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Dáil Éireann debate -
Wednesday, 20 Mar 1968

Vol. 233 No. 6

Returns to Writs: Clare and Wicklow. - An Bille um An Tríú Leasú ar an mBunreacht, 1968: An Dara Céim (Atógáil). Third Amendment of the Constitution Bill, 1968: Second Stage (Resumed).

Debate resumed on the following amendment:
Go scriosfar na focail go léir i ndiaidh "Go" agus go gcuirfear ina n-ionad:—
"ndiúltaíonn Dáil Éireann an Dara Léamh a thabhairt don Bhille ar an bhforas gur togra atá neamh-dhaonlathach go bunúsach an togra sa Bhille suas le 40 faoin gcéad de bhreis ionadaíochta sa Dáil a thabhairt do roinne saorá-nach thar mar a thabharfaí do shaoránaigh eile."
To delete all words after "That" and substitute:—
"Dáil Éireann declines to give a Second Reading to the Bill on the grounds that the proposal in the Bill to provide some citizens with up to 40 per cent greater representation in the Dáil than other citizens is fundamentally undemocratic."—(Deputy Cosgrave).

When the debate was adjourned on Thursday last, I had just finished explaining to the House the reasons which motivated me to support these amendments to the Constitution. I had reminded the House that the primary purpose of an election was to produce a Government that could govern, and that the secondary purpose was to elect an effective Opposition that could be an alternative Government, that the PR system and the multi-seat system of election had failed to do just this, that there was only one really effective system of Government and Opposition, or Government and alternative Government, and that was one which would give a two-Party system, that we had reached such a state of political stagnation here in the past 40 years that there was, in effect, at the moment. no real alternative to the Fianna Fáil Party, and that this is certainly not the fault of the present Government who are merely doing what any Party would do to win elections and try to remain in power.

I said the present multi-seat system was such that it just was not possible for an Opposition Party to build itself into a strong position to take over, that the Government have been in office for so long now that they will soon deem it to be their right to be there, and that the Opposition have been so long in Opposition that they have lost the urge to rule, and lost the will to fight. I made the case that this was wrong and that we should make a change in the present system which brought this about, and that it was our duty to do so. I rejected the suggestion that this Bill was designed by Fianna Fáil to wipe out the Labour Party or that it would do that. I rejected the suggestion that Fine Gael had any altruistic motives for worrying about the Labour Party, or that they were interested in protecting the Labour Party.

I rejected the suggestion that they were in any way concerned about the future of the Labour Party as such. They were merely making friendly noises in the hope of codding the Labour Party into a coalition at some future date. Deputy Dillon finished his speech by inviting them to do just this. I rejected the suggestion that those who like Deputy Cosgrave, Deputy O. J. Flanagan and myself were convinced of the superiority of the single-seat constituency were power mad or bore any resemblance to the South American dictators.

I mentioned that, much as I should like to remain in politics and in public life, I was not motivated by self-interest in resigning from the Labour Party and placing my political head in jeopardy, and that when it came to deciding on the Bill before the House, I would try to be motivated by the same selfless ideals which persuaded me on that occasion that I was right in resigning from the Labour Party of which I was a member, and taking a stand as an Independent, and that I would try to judge these amendments entirely on their merits and not be influenced by personal considerations.

I have already informed the public by means of a press statement that I intend on the Committee Stage of this Bill to move an amendment. The purpose of this amendment would be to give effect to the single-seat constituency and the single transferable vote. The amendment will read as follows.

I feel that the Deputy should not go into the details of his amendment. He may refer to it, but we cannot discuss it at this stage.

I bow to your ruling. The purpose of this amendment would be to give us the single-seat constituency and the single transferable vote. In other words, it would give us the benefit of the best of both systems: PR, which appeals to some people in this House, and the single-seat constituency, which appeals to the Government and to myself and many other Deputies. With this, I feel, we will be getting the best of both systems.

I do not believe that many Deputies really believe that the multi-seat constituency is desirable in itself. The disadvantages are well known and have already been discussed here in great detail. In the big multi-seat constituencies, the area involved is too large and it is almost impossible for a Deputy to visit all parts of it and meet his constituents frequently. It is very difficult for the constituents to meet their Deputy. It places undue strain on a Deputy who conscientiously tries to fulfil all that is expected of him by his constituents. In this regard it is well to remember that we have had seven deaths so far in the present Dáil and out of a membership of 144 in a period of less than three years, this represents an unduly high casualty rate.

The multi-seat constituency is also very inefficient in itself. Not infrequently three or four members make representations to a Department on behalf of the same person or attend at the same Department with the same local deputation or ask the same question about the same parish pump. Not infrequently three or four Deputies attend the same meeting in a constituency about the same local matter. This obviously greatly adds to the amount of work involved not only for the Deputies themselves but also for the officials concerned whether Departmental or local authority, and it also adds to the cost.

Under the present multi-seat system, we are not getting the best possible people available to offer themselves for Dáil elections. At present the strain of life on Deputies is such that many people are not prepared to take it on. It has been known for some members of the House to decide not to go forward for future elections, having had experience of what is involved, because of the strain on themselves and their families. Smaller constituencies would eliminate much unnecessary duplication of effort and to some extent would reduce the strain involved for a Deputy. If this were the position, I think that over a period we would get many people who are not at present prepared to enter public life to reconsider the matter and offer themselves. This is not in any way intended to be derogatory to Deputies, most of whom fulfil their functions extremely well and do all that can possibly be expected of them but we know that there is a large body of people in outside occupations who are not prepared to make themselves available and in a small country such as ours, we cannot afford to exclude any section of the community that might be willing to participate in our public life.

As I have said, we have had the case made here that the smaller and more compact constituencies lead to greater local knowledge and efficiency. There is no need for me to repeat the arguments at any length. To those who see great virtue in PR itself I would suggest that my amendment should satisfy them because it contains the principle of PR. I can imagine somebody saying that what I propose is not, in fact, PR. I disagree. Ideally, PR in its absolutely pure form should in fact consist of one big constituency for the whole country having 144 seats and anybody obtaining a quota would be elected, no matter from what part of the country the votes were obtained. This is obviously impracticable and unrealistic. In fact, the constituencies as far as I can recollect were originally seven-seat constituencies and nobody suggested that although this was not PR in its purest form, it was not PR. Quite obviously it was. Later, the constituencies were reduced from seven to five seats and some to four, and in time some four-seat were made three-seat constituencies.

What I am proposing is that we follow this development to its logical conclusion and reduce the three-seat constituency to one-seat constituencies and keep the PR principle by having the alternative vote. That would end the argument about the type of voting and whether we should or should not retain PR. It would then become an argument as to whether we wanted single-seat constituencies or larger areas. I think it is obvious to Deputies that the smaller and more compact constituency has much to recommend it and nothing, that I know of, against it. The Constitution itself, on the matter of voting for the President in Article 12, section 2, subsection (3) says:

The voting shall be by secret ballot and on the system of proportional representation by means of the single transferable vote.

I am advocating what is already written into the Constitution. There is nothing against it in principle. It is described as PR with the whole country as one constituency and there is one seat involved. Reducing the size of the constituency and retaining the same principle we do not alter the intention and there is no change of ideas involved. It is merely an extension of the same principle.

We have seen that for the purpose of the election of President the system of using the country as one constituency is quite acceptable, and if we can accept this system in voting for the President, why not in voting for Deputies? We cannot be both for and against the same principle at the same time. The amendment I am proposing is not obviously what the Government would wish. They have indicated that they would like the straight vote and the single-seat constituency. Neither is it what the Opposition want. They want the multi-seat constituency and PR methods. But mine is an honourable compromise, and I mean honourable. I do not accept that it is infra dignitatem for a Government to change its mind; rather the reverse. What I propose in my amendment is a happy compromise, the best of both Government and Opposition points of view.

