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Dáil Éireann debate -
Wednesday, 27 Nov 1968

Vol. 237 No. 8

Electoral (Amendment) Bill, 1968: Second Stage (Resumed).

Question again proposed: "That the Bill be now read a Second Time."

In the course of the Minister's statement he refers to the court judgment, a very excellent summary of the law and determination of the provisions of the Constitution as they affect the election of Deputies to this House. The Minister says that the judgment would suggest that a deviation of up to 1,000 would be acceptable. I should like to know where he gets that from. I should like the Minister to tell us where did Mr. Justice Budd say that a deviation of 1,000 would be acceptable? I do not see it in the court judgment. It is a deduction he makes for his own use and benefit and it is a specious deduction. There is no definite statement by Mr. Justice Budd that it would be legally right to deviate by 1,000 from the national average, either above or below. The Minister for his own purposes has tried to create the impression that this, in fact, was said by Mr. Justice Budd and the upshot of that process of specious argument is that the people of the city and county of Dublin have to pay a far higher price in terms of votes for Dáil representation than the people in the rest of the country. I am probably one of a very small minority giving voice to this view because the majority of Members represent constituencies outside Dublin. I can only appeal to their sense of equity and fair play in regard to this matter.

Mr. Justice Budd also said that he presumed the words "democratic State" tended to convey a State in which all the people were deemed to have equal rights and privileges. I hope we have not gone to such an extreme of cynicism and self-interest that the only thing that concerns Members is the effect of changes of this kind upon our own immediate position as Dáil Deputies, and nothing else. I recognise full well that it is natural that the primary interest to any Member of the House must be how changes of this nature will affect his own personal position. That, however, cannot be the major consideration which surely must be that if we are ever to regard ourselves seriously as a national legislature the major consideration must be the overall national good. If we permit a Government such as this to produce legislation obviously designed to discriminate against one section of the public to go without protest we are not doing the job with which we are charged here.

I have pointed out that every Dublin constituency is required to have hundreds and up to 1,000 in excess of population over the national average and, indeed, in many other cases, if not in most constituencies, particularly on the western seaboard where as we know the population has been progressively reduced, without going into the reasons for it, Dáil representation is obtainable on lower terms, speaking in terms of votes, than in Dublin. Why should this be? The people said it was undesirable and that it should not be. The people even in the west of Ireland in the constituencies which were supposed to benefit by the referendum proposals said they did not want any part of it. They said they were satisfied that this socalled tolerance—a word invented to twist the truth by this Government, to make things appear as they were not —is something with which they were not concerned. They were, in fact, quite content and what they said, in effect, in their vote in the referendum was that they were content to be judged on the same basis as every other citizen and have the same rights and privileges as every other citizen and did not wish for any more. Regardless of that, the Minister is now saying: "I do not care what you say. I will insist on this going through. This is my solution. I will create a disparity between the number of votes it takes to elect a Deputy in the Dublin area and the number of votes it takes to elect a Deputy in Mayo."

The Minister will create that disparity for his own obscure reasons. These reasons are really illusory. He probably believes that in doing this he is maintaining to some extent the position of his own Party but, no matter how he tries to paint the picture, nobody in this House will be convinced of anything else but that everything to which he puts his hand is founded on the one idea—the good, not of the country, but of Fianna Fáil. We must assume, therefore, that this Bill is shaped, so far as he can shape it, for the benefit of Fianna Fáil, the Fianna Fáil Party and this Fianna Fáil Government.

It is illusory to think that anybody can do any manipulation of any consequence in these modern days except, perhaps, in certain areas, very few areas, in which Government Deputies may have certain pockets of strength. Over the country at large it would be impossible to estimate how Party lines join and where they separate. It is difficult enough, talking to people, to tell in what direction their political allegiance lies. The generation today does not freely disclose its political affiliations. It is not as ingenuous as generations past. People today do not wear their political hearts on their sleeves because they may sense a certain danger in certain circumstances, particularly if they are in jobs of a certain kind.

I will vote against this measure on the general principle that it is antagonistic to the idea of democratic treatment of the people of this city and county, in the first instance, and to the whole concept of democracy, as I know it and as it is enshrined in the Constitution. The Labour Party will use the Bill to try to get some improvements made in general electoral procedure. I referred on a previous occasion here to experiences I have had in elections: people arrive at polling stations to find they may not vote because their names are not on the register. These people have lived in the particular locality for a number of years and they find it inexplicable when they are prevented from voting in an election even though they voted in earlier elections without any difficulty whatsoever. Invariably they approach a politician, if he happens to be present, for an explanation and it is incomprehensible to them that he cannot secure this right for them. Omissions from the register may be due to carelessness or a hundred and one other reasons which may not be apparent to all and sundry.

