in the memory of the people of Ireland.

We shall let history deal with that.

A great many people have lived long in the memory of the Irish people, and it would have been better if they had never lived.

History will deal with that, and we shall leave it to the historians. It is stated that the intention behind this Bill is to give the people stable government, strong government and government that will last. If that is the intention, I fail to understand the necessity for this measure. At no time had we a Government with such a strong majority as the present Government. If the Taoiseach thinks he has not got a strong Government now and it is his desire to ensure an even stronger Government, what exactly does he want? Does he want all the seats in the House for his Party, and everyone else outside the House? I am of opinion that that is what the Fianna Fáil Party are hoping for. The stage is being reached when they are not satisfied to have 70 or 80 seats; they want the entire 147 seats. When that happens, the Lord look down upon the people because, when Fianna Fáil have carried out the things they have carried out with the majority that they now have and with such strong Opposition, what will they do when there is no Opposition at all?

I want to issue a warning that the country is in the first stages of the straight walk for dictatorship. It is the duty of every Deputy who stands for true democracy to ensure that minorities and small Parties will have the right to representation in Parliament. We should organise the people in so far as is possible and warn them of the seriousness of the situation into which they are now being allowed to drift.

How is it that there is no provision for compulsory voting in this Bill? They are changing the constituencies, gerrymandering the constituencies, changing the system of voting, but there is no provision in the Bill for compulsory voting. That is because the Taoiseach knows, that all his supporters will vote, that the Opposition supporters are apathetic and careless as to whether they cast their votes or not, but that if there were compulsory voting, they would vote against him and his Party.

The question of compulsory voting is not in the Bill and may not be discussed.

I thoroughly recommend to the House the amendment tabled by Deputy John A. Costello and Deputy Mulcahy. The amendment states very clearly that the abolition of P.R. will interfere with the rights of minorities. Is there a Deputy who believes that it will not interfere with the rights of minorities? Every Deputy knows that if this Bill is passed and is approved by the people, the rights of small Parties and the rights of minorities will be gone forever. It is quite true to say that it is likely to lead to unrepresentative Parliaments. There is no doubt that that is likely to be the case.

So far as Partition is concerned, there is no doubt that that question will be made more difficult of solution. The question of Partition was whipped around this country by the present Taoiseach while whipping was good for it. Having got tired of speaking on that subject, having obtained all that he could obtain by whipping Partition, he now, by bringing in this measure, introduces the same system of election in Southern Ireland as he condemned in the Six Counties. This Bill, in my opinion, justifies the existence of the Six Counties and endorses the policy operated by Lord Brookeborough and his comrades. Everyone knows that there was no demand for this Bill by the general public. I think it was Deputy Lemass who said that he knew of certain people who were demanding it. I do not know where the strange type of people are with whom Deputy Lemass comes in contact.

The Minister for Industry and Commerce.

The Minister for Industry and Commerce. I do not know whether it is at the pleasant Fianna Fáil functions in Clery's restaurant or where he meets the people, but I travel around the country and particularly in my own constituency as much as any Deputy travels in his constituency and I have yet to meet anyone who has demanded the proposed change, who has asked for it or has sought it.

I make a very strong appeal to every Party and to every Deputy, in the interest of the future of this country, to protect the rights of minorities, to hold on to the measure of freedom we have, to direct the serious attention of the general public to the fact that the measure of freedom they now enjoy is being taken from them. When the people have a clear understanding that they are to be deprived of that measure of freedom, they will resist Fianna Fáil or anyother Party which proposes to take it from them.

We heard the Minister for Education and other members of the Government saying that they want this matter discussed in the country in a calm atmosphere and apart from politics. I am of opinion that the Fianna Fáil Party want as little propaganda and as little publicity in the country for this Bill as is possible, so that it will be put speedily through the House. The best way in which we can arouse public interest in this matter is to explain to the people the privileges and the rights which they are now being denied by this Bill. Fianna Fáil are against giving the facts and telling the truth to the people on this issue. They want a peaceful and a calm atmosphere. A peaceful and a calm atmosphere did not win for the Irish people the liberties which they now enjoy. A peaceful and a calm atmosphere will not be an atmosphere in which rights and liberties of people will be taken. I hope and trust that when this referendum is held, the people will give the answer they are entitled to give, that there will be an overwhelming vote against this measure and that it will be proven, beyond yea or nay, to the leader of the Fianna Fáil Party and to every other member of that Party, that the Irish people are one people; that the Irish nation is one nation that will resist the setting up of a dictatorship, that we are determined to allow true democracy to reign; that the people will say no leader will be allowed to pass on a legacy of permanent power to his comrades, and that the right of the people to change Governments, when they so desire, will be upheld and cherished by them.

If there is to be an overwhelming majority of the people against this Bill—and a good many of the Opposition Deputies have said so—I take it that the logical thing for them to have done would be to give us the Bill without any opposition. After all, we are not now declaring, or pretending to declare, in Canada, the establishment of a Republic. The other night I listened to objections being raised by several Opposition speakers that, because we did not mention an intention to bring such a measure as this into Dáil Éireann, we had no right to do so. It is true that we did not mention it in our programme at the election, but neither did the Coalition Government mention the fact that they were going to declare a Republic in Canada.