Whether the change proposed in the present Bill would or would not be carried in a referendum is open to speculation. Nobody at this stage can give a definite answer but it is reasonable to assume that the result would be pretty close. When we last had a referendum on this issue, I think there were only 33,000 votes out of 900,000 in the difference, a matter of two or three per cent, which is very small. Whoever won, there would obviously be a very large body of opinion dissatisfied. I believe, both from the comments I have had from people and the many letters I have received on this issue, that my amendment would meet with approval by the vast body of public opinion. One of the complaints by the Opposition Parties was the waste of valuable Dáil time which could be better used in debating the other more pressing issues before the country. This complaint, in itself, would be removed. This debate which promises to be long drawn out and largely futile would end on a peaceful and harmonious note, to the national advantage.

Politics, I have been led to believe, is the art of making the idealistic into the practical. Compromise is its life-blood. Support or otherwise of my amendment would show us who is prepared to put the national interest above Party interest. I ask Deputies on both sides of the House to put aside personal considerations and to support the single seat and the PR method of voting. We in this country for all too long have been divided. If Members of this House accept my amendment, then we can unite the country on this important issue. We can always be proud that when the moment of truth came, we did not find ourselves wanting, that we chose Ireland.

I do not like to interrupt Deputy Norton but I do suggest that the matter be kept in order. There is no amendment before the House. There is a Bill.

I have already pointed out that fact to Deputy Norton. The House will, no doubt, get an opportunity of discussing the amendment relevantly. It is not relevant at the moment.

Very well, a Cheann Comhairle. I have indicated in broad outline the reasons which move me to support this Fourth Amendment and I have indicated, whether in order or not, what I propose to do to try to reach a happy compromise between the two sides and this we can discuss again on Committee Stage.

Before I conclude, I should like to make a few observations on the Third Amendment, which is the tolerance issue. On this Third Amendment, I have no hesitation whatsoever in supporting the Government's proposals to give slight preference to rural areas as distinct from urban areas. I represent a rural area—Kildare, part of Meath and part of Westmeath—and I feel that I would be disloyal to my constituents if I did not try to protect their interests. Today, there is a drift from the land to the cities and towns. This is a worldwide phenomenon and there is nothing specially noteworthy about it in Ireland, but it is occurring. We, unlike many other countries, are principally an agricultural country. For us more than for most others, it is important that we should not have a Parliament which is dominated by urban-minded Deputies. It would be a sad day for this country if we had the Dáil here controlled by Deputies who were elected by city and urban areas. We can imagine the scant sympathy and support the farmers, the rural population generally and the agricultural industry in particular, would receive should this situation come about.

There are also the hard practical facts of life. I represent an area which runs from Rathcoole just outside Dublin down to Athy and across to Mullingar—roughly 50 miles by 50 miles by 50 miles—triangular. It is not possible to cover an area of this size adequately. It is all right for city Deputies to talk about multi-seat constituencies because in their case a constituency might consist only of a mile or two by a mile or so, but in rural areas where the territory involved is enormous, and where constituents are just as entitled to see their Deputy frequently as are the constituents in any city, unless the Deputy is to be on the road morning, noon and night, this is impossible. Dividing the five-seat constituencies would make the Deputy much more easily available to his constituents. If we are to give effect to this, in fact, we must have some form of tolerance in the country areas as distinct from the city areas.

As I have said, the rural population is dwindling. Every year, approximately 10,000 persons leave the land. Some of these are small farmers, and some are farm labourers but the overall effect is that every year about 10,000 persons with a rural mentality and rural understanding of life are leaving the land and this is approximately equal to one Deputy per year. So the net result is that each year we have one less Deputy who understands the rural way of life and one more Deputy representing city interests. We have seen estimates that by 1980 the population of Dublin will be approximately 1,000,000. The estimates for the other cities are also forecasting large increases. This is something which I do not believe it is possible for any Government in this country to stop. It is one of the things which will inevitably continue. Other countries have helped to deal with this problem by giving this tolerance in rural areas which our Constitution does not allow.

I feel that in this Bill we are, in fact, giving effect now to something which we should have done years ago. It has been suggested by some Deputies that this rural tolerance applies only to counties in the west of Ireland. This has been mentioned and, quite obviously, this is one of the important factors that gave rise to this Bill, but, in fact, as the Bill stands, this applies to all rural areas not just to western counties and any Deputy who represents a rural area, I would suggest, has a duty to his constituents to see that they are not outvoted by cities in a few short years ahead, has a duty to protect rural constituents against the vast hordes building up in the cities.

I hope that any Deputy from a rural area who may decide to vote against this Bill will make it quite clear to his constituents what he is doing and why he is doing it; that he will be honest and brave enough to tell them that, in fact, he is putting his Party interests above their interests, so that at the next election, they may give him the reward he undoubtedly will deserve. As far as I personally am concerned, I intend to put the interests of the people of Kildare before any other considerations and for this reason I intend to support the Third Amendment.

An eminent citizen of this State, in this city, when he heard of the proposal of the Government to try to do away with the principle of proportional representation and the principle of one man, one vote, passed the comment: "If they want it, it must be wrong." The late Deputy William Norton had a very much more picturesque way of describing a situation confronting the country, a formula by which he tested any Fianna Fáil proposal, or any proposal coming from the Fianna Fáil Party. He said: "What is good for the hounds, is not good for the hare." It will be apparent that what the hounds, in the shape of the Fianna Fáil Party, want in these proposals is certainly not good for the hare, in the shape of the Opposition. I hope to make it quite clear before I sit down that the purpose of all these proposals before the House is to secure political and material advantage for the Fianna Fáil Party in Government.

We have two proposals before the House, one of which is the Third Amendment of the Constitution dealing with the endeavour either to do away with or very seriously to erode the democratic principle of one man, one vote. The purpose of that is quite obvious. The voting power of the rural areas at present has been gravely interfered with by the emigration that has taken place over the years under the Fianna Fáil Government and they see that their voters are going over to England and elsewhere, and consequently the number of votes they are likely to get in western counties is going to be seriously interfered with. They tried before, in another direction, to get the rural votes which they have lost when they announced with a flourish of trumpets that they were going in for a policy of decentralisation and were going to send civil servants down to the West, in order to secure as I suggest, and this is quite clear, some political advantage by way of votes among the people there. They were going to get them by uprooting these people and their families in breach of their legal rights. If they had legal rights, it would be against them, in their relationship of master and servant. It is the same purpose that is at the back of the Third Amendment: there is no shadow of doubt about that.

The proposal in the Bill to give a one-sixth tolerance is quite anti-democratic. I will have occasion later to refer to the provisions of the Constitution and to compare them with the Constitution of the United States of America in this connection. It is both against the principles of democracy and also against the principle of Article 40 of our Constitution which provides for equal rights for the individual before the law. The proposal is designed to give some citizens in some parts of the country 40 per cent more Dáil representation than others who live in other districts. Under the Bill a population of 16,667, to give an example, in one area will be entitled to a Deputy, whereas in another area, 40 per cent more, 23,333, may be required. Therefore a population of some 116,669 could be represented by five TDs in one area and seven in another, giving the citizens in the second area 40 per cent greater representation, or influence on legislation, than the citizens in the first area. This undemocratic procedure is designed——

It is not correct.

——further to increase——

It depends on the number of children.

——Fianna Fáil control of the Dáil. Taking it in conjunction with the proposal in the Fourth Amendment to do away with the principle of PR, they will be able to secure a Dáil majority with a good deal less than 40 per cent of the popular vote. These are statistics with which the Minister may deal when he gets the opportunity. They cannot be controverted and they speak for themselves. At present in a number of counties in the west of Ireland, including Kerry, Clare, Galway, Mayo, Donegal and Sligo, Fianna Fáil have barely one-half of the seats, 21 out of 39. Under the proposed "first past the post" system, as it is called, Fianna Fáil claim they will secure three-quarters of these seats in defiance of the wishes of the electorate in these areas. In this way their hope is to increase their artificially inflated Dáil majority still further so that with a good deal less than 40 per cent of the popular vote, they can control the Dáil. That is the effect of the proposal before the Dáil, which is masquerading under the guise of democracy and still worse, pretending that it is going to confer some benefit on the rural constituencies.

