asked the Taoiseach if in view of the High Court decision on the constitutionality of the Electoral (Amendment) Act, 1959, he will consider holding a referendum to alter Article 16. 2. 2º and 3º of the Constitution so as to preserve adequate representation in Dáil Éireann for the thinly populated rural areas.
Ceisteanna—Questions. Oral Answers. - Electoral Amendment Act: High Court Decision.
2.
As the Deputy is aware, the Government are in complete sympathy with the aim underlying his question. While his proposal will be considered, I doubt whether it would be practicable to initiate a constitutional amendment such as he has in mind, at the present juncture.
May I point out that if the decision of the High Court is accepted it is the death-knell of rural Ireland?
And Fine Gael.
No more shadowboxing now. This is a serious matter. This is the death-knell of rural Ireland. I would ask the Taoiseach to take courage in his hands and submit this to the people.
That is not a question.
It arises out of the reply. I would ask the Taoiseach to take courage in his hands and submit this to a decision by the people. If he allows the opportunity to slip now, the position will become worse and worse as the years go by.
The Deputy is making an argument.
Sure, the country people are all coming up to Dublin.
(Interruptions.)
3.
asked the Taoiseach if he is now in a position to state the decision of the Government on the recent High Court decision declaring part of the Electoral (Amendment) Act, 1959 repugnant to the Constitution.
4.
asked the Taoiseach what action the Government proposes to take arising out of the decision of the High Court on the Electoral (Amendment) Act, 1959.
With your permission, Sir, I propose to answer Questions Nos. 3 and 4 together.
The Government have given careful consideration to the desirability of instituting appeal proceedings in the Supreme Court against the decision of the High Court Judge on the constitutionality of the Electoral (Amendment) Act, 1959.
Notwithstanding the view on the merits of the case which I expressed last week in reply to a Dáil Question by Deputy Dillon, the implications in the learned High Court Judge's comments that every Electoral Act enacted during the past forty years could have been successfully challenged on the same grounds, and the desirability of having constitutional issues of this character submitted for final determination to the Supreme Court, the Government have decided, because of the necessity of having an Electoral Act in operation in good time to permit of the completion of all the essential administrative arrangements to enable a General Election to be held on or before the expiration of five years from the date of the first meeting of the present Dáil, to prepare proposals for a new Electoral Act. These proposals, which will take account of the opinions expressed by the High Court Judge, will be submitted to Dáil Éireann in the early future.
Is the Taoiseach aware of the fact that the High Court judge seems to have given his decision on an undertaking of some kind given from both sides in the action, that there would be an appeal to the Supreme Court?
I do not think that alters the problem so far as the Government are concerned. I am aware that the High Court judge expressed his belief that an appeal would be made, but so far as I know, it was not said by Counsel for the Government.
The High Court judge in question appeared to wash his hands in making this decision, in view of the fact, that, as he said, he believed that if either side lost they would go to the Supreme Court. That seems to have influenced his decision.
While we must bear in mind that we are dealing with a decision relating to the Constitution and its correct interpretation in the law courts, it is on the Constitution that this whole matter turns. Does the Taoiseach's statement today indicate that the Government propose to proceed with an Electoral Law Bill, pass it by Oireachtas Éireann, and take steps to determine its constitutionality, before the census is taken on 9th April? Have the Government considered the implications of an Electoral Act dissociated from the census of 9th April in the context of the Constitution as passed by this House and by a referendum in 1938?
I am not quite sure what exact interpretation the courts might place on the phrase in the Constitution—"the population as ascertained in the most recent census"— although I think it is highly likely to be this view that the figures ascertained at a census could not be taken into account until they had been tabulated and published. It is unlikely that even provisional figures from the coming census will be available before October or November or the final figures before next year making it impossible, therefore, to have consideration given to them in framing an Electoral Act at this time. The matter is being considered but it seems to me that there is little doubt that the correct course is to proceed now with an Electoral Bill based upon the most recent figures available to us. The intention is to introduce the Bill next week and to have it considered by the House shortly afterwards.
In the event of the Bill passing through this House and the Seanad, does the Taoiseach intend seeking the advice of the Supreme Court as to its constitutionality before submitting it to the President for signature?
The Government will prepare a Bill based upon the opinions, as to the correct interpretation of the Constitution, expressed by the High Court judge. In those circumstances we assume that its constitutionality could not be successfully challenged. It may be desirable from the point of view of securing finality in the matter, to seek to have the Bill referred to the Supreme Court, but I should not like to decide to do that at the present time. If that precedent becomes established, it seems to me that that obligation will always apply. There may be other aspects of this question which we should consider before taking that step.
I should like to ask the Taoiseach may we take it that, in principle, the Government agree that ordinary matters arising with regard to the Constitution are most appropriately finally decided by the Supreme Court?
If there were time I have no doubt that would be the right course but, as Deputies are aware, the proceedings in the High Court were not started until almost twelve months after the Act had been passed. We do not wish to commit ourselves to any course which might involve prolonging the life of the Dáil beyond the normal term. That is why we think it is wiser to proceed with the enactment of a measure based upon the interpretation of the constitution given in the High Court.
It is clear, therefore, that the new Act will be based on the figures of the 1956 census?
Yes.
May we take it that means we will have an election in June?
That is extremely unlikely.
It means there will be more Deputies in Dublin, does it not?