Two Parties in the inter-Party Government were all for it. Do not try to mislead the people.

Lead us to the Republic.

The Coalition did not tell the people of the country first that they were going to have a Coalition.

The Labour Party said so.

The Parties forming the Coalition did not tell the people of the country——

On a point of order, a Leas-Cheann Comhairle——

——that they would have a Coalition.

I was ruled out of order for speaking on that same line.

On a point of order, I want to know if the Parliamentary, Secretary is to be allowed to refer to the declaration of the Republic in Canada by the previous Taoiseach, and he is the second member on the opposite side to say that, will the Chair permit somebody on this side to deal with that point when the opportunity arises? If the Parliamentary Secretary, or any Deputy over there is to be allowed——

The Deputy is now making a speech.

I hope, Sir, that note will be taken of it in order to explain how that statement was made in Canada.

That will be a matter for the Chair.

We will chance talking about the Duke of Windsor.

The Deputy might now allow the Parliamentary Secretary to continue.

What has the Duke of Windsor to do with it?

You came into this House to shove the King down the throats of the people. You were the only people recognising the King.

The Deputy knows damned well that we are going to the people with this Bill and we will accept the decision of the people on it.

You will have to accept their decision.

And there will not be a general election, even if the people turn it down.

That is what is worrying the Parliamentary Secretary.

That is what Deputy Flanagan wants.

You cannot say that. The Taoiseach did not say that.

I did not cut in on any of your speeches. You are the most intolerant Opposition I have ever seen in this House. You cannot listen to the other side at all.

We are listening.

That is a right thing to say when you are leaving the House.

You come in to-morrow night and listen. You cut in before me.

Let the Parliamentary Secretary come in to-morrow.

I wanted to draw attention to the Deputy leaving.

Deputy Corish should behave himself.

While Deputy Flanagan was Speaking, the Fianna Fáil Deputies showed great restraint and patience when he insulted a man who has given lifelong service to this country. That man has given honourable service and the Irish people have demonstrated, time and time again, that they have confidence in him. His name is not alone a household word in Ireland, but his ability, honour, sincerity and all the different qualities that are recognised as good statesmanship, have made his name a household word throughout the world. I think it is a damned shame that, in an Irish Parliament, a man with such a record should be attacked by Deputy O.J. Flanagan or anybody else.

We have heard Deputy Norton, Leader of the Labour Party, comparing him with Khrushchev and just this evening we had Deputy Mulcahy comparing him with Machiavelli. He said that Mr. Machiavelli did not permit or approve of the transferable vote, but I have not heard whether Mr. Machiavelli approved of the straight vote.

Has the Parliamentary Secretary heard of Mr. Machiavelli?

Deputy O'Higgins is a bit of a pedant, but perhaps he might contain himself for a few minutes, as there are only five minutes left. I do not aspire to Deputy O'Higgins's heights of learning and I hope he will try to make allowances for the deficiencies in my classical education.

The Parliamentary Secretary requires another sort of education, too.

In any event, whatever abuse you may heap on the Fianna Fáil Party, we will not allow you to heap abuse on a man who has such a fine record of service to this country, simply because Deputy Flanagan chooses to say that that man is now coming to the night time of that service, to use Deputy Flanagan's own words, and is now presenting the Fianna Fáil Party with his last will and testament. If it is his last will and testament, it will, in time to come, prove to be as beneficial to this country, and to the maintenance of true democracy in it, as the Constitution which he introduced in 1937, in spite of opposition every bit as vehement as this.

We have had a consistent campaign carried on in the Irish Times since this thing was mentioned. We do not object so much to their tilts and arrows against the ordinary members of this Party, but I think they did go outside the bounds of what any Party ought to be expected to put up with when they described the silence of the backbenchers of this Party, on the occasion of the First Reading of this Bill, as “their bovine dumbness”. They have been brought to task by a member of this House, Deputy Sheldon, who pointed out that the Fianna Fáil Party were silent in obedience to Standing Orders, as expounded on that occasion by the Chair, and they did admit that the rebuke was merited.

The backbenchers have plenty of chance on the Second Reading.

They have plenty of time.

Deputy Loughman promised to speak the other day.

When we hear ourselves, on this side of the House, being cajoled in one breath and threatened in another, in leading articles, in political journals that have always been hostile, it has the effect, even if we have not got the intelligence which this political journalism expects of Members of Parliament, of rousing our instincts. I was very interested to be warned, and I am sure every backbencher was interested to be warned, that this thing is not going to work out as we are supposed to anticipate that it will—that Fianna Fáil are to be given a guarantee of permanency. It did instance a number of colourful characters in this House who do provide more pabulum for that type of journalism than the ordinary disciplined members of the Fianna Fáil Party.

Disciplined is right.

I move the adjournment of the debate.

Cuireadh an díospóireacht ar ath-ló.

Debate adjourned.
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