Article 40 of the Constitution provides that "All citizens shall, as human persons, be held equal before the law." That principle of equality before the law is even more emphatic than the principle embodied in the 14th Amendment of the Constitution of the United States of America, equality of citizens before the law. That principle of equality before the law which is embodied in the 14th Amendment of the Constitution of the United States was the basis of a decision by the Supreme Court just four years ago declaring to be unconstitutional the position in numerous states in the United States where certain rural areas had greater representation than urban areas and in effect, stating that if the legislatures of the states concerned did not put that matter right, the Supreme Court would put it right for them. That was undemocratic and contrary to the provision of equality before the law.

This amendment, which is being put first before the House and then before the people, is contrary to Article 40, contrary to the principle of equality for individuals before the law. Let them pass these Bills as they are at present and let them be put as part of our Constitution and I believe they will still be open to argument. Of course one cannot anticipate what the final judicial conclusions would be, but it will still be open to argument that the Bills as they stand at present will be unconstitutional under Article 40, not-withstanding the new provisions, as being in breach of the equality rights of individuals before the law.

I said that the principle of equality before the law was one of the great principles of the Constitution of the United States of America. The drift of population from the land to the towns became very great in a number of the states in the United States. Deputy Dillon referred to this aspect and to some of the states involved. There developed a constitutional struggle which was finally solved by a judicial struggle in the courts of the United States by what was called in America, very graphically, the cow vote, the rural vote of the cow legislators. The cow vote was not of any greater sanctity than the ordinary vote of the individual in the cities and the towns. That principle was given effect to by Earl Warren, Chief Justice of the United States of America, in the case of Reynolds and Synge and the quotation I am about to give is taken from the book Warren, the Man, the Court and the Era by John D. Weaver. Earl Warren resolved this problem in the year 1964; some of the principles he laid down in the course of his famous judgment are based on the same principle as that enshrined in Article 40 of our Constitution and are peculiarly applicable and appropriate to be considered in relation to this Amendment No. 3 of the Constitution, or the cow vote in the rural areas of Ireland. I commend for the consideration of independently-minded Deputies, if there are any such in this House, this statement of the Chief Justice:

A citizen, a qualified voter, is no more nor no less because he lives in the city or on the farm.

Why should he, since it is the constitutional right of every citizen, have greater voting rights because he lives in the country instead of in the town? We have equality before the law in our Constitution here.

Mr. Justice Black of the Supreme Court of the United States commented in another case:

We cannot believe that it will make the old ship of State slip one knot for this Court to say that, in choosing their representatives, the people should have one vote for one man as nearly as that is possible.

He then quoted Justice Holmes Wilson of Pennsylvania, who took an active part in framing the American Constitution. This is what he said:

All elections ought to be equal. Elections are equal, when a given number of citizens, in one part of the state, choose as many representatives, as are chosen by any other citizens, in any other part of the state.

The one man, one vote principle was reaffirmed on June 15th, 1964, when Chief Justice Warren gave judgment in Reynolds and Synge. He then made this significant and very relevant statement:

Legislators represent people, not trees or acres. Legislators are elected by voters, not farms or cities or economic interest.

Later, in the same judgment, he said:

Representative government is in essence self-government through the medium of elected representatives of the people and each and every citizen has an inalienable right to full and effective participation in the political processes of his state's legislative bodies. Most citizens can achieve this participation only as qualified voters to the election of legislators to represent them. Full and effective participation by all citizens in state governments requires therefore that each citizen has an effective voice in the election of members of the legislature. Modern and viable state government needs, and the constitution demands, no less.

I said that the purpose behind this is to gain extra votes for Fianna Fáil in rural constituencies. I have shown by reference to our Constitution and the Constitution of the United States of America the broad basic principle underlying equal rights of all citizens, irrespective of whether they are citizens living on farms or the members of a gang on a building site in the city of Dublin.

I hope this Bill will be rejected by the electorate. It is unacceptable in principle. It is wrong from the point of view of the public interest. I do not know how it came about that these Bills were divided into two. They were originally supposed to be a package deal. They were unpackaged later. Why part of the second package was not put into the first package I do not know. It would certainly be more appropriate there. The Third Amendment deals with the so-called principle of tolerance. There is provision as to what is to be taken into account when constituencies are being delineated. But the real nub of the problem arises in the Fourth Amendment, the proposal to abolish proportional representation. Detail after detail is stuck in, dealing with the setting up of a Commission. These details, so far as they are relevant at all, should be in the First Bill. I cannot understand how a judge will ever be able to mark out constituencies in accordance with the provisions of the Third and Fourth Amendment. There is no guiding principle, no guiding headline, as to what he shall do.

The Taoiseach introducing these measures referred to a suggestion I made nine years ago when similar measures were before the House. I suggested then that, instead of putting into a Constitution Amendment details more appropriate for law, they should settle the principles and leave the details to be settled by law. The Taoiseach said the Government had considered that but could not see how they could carry it out. I do not care whether or not they could see, but, since they have not done it, this Bill will, in my view, be of no effect whatsoever. There is nothing to guide the judge. If there is disagreement, the judge will decide. I can imagine no one less qualified to settle constituencies on the basis of political considerations than an independent judge unless he has some principles to guide him. There is none in either of these measures of sufficient validity or in sufficient detail to give him any information as to how he should discharge his duty, should this Bill unfortunately come into operation.

After a lapse of nine years, we are here once more considering a proposal to abolish proportional representation. Nine years ago I spoke in this House and throughout the length and breadth of the country in condemnation of the proposal at that time. The proposals were examined in complete detail by the members of the Labour Party, particularly by Deputy Norton, and by myself and others. I do not think there is any obligation upon me at this stage again to go through the variety of arguments on and the refutation of every point that was put up in favour of the abolition of PR. I hope my public duty will have been discharged when I merely give an outline of some of the matters that must affect voters. I would not be inclined to refer to the 1959 volumes in which this debate is recorded, were it not for the fact that there are some young voters coming up, aged 21 or 22, who will be voting for the first time now perhaps and who would have been only about 13 or 14 when this discussion took place.

Looking down through some of the speeches I made and the arguments I put forward and trying to cull from them the most important ones I had put here, I came across a statement in which I must confess I was wrong. On several occasions I did say in various parts of the country—I do not think I said it here in the House—that I believed that if the people turned down these proposals, that would be the last they would ever hear of the proposal to abolish PR. I misread my friends, the Fianna Fáil Party: I was wrong. Here they are again trying to do the same thing as they failed to do. There is not one argument or one pretext that was used on the last occasion that has not been used on this occasion, and no other. There is not one additional reason adduced. I was wondering if we could hear some whisperings from across the Front Bench to the effect that the people have no right to do wrong—shades of the past—that they have no right to turn down this proposal of the Fianna Fail Party. We thought this case was closed, but we did not reckon on the single-track, narrow gauge mentality of the Fianna Fail Party. I have listened to Deputy Norton stating here today that politicians should change their minds.

I did not say that.

Could change their minds.

Anybody can change his mind.

Except fools or the insane.

Sometimes it is the duty of politicians to change their minds.

Hear, hear.

But such a change should not be made except for cogent national reasons, and certainly not for the reason that is behind this proposal, that they can no longer count on securing a Party majority. That is my interpretation, and I stand by it, and that is the interpretation we put upon their action nine years ago here in this House, and it can be seen in the speeches that were made here. That is what the people thought it was and that is what I hope they will still think at this referendum, that Fianna Fail are trying to secure by artificial means the majority which they are afraid they might not sustain under the present system.

The people will be consulted, as they are entitled to be consulted. There is no special reason why the people of 1958 should be consulted and not the people of 1968.

The arguments put forward by the Taoiseach in support of these proposals are exactly the same as were put forward by his predecessor, now President de Valera, in 1959. The then Taoiseach said that the system was complex; there was a lot of queer counting in it; there was a certain amount of chance. I sympathise with that point of view. I mentioned it myself nine years ago in the debate in Dáil Éireann on the Second Reading of the Bill. I would recall the attention of anybody who is interested to the terms of our amendment to the Second Reading of that Bill. We put down an amendment refusing to give a Second Reading to the measure for reasons stated and at the end of the amendment, we recommended that, for the purpose of informing public opinion, an expert commission be established to examine and report on the electoral system.

