andMr. McQuillan asked the Taoiseach whether in connection with his statement in the Dáil on 1st March, 1961, he will state whether he has completed his consideration of the desirability of indicating that it was his view that the Electoral (Amendment) Bill, 1961, should be referred to the Supreme Court.
Ceisteanna—Questions. Oral Answers. - Electoral (Amendment) Bill, 1961.
2.
As the Deputies are aware, the Government have decided to proceed with the enactment of an Electoral Bill the terms of which are in conformity with the recent High Court decision on the constitutionality of parts of the Electoral (Amendment) Act, 1959.
The question of referring the Bill to the Supreme Court is, of course, one for decision by the President after consultation with the Council of State, in accordance with Article 26.1.1º of the Constitution. Whether it would be desirable that the Bill should be so referred is a question on which I should prefer to withhold judgement until the time comes.
Would the Taoiseach bear this kind of situation in mind? Supposing next week he decides to have a general election. There is usually a three-week period between the announcement and the holding of the election. It would be a very bad situation if, say, two days before polling somebody decided to refer the matter to the Supreme Court.
I am sure the Supreme Court would also be conscious of the problem that would be involved.
The Bill would not be passed if we had a general election next week.
To deal with Deputy Corish's point, in the decision of the High Court judge there is the implication that all previous electoral Acts here were not in conformity with the Constitution, Therefore, presumably it is open to anyone to move in the court to get a declaration to that effect, and what the consequences of that would be the Deputy can work out for himself.
Does the Taoiseach not appreciate what it could mean if a few days or even a week before polling day somebody decided that——
The resources of civilisation would not be exhausted.
Does the Taoiseach wish to convey to the Dáil that he is going to consider the matter after the President has given his assent to the Bill?
What I said was that if the question is raised at the Council of State I would prefer to withhold until then any conclusion I may arrive at. Obviously it would be unwise to reach a decision in this matter until at least the arguments in relation to it have been heard at the Council of State.
If the Council of State were asked for their advice the formula would be that the President would say: "Thank you, gentlemen, for your opinion and I will now be able to make up my own mind"?
We can give him our opinion.
In referring this to the Supreme Court does the initiative lie with the Council of State——
No.
——exclusively or will the Government take the initiative?
It is a function of the President.
Is it on the advice of the Government?
Is there not machinery whereby a stated number of the members of the Oireachtas can move that the President refer it to the Supreme Court?
I would want notice of that question in view of its constitutional implications.
Supposing someone did appeal to the courts and the courts decided that all previous elections were illegal, who then would be the Government?
A more important question, who then would be the judges?
We can all have a go again.