That has not been done. We said: "Get your mathematicians to look at the rules made under the Electoral Act of 1923. I remember asking the person who formulated those rules where he got them, and he said he made them up. They have worked since 1923. There may be some mistakes in them but they could be rectified. The case of the Government would have been very much stronger if they came in here, having had this examination made by mathematicians or other experts into the principles of PR. They would have seen where the weaknesses were; they might have been able to come in here with reasons for their proposals, instead of talking as the Taoiseach does, about the logic of modern developments. Human affairs do not run to logic. If they did, Germany ought to have won the 1914-18 war, and also the last war.

If this examination had been carried out, the Government might have been able to say: "We had no reasons before except A, B, C and D, but now in addition to those, we have these reasons. The system has been in operation now for 45 years. We have looked at the results arising from the operation of the system at each general election, at each by-election, at local elections and at Presidential elections, and there can be only one conclusion, that this system is wrong." Then they would be in a strong position. They are not able to do that. This system has been in operation for 45 years and they cannot point to one single defect in it.

No speaker so far in this debate has been able to point to anything that was wrong with the system. I was the only one to do that myself on the last occasion this discussion took place. I pointed out that I thought there was some little matter that might be corrected and that certainly should be looked into. I also pointed out, not in this debate but previously, that the system that has been adopted to fill by-elections here was contrary to the principle of proportional representation and was wrong. I pointed out that when, in the second inter-Party Government, we had a pretty substantial majority of 12 in this House, that majority was eaten into by reason of the deaths of people over the years— nine people, I think—so that from a majority of 12, we were brought down to three. That was because of the system which Deputy Norton says he is going to bring in here. That system is not true to the principles of proportional representation and I have heard it argued very forcibly and very cogently by a person who knows what he is talking about that that system was unconstitutional and that all our by-elections held under that system have been unconstitutional and void. That system is not in accordance with the principles of proportional representation.

It is laid down in the Constitution.

I pointed out that the result of the adoption of this system for our by-elections was that the bigger Party got more votes and that the people who were supposed to be protected by the principle of proportional representation were swallowed up by the bigger Parties. I had nine of my majority of 12 swallowed up by Fianna Fáil, simply because the deaths took place in constituencies which lent themselves to that. What happened in the last six by-elections? Fianna Fáil captured Cork from Labour; they captured Clare from Fine Gael and Waterford from Fine Gael; and Fine Gael captured Wicklow from Labour. The system we use at present in dealing with vacancies in local bodies is a far fairer system, that is, where the vacant seat is filled in accordance with the wishes of the Party in which the death has occurred. It is not in accordance with the principles of proportional representation when we find that the seat of the late Deputy Murphy, who got 10,000 votes or thereabouts, is taken up by Fianna Fáil because they happen to have the constituency sewn up to enable them to do that.

That is not proportional representation. Nor is it a fair system. It is probably a system that is quite illegal and it is certainly not a fair one. The Government would be much better employed in looking into that position and trying to find remedies for it rather than saying that proportional representation leads to unstable government when that is against the facts, rather than saying that it leads to government not representative of the people when that is against the facts. There is not one single cogent reason for the proposition they are now putting forward here.

Will the Deputy explain——

I will not listen to the Deputy interrupting me at all. I looked at the Dáil Debates for the day when Deputy Corish was speaking and I think it was a disgrace that he was not allowed to speak without continual interruption. He was not allowed to put two sentences after each other.

What the Deputy is saying is that what happened in the Wicklow by-election is illegal. Will he explain that?

I will try to, if the Deputy will listen. General elections are held on the principle of proportional representation.

And what is the other?

The other is held on the system of the alternative vote.

That is a lawyer's point. In Wicklow, there were six candidates for one seat and in a general election, there would be six candidates for three seats.

If the Deputy will listen, I will try to explain to him. I will not try to convert him because I know he does not wish to be converted. If the Deputy thinks that the point I have made is a lawyer's point, I will refer him to a letter in the Irish Times—I think, on Monday—by Miss Enid Lakeman who is an authority on parliamentary representation. He can spend the money on the paper or he can read it in the Library. She is not a lawyer, nor is she in any way connected with my Party. She sets out the reason why the system of the alternative vote is not in accordance with the principles of proportional representation and she gives facts and figures from British elections to elucidate that point.

Would Deputy Costello read Article 12 of the Constitution?

I am sure the Deputy is capable of reading it for himself.

I am, but why did the Deputy not take issue on this point before?

I did. When I was in office, I said that this system of election was not in accordance with proportional representation, that it was not fair. My majority of 12 went down to three because Fianna Fáil filched the seats of the minority. That is not proportional representation and I was denounced by Deputy MacEntee, of all people, for saying that. Here in the Irish Times there is a letter which verifies my contention of that time that this is not proportional representation. When Deputy de Valera was Taoiseach in charge of putting the present Constitution through the Dáil, he had this very principle which they are now trying to get rid of copper-fastened and riveted into the Constitution. I put down an amendment seeking to suggest that this was too rigid and suggesting that the phrase used in the 1922 Constitution: “Should be on the principles of proportional representation” should be used instead. He said “No”. He wanted it confined and riveted to the principle of the single transferable vote while I wanted to leave it a little more flexible. He insisted on putting this rigid system of the single transferable vote into the Constitution.

I wonder do Deputies remember the rumpus kicked up in this part of the country in 1927 or 1929 when the Northern Ireland people were taking out of the Government of Ireland Act, 1920, the obligation on them to have their elections under proportional representation? We raised Cain down here at that time, and properly so. That provision was put into the Government of Ireland Act, 1920, by the British Parliament in order to safeguard in some way not merely the Catholic minority in the North but also the Protestant minority down here in the South. It was taken out of the system in Northern Ireland by the British Parliament and since that time the Catholic minority in the North have had little chance of getting proper representation in the provincial Parliament of Northern Ireland. The result of that decision was that it froze the pattern of political life in Northern Ireland as it stood 40 years ago. Any time there is an election now, even in a constituency at one time regarded as a safe seat for what were then called the Nationalists, all the Unionist Party have to do is to get somebody to go up and split the votes of the minority and the Unionist gets in. That is the system we want. Once you split the vote in the single-seat constituency, put up a stooge, there is an end to anybody having any chance against the official candidate.

Apparently, we now are going to say that Northern Ireland did right in 1927 or 1929 to deprive the Catholic minority of the North of their right of representation as a strong minority in the Northern Ireland Parliament and that we should do it now. I certainly will not subscribe to that. The Catholics in the North are getting very little, even though they have gone a long way and even though the Taoiseach has gone across the Border several times and the Prime Minister has been down here several times. How much influence had to be brought to bear on the British Lord Chamberlain to get a Catholic appointed to the judiciary in the North? That is the result of doing away with it in the North. Is that any guideline to us to do away with it in the South?

We stand and have always stood since 1922 for a representative Parliament, a Parliament in respect of which the voters will be electors and not merely voters, will have a proper choice in the candidates they wish to vote for and will have two, three, four or more, if necessary, TDs who will go into a Department, write letters to a Department, attend meetings and look after their constituents' interests. I certainly would not like to consider their position under the first-past-the-post system where a man with one more than 50 per cent of the votes gets in and all the rest are disfranchised. Every one of the others has to go with his hat in his hand to the fellow who is in who will probably tell him to go and have a jump at himself: "You did not vote for us the last time." Under the proportional representation system, they have their own Deputy who will look after their interests because he is put in to represent them. Under the proportional representation system, we have a really representative Parliament, formed from the people, bringing the people close to the Parliament and not the position where you will have somebody with less than 40 per cent of the vote with a very big, artificially inflated majority in the Parliament.

This system of proportional representation, this part of the voting system affected by the Third Amendment of the Constitution, is part of the structure and fabric of the State. I have the respectable authority of Edmund Burke to sustain me in my belief and contention that no person should venture to pull down any edifice or any fundamental part of the structure of the State, which is serving tolerably the common purpose of society, without infinite thought and infinite care. What thought has been given here to this? They dug up all the old arguments and brought them forward again. There is not even a new look about them—all the same old stale clichés we all dealt with nine years ago in this House and up and down the country all over the place.

I would like, first of all, to bring Deputies here, and some of the younger people in the country, to the realisation that this is an Irish system. It is our system, adopted by this House, conceived by Irishmen for Irishmen and to suit Irish conditions. We are asked to adopt a British system we do not know anything about as far as its operation in this country is concerned. The present system was conceived and designed by Irishmen for Irishmen to suit Irish conditions. It has had its roots even away beyond the establishment of the State. It comes out of our own conditions. It was created in this country and sustained here in Irish tradition over the years since it became an actual practical realisation. We felt it was the best system for our own peculiar problems and our own concerns.

On the last occasion when this matter was being discussed here, the present Minister for External Affairs—I forget what he was then—suggested it was the British imposed this on us. We answered that in Volume 172 of the Dáil Debates. May I quickly and succinctly refer to some of the matters to which I directed attention at that time? It is of importance that this thing should not be got out in any sort of way that conveys a wrong impression. As far back as 1911, Arthur Griffith declared that the principle of proportional representation is the one just system of election in a democratic Government. In the issue of Sinn Féin for January, 1911 — I quoted this at column 1009 of Volume 171 of the Dáil Debates. He said this:

We believe the strength of the Irish Legislature will reside in its including from the beginning representatives of every section of the nation. We desire to see the evil growth of political bossism checked under Home Rule and every section of the community given free speech in an Irish Legislature.

In a further issue of Sinn Féin of 25th February, 1911, he wrote:

PR secures that the majority of the electors shall rule, and that the minority shall be represented in proportion to their strength. It is the one just system of election in democratic government.

That was Arthur Griffith. The Proportional Representation Society of Ireland secured its inclusion in the Home Rule Bill which was passed through the British House of Commons in 1912 and it formally became law on the outbreak of war in 1914. It was also put in the Government of Ireland Act, 1920. In 1919, it was used at the express request of the local people in Sligo to deal with a local situation that existed then, it having been put into operation and having given complete satisfaction. Mr. de Valera gave it his approval at that time, as he did in 1927, and I am sure he had very eloquent words to say when the Northern Ireland Government took it away from the Government of Ireland Act in 1920 and left the Catholic minority to the tender mercies of the wonderful system of first past the post. I have already indicated this and I will not go through it again. He insisted on this particular system being riveted in any system of PR. He would not leave any elbow room at all. He insisted that this system should be inserted into the Constitution of 1938. It is there now. He tried to get rid of it. He made his effort in 1959, but it was unsuccessful. His successors are now trying to get rid of it again, and I hope they will be equally unsuccessful.

Arthur Griffith was still alive in 1922. He did not remain alive very long, but he had something to do with the Constitution and with General Michael Collins, he directed that it should contain the principles of PR. That did not copperfasten the de Valera system. It left elbow room. Mr. de Valera insisted on this rigid system being adopted. People who were alive then knew the conditions that existed before 1922. It was essential that we should have this principle of PR at that time. It is hard to understand now, in these ecumenical days, the fierce hatred and bitterness that existed in this country between what were known as Unionists, Nationalists, Sinn Féiners and all the rest, prior to 1922. I remember a famous newspaper advertisement headed: "A call to Unionists", issued before the Treaty. Protestants were genuinely convinced that if anything like Home Rule were given —not to talk of the great measure of independence we got—they would be destroyed. We heard talk of Rome Rule, that their religion would be destroyed, and their businesses and property taken away. They felt that genuinely. In order to meet that situation and to show that they would be entitled to a square deal from the new Government, this was put in by Collins, Griffith and O'Higgins as part of our political life. It has remained there ever since and has worked very well.

I saw this Dáil from 1922 up to the present. I saw Party after Party being formed. I saw representatives of the business community as Independents, and I saw representatives of Trinity College and Protestants sitting in this House. The Cosgrave Government gave them fair representation in the Seanad. The result is that there is now no whisper from anyone that anything could happen to the Protestant minority in this part of the country. It was a very serious problem at that time. It was part of our principles that we should give fair representation to the minorities. The Protestants were only one minority: there were various others. As I said, I saw Party after Party going through this House. I saw the National Party. I saw the Labour Party which gave great service to the country in the first years of the State. I saw the National Labour Party coming up before Kevin O'Higgins was murdered. I saw the Farmers' Party, the ordinary workers Labour Party, Clann na Poblachta, Clann na Talmhan and the National Democratic Party. They are all gone. This Parliament is still here and still stable in spite of the fact that it was put up by Mr. de Valera and others that the system leads to unstable Government.

I want to pause for a few moments to give some indication to this House and to the country of the effects of the British system we are asked to adopt here. Let me recall in this context what the Taoiseach said. He referred to the impressive array of old-established states like Great Britain, the United States of America and Canada that have this system of first past the post. The British system of election in its actual operation in other countries has demonstrated that that system can produce a Government which instead of being a reflection of general public opinion represents a minority of such opinion and in fact exaggerates a minority into an inflated majority. I gave some examples of elections in England in a speech I made on the Second Reading of a Bill like this before.

As reported at column 1022, Volume 171 of the Official Report, I referred to the situation which existed in the years 1911 and 1912. I was a student at that time and I remember it well. There was a great fund of excitement and anxiety. The Home Rule Bill was at last going through the House of Commons. There was a Liberal Government which had been elected on the first past the post system which should have been a stable strong Government with a big majority, but the Government had not got it. They were depending upon a few Labour men and a few Irishmen to keep them in office. Every vote counted. They had to face by-elections with almost disastrous results. There were three by-elections. I shall quote what I said then:

There were three by-elections within a short space of time and in each of three constituencies that I am taking as examples, the Home Ruler as the person pledged to vote for Home Rule was the sitting Member of Parliament, and this was the result. At Oldham in Lancashire on the 13th November, 1911 the anti-Home Ruler got 12,255 votes: the Liberal Home Ruler got 10,623 votes; the Labour representative who supported Home Rule got 7,448 votes.

So, the two pro-Home Rule candidates in this first past the post election had nearly 19,000 votes whereas the man who won the seat and wanted to vote against it got 12,000 odd votes. This is the system we are being asked to adopt. It produced a result of that kind and will still produce it. I went on to say:

The anti-Home Ruler got in with a majority of something like 6,000 votes. That meant a difference of 2 in the British House of Commons.

I went on to give another example:

At Crewe in Cheshire on the 26th August, 1912 the anti-Home Ruler got 6,260 votes. The Liberal Home Ruler got 5,294 and the Labour Home Ruler got 2,485.

The anti-Home Ruler got in although there was a very good majority against him. Another example I gave was Midlothian (Edinburgh) on 10th September, 1912. The anti-Home Ruler got 6,021; the Liberal Home Ruler got 5,989 and the Labour Home Ruler got 2,413 votes. Again, the anti-Home Ruler got in on a substantial Home Rule vote.

I took these two examples as being startling examples that might bring home to the people what they are asked to do. That is why I repeat them here. But you can still get examples if you have the industry and resources to go through the various election results in England. In the 1945 election, which I think was the one that knocked out Churchill and put in the Labour Government for the first time, the British Labour Party got a nearly two-to-one majority over Churchill in that election in the House of Commons and they had only 48 per cent of the votes. One hundred and seventy-seven Members were elected with fewer votes than all their opponents combined and all or any of these 177 results could have been changed if the votes of the bottom candidate could be transferred. That is a fairly recent result.

Very small shifts in the voting pattern under this first past the post system can produce quite disproportionate changes in the composition of Parliament. Thus a one per cent increase in a Party's vote can give it three to four per cent more seats in Parliament and a one per cent drop in votes can similarly lead to a three to four per cent drop in the Party's strength in the Dáil. Under this system an opposition securing 60 per cent of the votes can quite easily be deprived of the opportunity of forming a Government under the straight vote system.

The figures I have mentioned put beyond all controversy that a Party by reason of the operation of the straight vote system can, by securing merely 40 per cent of the popular vote, secure 60 per cent of the seats in Parliament. That is not a system I would recommend for this country, particularly, as I said some nine years ago, when you are asked to take a leap in the dark. You do not know what you are facing into. Nobody can give even an approximate forecast of what the results will be in the election if this changeover takes place except that there will be undoubtedly a disproportion between votes cast by the electors and the seats secured by any Party in the Dáil.

It would not be proper for me to pass any comment upon the Mother of Parliaments, the British Parliament, but I think I am entitled to comment on the operation of that Parliament in the last few years in its relevance to this context of the competition, if I may put it that way, between the straight vote and the PR system. Going back a little before the present Parliament, the history of that Parliament and the working of the British system clearly show that it has not consistently given the government desired by the majority group of voters, nor has it led to the avoidance of coalitions. We all know that the examination given to the matter here is out of date, since it was made nine years ago, but it may be more obvious and striking now to point out that 2,600,000 Liberals were able to get only nine seats in the House of Commons; the rest of them were disfranchised under this system, in eight of the ten general elections prior to the consideration of this matter here in this House, prior to 1959. The majority of the seats in parliament went to a party with less than half the votes. During the 62 years prior to that, over 70 per cent of the British Governments were coalition governments.

Does anybody think that we would be happy here if we had the situation that is confronting Mr. Wilson and his Labour Government at the present time? Although the British Labour Party got an overall majority, having got only 45 per cent of the votes in 1945, nevertheless from that on when they were put out there was a series of governments, Tory and otherwise, that were hanging on, as we would say, by the skin of their teeth. Certainly, there was the sort of thing which Fianna Fáil would say was the kind of parliament we would expect from PR. But it came out of the straight vote and there were coalitions when governments, not able to get in with a Party that had an overall majority, relied on other Parties for support. This is the sort of thing that it was alleged you would be likely to get from PR but in fact you did not get it from PR but you got it under the straight vote system in England.

Look at the present Labour Government in Britain. They formed a Government with a very clear majority of about 84. Everything seemed grand for them; they had a clear majority and nothing to stop the Labour Party from doing what they wanted. Did they have a happy time since? I would say, to use the phrase used by Deputy Norton, that the situation has been very yeasty and very uneasy since Mr. Wilson came into office. I have the utmost sympathy with him and I am not criticising them at all. They have difficult problems to meet, difficulties in world conditions and economic conditions at home and abroad. Yet they have a clear majority and it would be argued here logically, I suppose, by the Taoiseach that if the Government have a clear majority in the House, they are perfectly happy and can meet any situation and solve any problem.

But the British Labour Party are very far from solving any problem. While they may not have a very solid Opposition, they have a very solid Right and Left conspiracy in their own Party when they are facing difficulties. That is the system we are asked to adopt here, to get this Parliament into something like the situation the British Parliament has been in since they got a clear majority in the last general election. That is a very broad outline of the British Parliament that was referred to by the Taoiseach in his opening statement in introducing these Bills, the old-established and old reliable British Parliament, the Mother of Parliaments, under the straight vote system. It is not a very happy result from that system, to put it mildly.

Then he referred to Canada. In Canada, the Liberal Government had, in 1953, only 48 per cent of the votes but it had a two-to-one majority of the seats. I do not know how that squares with the question of equality and fair representation. Certainly it is not our idea of a representative parliament. But, at the following general election they were overwhelmingly defeated by the Conservatives who polled fewer votes than the Liberals. That is Canada, that he holds up to us as a prototype to follow. The Liberals were defeated at the general election by the Conservatives with fewer votes. In the very short time that they have had this much vaunted system of first past the post, they have had a coalition in the present government and for some time past in Canada. So that the examples the Taoiseach took in recommending that system to this country fall apart in his hands on examination.

There is also the contention—I think it was put forward by the Taoiseach and certainly by some of the speakers since—that the system of proportional representation entails danger of a Government Party not having a majority of the seats in the Dáil, not being able to carry on a government. That contention is belied by the record of this House. Only four times have Fianna Fáil ever secured an overall Dáil majority but for 24 of the 41 years since they entered the Dáil, the country has been governed by Parties which did not secure a majority of the Dáil seats at the preceding general election and for 13 of these 24 years of non-majority governments the Government Party was Fianna Fáil. And yet, they come in here and say that this system leads to unstable government. We have had more stable government here since 1922, in spite of the Civil War and the revolutionary times that we went through for years afterwards, in spite of change of government and all that was involved in it when Fianna Fáil became government, than any other country in the world under the system of proportional representation.

They then fall back on this thing that we are to have a lot of Parties and that proportional representation leads to a lot of Parties. It leads to representation of minorities and if they are strong enough in the country then they get representation, as they are entitled to, in this House because this is a representative Parliament, or ought to be and certainly is under this system of proportional representation, as it would not be under the straight first past the post system. Under the present system we have had governments which remained in office on majority from 1922 to 1932. The people then voted for a change and the Fianna Fáil Government came into office with majorities at each election which held them in power from 1932 to 1948. In the 1948 election the people did not give a majority to either of what have been termed the big Parties and from that decision came a uniting of Parties in inter-Party Government. After two periods of inter-Party government, the people again gave a decision in favour of Fianna Fáil, giving them a substantial majority in the Dáil and, in 1957, they gave them 78 seats—an overall majority. In 1961, they had 70 seats and, in 1965, 72 seats.

What is wrong with that? Why is the country to be put into turmoil to do away with a system that produces those results and gives the most stable government in Europe, not to say Europe and America, not to say the world? Why the necessity for the change? We all know that Fianna Fáil are now afraid that because of the changing views of the younger people who are coming up to vote, they can no longer rely upon the allegiance of Fianna Fáil of the Civil War and there are not enough jobs to go around to bribe the rest of the voters, as is their habit.

We have held the view and, in so far as we could, have put it into effect, that the guiding principle of the Constitution under which this country would be governed should be the principle that Parliament shall be a representative Parliament and not merely a machine for creating an all-powerful Government—which is what is achieved under this system of the single vote. Election to this Parliament, under the present system, has had, and still has, the fundamental purpose of securing the rights of minorities. We have always stood for that principle and that is the principle we commend for confirmation and continuance in this referendum. It is a system that is peculiarly fitted to safeguard those rights and liberties without which a free democracy is nothing but a sham.

There is more to government than merely securing the election of a government so powerful that it will, as all such governments in history have done, govern at their whim to the detriment of minority rights and individual liberties. It was all the "yes-men" of Hitler, Mussolini and Stalin that destroyed liberty in Germany, Italy and Russia in the past 35 years. It is vital, I believe—and we on this side of the House believe—in the future of this country that this referendum should not produce a nation of "yes-men".

Over all the range of policy and government, the fundamental case against Fianna Fáil is not their mismanagement of the economy, bad as it is; their system of government by gimmicks; their lack of any consistent or fruitful endeavour in agricultural and social affairs; but, rather, their debauchery of public life. Now, the Party seek further to limit our powers of expression and protest by attempting to exclude minority opinion from Parliament itself, the democratic arena where not alone the general opinion of the nation but that of every section in it should be voiced and listened to, where free inquiry in debate can compel the justification of any act which is the subject of question.

It is difficult to see what is the purpose of these proposals that are put before the Dáil now and will subsequently be put before the people. They were defeated some years ago in a referendum, free and deliberate, of the people. I thought we would see them no more and would hear no more about them, that they would have learnt their lesson. That is not so. We are now here again facing an unnecessary disturbance in the public life and economic life of this country at a time when this country cannot afford to be disrupted in its economy or to be diverted from its efforts to bring back the country to an economic level and to improve it. We cannot afford that now. There is no reason why we should not have gone on as we were before. There is no reason why they should not have taken the lesson learned at the last referendum, except that they are afraid now that at the next general election they will lose their seats because of the drop in their voting power, and perhaps because of the oncoming of Labour.

We think it is the duty of all sections of the community to unite for this purpose, to defeat these proposals of Fianna Fáil. We do so, not in the interests of political Parties, Fine Gael, Labour or anybody else, but in the interests of the people, the interests of the country. We believe, as we believed some years ago, in 1959, when we persuaded the country to defeat Fianna Fáil at the time they were led by their "magic" leader, Eamonn de Valera. We defeated them at that time. I thought we would never see another proposal of this kind in my lifetime. They must be afraid again of losing their hold over the country and over their jobs. Therefore, in my view it is essential that both Parties, Labour and Fine Gael, as well as Independents should join together to put this Government out, to defeat them on these proposals and to secure that we would have again a Government who would at least have principle and not be guided solely by expediency or jobbery, and that they would bring back some decency and prosperity to the country.

Questions have been repeatedly asked in this debate why it has been thought necessary to put this question to the people at this juncture. It seems to me that the answer is a very simple one because I take it that you could only do it when one Party has a majority. I would find it difficult to believe that you could get agreement with other Parties about putting something like this to the people because it becomes so politically tinged and politically biased that the real issue is completely clouded. After all, what is this? It is a referendum and in a democracy, far from being evidence of a dictatorship, surely a referendum should be welcomed at any time, if the issue is important enough, because what it is doing is asking the people to make a decision on some matter—the people and only the people, and not the Dáil or the political Parties. Surely there is no more democratic exercise than that?

It has been said in this House that this is purely a political matter. As public representatives, we know very well there are at least two sides to every story, and sometimes more, and therefore there are arguments for and against. Therefore it is our duty to put the case as clearly and as impassionately and impersonally as possible to the people, to show them both sides and to explain the difficulties to them and then let them make their choice. Undoubtedly everybody in this House should be biased in favour of the present system in some way or other because we have all been elected under the present system. For that reason it is a quite natural reaction that we should favour it.

The last speaker could not understand why the matter should go before the people. He felt that we had heard the last of it after the last occasion. Surely the fact that Fianna Fáil have been in power since then, and still think it necessary to go before the people goes to prove that they consider it is a matter of vital importance for the people and the future of the country? If Fianna Fáil had been out of office in the meantime and had just returned to power and wanted to do this, then I could see some sense in the case being made, but certainly because of the way things have gone, I cannot see any sense in it. I do not subscribe to the argument that because the proposal was rejected by a small majority nine years ago, the people who have now come to voting age and have an interest in the country's affairs should not be given the opportunity of deciding one way or another.

In regard to the Constitution about which we hear so much, I am old enough to remember when it was put before the people and I remember the reception it got from those who are now anxious to preserve every line in it. I was not in the House at the time but I did as much as I could outside to get the people to accept it. It was bitterly opposed by the Opposition Parties. If that Constitution had not been accepted, if it had been defeated, would it have been consistent for Fianna Fáil to have decided that they would never put the Constitution to the people again? If any of the big issues of the last 30 years had been impossible to achieve, if the removal of the Oath of Allegiance, or the removal of the Governor General, had both been defeated, should we never again have gone before the people to say: "We think this is a matter of national importance and that the position should be altered?" It is because we feel so sincerely about this that we keep putting it to the people.

I admit that there is another argument, that there is something good in proportional representation, that there is something good in the transferable vote, but of the three, I believe the straight vote is the best. I believe that the multi-seat constituency is the worst and that it is a curse for a country. I say that from my own experience. I am a member of a multi-seat constituency and I am very friendly both with my colleagues in my own Party and my colleagues from the Opposition Parties, and I always have been, and my opinion has nothing to do with personalities but just that it is a frustrating experience to belong to a multi-seat constituency. Other speakers have given the reasons and I do not wish to delay the House by repeating what has been said about the disadvantages. The last speaker gave reasons why he felt PR was introduced and why it was so successful. I was only a schoolboy when it was brought in. He said it was because the minority were terrified, and said so publicly, of any kind of Home Rule which would leave them in fear of the consequences.

I have no doubt that during its course PR has served its purpose; it has allayed those fears and there are no dangers for the minority. However, it is less than honest to try to compare that with conditions in the Six Counties. In the Six Counties, there was a very different situation. Proportional representation was introduced for the self-same purpose as it was imposed on us but when it was removed, it was very easy to define the areas in which one section of the people lived and in which another section lived. That could not be done here.

In my experience, in Munster, you could not take an area and say: "There are the Fine Gael people; there are the Labour people; and there the Fianna Fáil people," because if you took any three houses, you would probably find the three Parties represented in them. The position therefore is not the same. It is not fair to try to confuse the issue by saying that we are taking the British system and therefore copying what is happening in the North and that we will have all the evils that followed in the North. I do not subscribe to that, nor will any intelligent person.

We are also told that the average voter will not be able to go to his Deputy because he will be told: "Jump in the river; you did not vote for me." There are many people coming to us in Cork and all of them could not have voted for the five of us, no matter what they say, but they come to us and under the proposed system, the man who wants to keep his seat will be more anxious to work for and listen to those who are not for him than others who are for him, because if he wants to increase his vote, he must do so. There are two ways of having a Government. You can have a Government representative of as many sections as possible. If you want that kind of Parliament, as a Fine Gael speaker seemed to suggest Fine Gael want, that is one way, I suppose, of having a Government, but I do not believe it is an effective way of having a Government. I do not think every small section should be represented in Parliament. What people need fundamentally and essentially is a Party with a sufficient majority to carry out the promises they make and the policies they adumbrate. If they do not do that, then, after five years, they must go back to the people and render an account of their stewardship; they must explain why they did not fulfil their promises or implement their policies. If they do not satisfy the people—it does not matter whether it is Fianna Fáil, Fine Gael or Labour—the people will deal with them accordingly. The people are realists and they have over the years given the other fellow a chance. Under the straight vote, it would be a very simple matter for the people to give the other fellow a chance.

Someone said last week that it was most insincere of Fianna Fáil to say they wanted to get Fine Gael into office as a Government. I do not believe that is the intention of any man in the Fianna Fáil Party. We are aiming at the ideal—a Government and an Opposition, an Opposition capable of forming an alternative Government at any time the people so decide. That is the ideal situation. That is what we should all aim at. I do not say the Opposition would be Fine Gael, or Labour, or a combination of both, or even a new Party. The Opposition might be Fianna Fáil. But there would be a Party in Government.

I listened to the accusations here of Fianna Fáil skulduggery, all the wrongs they have done the country over the past 30 years, and so on. If there is any truth in these allegations, then the Opposition cannot escape blame, unless they believe the people are fools, because, if Fianna Fáil were as bad as has been alleged, the people would long ago have chosen an alternative Government, if they had had a choice. I fail to see the reasoning in that kind of argument. I want a system under which it will be easy for the people to judge and make up their minds.

I was disappointed at the references to Miss Lakeman. She is a professional advocate of proportional representation but she has made very little headway in her own country. She seems to be spending most of her time and energies on us. We are the guinea pig apparently. I should like to see her making some progress in her own country before she advises as to what we ought to do here. As Deputy Costello said, England is the Mother of Parliaments, but they do not seem to have taken Miss Lakeman seriously over there, and she is one of their own.

I subscribe to the principle of one man, one vote. I cannot understand those who talk about one man, one vote and then advocate proportional representation. If you have six candidates for one seat, the person who votes for A, who gets the highest number of votes and stays in the count, never gets a second choice. But the person who votes for the lunatic fringe gets another choice, and the person who votes for the candidate who gets 300 votes gets another choice, and so on. That is not one man, one vote. The straight vote is much fairer because every vote is of equal value. That is the system that operates in most bodies of which I have experience. I subscribe to the doctrine of one man, one vote.

There was a case made here about three candidates in a constituency of 12,000 voters: one candidate gets 4,001 votes, another gets 3,999 and another gets 4,000 votes. The candidate who would get 4,001 votes would be sitting in the hottest seat in the country and he would spend a very busy five years, if Parliament lasted that long, holding his seat.

I think it is plain to most people that proportional representation worked well here as a result of the major differences created by the unfortunate Civil War. That was the real reason why proportional representation worked so well. As time goes on, I think it will be more difficult to get an overall majority under proportional representation. That is a secondary consideration really and I was glad to hear Deputy Norton make the case he did; to me the greatest menace for the future is the multiple-seat constituency. I hope that every Deputy will put the case as fairly as he possibly can so that the people will have a chance to examine both sides and make up their minds. It is the future of the country that is at stake and I do not think we should be too blinded by what has happened in the past, too worried about what Deputy Dillon said in 1936, or Deputy de Valera said in 1937, or Arthur Griffith said in 1911. What they said may have been very wise when they said it, but we are living in different times and we must act in accordance with the times in which we live.

With regard to the 1937 Constitution, knowing the bitter opposition to that Constitution and the many issues contained in the Constitution, I think Deputy de Valera was wise in putting in proportional representation at that particular point of time. The Constitution was carried by a rather small majority. Had proportional representation been abolished, then the Constitution might not have been carried at all. In his wisdom, then he retained proportional representation because it was not such an important issue as the sovereignty of the State, and let future generations therefore decide about PR. That is the interpretation I give you. As I say, I was outside the House working on the Constitution at the time, but I feel that would be a much fairer interpretation than to say the then Taoiseach, Deputy de Valera, copper-fastened PR because he thought it was the best system that could possibly be worked under a democratic form of Government.

In the same way I would not dream of quoting all that Deputy Dillon quoted of what was said at that time because the times were different. We have to face up to conditions as we find them now and what we visualise will happen in the future. If we want to have stable government which must be answerable to the people within five years according to the Constitution, and if we want to create an Opposition who can be an alternative Government, then I think the straight vote is the easiest to understand and the one the electorate would find simplest in producing the result required.

Having listened to Deputy Costello giving us the legal and the constitutional side of the issue at stake, I would prefer to approach the matter from the point of view of the man in the street, the man whom we public representatives meet every day of the week. From the speeches of Fianna Fáil Ministers and from Deputies, one must conclude that they are confused. We had the Minister for Justice talking about a package deal on Telefís Éireann which was flatly contradicted the following day by the Taoiseach. We have had the different Deputies from Fianna Fáil supposedly giving us their view which to my mind is a fallacy, and the man in the street knows in his heart and soul they are not speaking with conviction. They are speaking because the whip has been cracked. Whether it came from the Park or from the Minister for Local Government is a matter of opinion. However, the Minister for Local Government has nailed his colours to the mast on this issue, that is, first past the post, despite the promptings and the approaches that have been made to try to simmer down what has been proposed.

If this is to be a first past the post system and nothing else, let the Minister for Local Government carry that out, but for goodness sake, let us not have confusion from Fianna Fáil on this issue. We know they are confused; the people know they are confused, and that confusion has now boomeranged on them. They are now trying to find a way of escape from the net in which they have ensnared themselves. We in the Labour Party have declared our hand from the beginning. We have not changed an iota since 1959. We have stuck to our guns and the people supported us then, and I am absolutely certain that they will support us more vigorously on this referendum, which we are told will take place in June but which most of us know will not take place in June. We must ask ourselves how this issue came into prominence and what is the reason for it, bearing in mind that there are matters of much more importance to be dealt with at the present time. We are the only country in Europe which has a declining population. Nothing has been said about that; nothing has been done about it.

It is not true.

Quote the last census figures.

"Natural increase in population, February, 1968"— Ireland is the only country with a minus; .05 decrease in population.

Would the Deputy quote the publication?

The OECD Observer.

Deputy Moore would not know about that.

The Deputy might quote our own census figures and see the real figures there.

It is not in the Fianna Fáil records, and therefore it cannot be right.

Has the Deputy any sense of mathematical proportions? Would the Deputy have one look at that?

It is very doubtful.

We are the only country in Europe with a decrease in population. We are also faced with an unemployment problem. In my city it has been commented on by politicians and by the clergy and has been mentioned in the pastoral letter from our Bishop who, a month ago, exhorted us public representatives to try to relieve the problem that exists. In my city industries are closing down every day of the week. Nothing is being done about it; and we blame this and we blame that from these benches.

We are told in answer to a question put here by Deputies Murphy, Kyne and myself that the estimated cost of this referendum will be £100,000. That figure, I am sure, was based on the 1959 referendum. This is nine years later, and this money is going to be squandered, not alone the £100,000 in terms of 1959 but other money as well; we in the different Parties have to go to our church gates; we have to go from door to door to try to help ourselves along. We are not in the happy position where we can get subscriptions of four figures. That is the position as we have seen it in all the by-elections.

We have seen what has been thrown into it by the people who have done well by Fianna Fáil. We have seen the lorries decorated with bunting and with Fianna Fáil posters. We have seen bands on hire from distant counties. We have seen busloads of fugitives and gangsters and trick-of-the-loop men, all coming in to cheer and wave. There was a time when it was just a parade up the street with a grey horse and the banners flying around. It is now the double-decker from the neighbouring counties. There were tar barrels and turf fires burning along the road. For the turf fires which they provided, they got back, not tons of turf, but gold, which is now a scarce commodity, put inside their back doors. All the Taca men were there. I attended an inquest in my own city recently and I saw the agony on the faces of these fellows. They were wondering what was going to happen now. These are the people that gang over there has sponsored and brought in here by buying some of them and intimidating others. They produced these Taca men all up and down the constituency.

Are these the people in the double-deck buses?

No. These are the fellows in the Mercedes.

I never saw the double-deck bus act. How does it work?

Did you ever see the fellows in the automatic Mercedes? If you come to Limerick in the forth-coming by-election, you will not be able to get on to the street because the automatic Mercedes will be lined up at each side. The background of these people would bear very little inquiry. Indeed, you have some members of your own Party and you would not know where they came from. With all due respects to you, you are a man of honour in my estimation and I wish to heaven the rest of your Party was only imaged to half your stature.

You are trying to flatter me now.

I am telling the truth. That was plain to be seen when the succession Derby was run not so long ago. We all know the side you took and I must congratulate you on it. We must now ask ourselves: what is all this in aid of? Where do you want to go?

"I look at the moon and I says to myself."

We are all right as long as you do not look into your heart, like more of them, like a man who sat in that same seat and who propounded more heresies than anyone else in this country and got away with it. You are now trying to create a system under which we would have all over the country a repetition of what happened in Wicklow last week. In that case, practically 8,000 people said that they did not want Fianna Fáil and something like 7,000 or 8,000 said that they did. If we had your proposed system of election, you would have 15,000 people in Wicklow disfranchised and the man who got 8,000 votes would be here.

How many votes did the man who is here get?

The people spoke.

Many of them spoke several times.

Do they not speak several times in Kilkenny?

One man, one vote.

We find that where one man is in control of a constituency, there are many reasons why some of the people will not approach him. You know that as well as I do: so does every Fianna Fáil representative here. We all know that when pressure is being brought to bear on a Minister or a Department, how strong that pressure is and how it must impress the Minister when there is unanimity on the part of all public representatives in a particular constituency. We have had our eminent Minister for External Affairs propounding the value of the first past the post system. Nobody but himself knew what he was talking about, even if he knew himself. He gave utterance in Clare about what he called the straight vote and he told the people there that our present system was a British system. Could anything be more ridiculous? He was a man who served two masters in his time. There is no denying that fact. He tells us that this is a system forced on us by the British and because it was forced on us by Britain, we must hate the guts of it. At the same time, he is putting out his hand and welcoming any agreements we can make with the British.

Not so long ago Deputy Costello gave us quotations from Arthur Griffith in 1910 and 1911 and he told us what Griffith thought of proportional representation. Because of the twist and turn that Fianna Fáil have now given to this issue, they seem like a woman who cannot make up her mind.

Debate adjourned.
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