It is our hope that by amending this Bill on the Committee Stage we will lay the foundations of machinery designed to enable these people to exercise the franchise, even though their names are omitted from the register. It might be possible for them to swear an affidavit at the polling station which would entitle them to exercise the franchise. If something on those lines is not done there will be serious doubts as to the effectiveness of the democratic system. This sort of omission happens on a wide scale. It happened on a wide scale in the recent referendum. I met scores of people who had voted in earlier elections but who were unable to vote in the referendum because their names did not appear on the register. Nothing could be done about it. It is a very undesirable situation and it must be corrected. Some machinery must be designed to remedy the situation.

In the referendum, too, there was a breakdown in the power supply and people were left without lights. This could happen in any polling station. Provision should be made in this Bill designed to cope with emergencies of that kind where voting time is lost. We will be putting down amendments to that effect and one or two others. I hope they will be acceptable. This is one of the few opportunities we have and it should be availed of.

I think it was the Minister for Agriculture and Fisheries who announced after the referendum that they would now set about the savage—the word "savage" was used — breaching of county boundaries. I do not know quite how savage this handiwork has been. I am not altogether enamoured of all this talk about the sacrosanct nature of county boundaries. I think they are a relatively modern concept, modern in the historic sense. I do not suppose they are any more than 250 or 300 years old and they are vague at that.

Senator Dooge would not agree with the Deputy.

That is very sad. Unfortunately one has to battle on without the support of professors or even of the Minister. Possibly the country is bedevilled between Ministers and professors. If we had less of them and more ordinary people like myself, we might be better. I should like to qualify that by saying he is a very capable and able young man, a young man who owes his scholastic position to his own merit. I recall him as an ordinary member of Dublin County Council. I think he was a clerk with the ESB. He deserves great credit for what he has achieved in the academic world. It does not follow that he is a politician of greater acumen than I am. He is probably a politician of greater acumen than the Minister. It would be hard to find anyone who is not.

I was referring only to his idea as to when the county boundaries were instituted.

(Cavan): The Minister seems to have changed his view about the importance of the county boundaries.

However, age does not matter. It seems to me that there was a sort of athletic approach to the business of the county boundaries and an idea that if a bit of one county were taken off another there would be open rebellion, that they would get out the pikes again, or the camáns, but the people do not mind at all. They are not at all concerned with boundaries except perhaps in the matter of hurling and football, or where it is a case of the rates being lower. They would prefer to live in a county with lower rates. People are concerned about the problems of life, and about their rights. They are more conscious today of the impact of the Government upon their day-to-day rights. That is why they are worried when any attempt or threat is made to reduce their rights.

Deputy Gallagher, who represents a western constituency, described the four additional Dublin seats as a tragedy. The tragedy is not that there are four additional Dublin seats, but that the country is being progressively depopulated, and that the bulk of the population are making for Dublin as fast as they can. Once those people are living here we do not help by closing our eyes to it and pretending that they are in the west. The people of the west obviously were not the slightest bit thankful to the Fianna Fáil Party for suggesting the non-reduction of the number of TDs in the west. Many of them realise that Fianna Fáil dominance there has not improved their conditions to any extent, with the result that we have continuing depopulation of the west.

Deputy Gallagher, as I say, described the four additional Dublin seats as a tragedy. In fact, I think there should be more seats added to Dublin. Because of the nature of the divide, the skilful way in which it was done, and the long preparation in the doing of it, the number of extra seats in Dublin has been kept down to four. We may have one-third of the population in Dublin city and county, but we have not got one-third of the seats in the Dáil or anything like it. There is great discrimination against the built-up areas. I do not see why this should be, nor could Mr. Budd see that there was anything in the Constitution to suggest that because someone lived in a rural area his vote should have greater weight than that of a person living in a city or a town. Nothing further occurs to me to offer at this juncture on this Bill.

(South Tipperary): It is a disappointment to me, as it is perhaps to many Deputies, that this matter has to be fought out in this House, and that we did not have some objective body to resolve the difficulty for us. Obviously this is a difficult subject so far as individual Deputies and Parties are concerned. It is perhaps one that could be approached in a more objective fashion by some outside body, but we have to face it as it is.

Notice taken that 20 Members were not present; House counted and 20 Members being present,

(South Tipperary): The Minister pointed out repeatedly that if he did not succeed in winning the referendum he would be forced to carve up most of the constituencies. I describe what has been done as mutilation and butchery. If he had to do it in that way, he has done it very effectively. With an anatomical knowledge and in a scientific fashion, he has butchered up the country to the advantage of his own Party. I accept at once that breaching of the county boundaries is inevitable. If he was not so concerned with political advantage it should be possible to do the job he set out to do with much less mutilation than is shown in the proposals before us.

Apart altogether from movements of people within county boundaries, the number of people who will be moved outside their own county boundaries amounts to over 100,000. I have examined the figures and there are several ways in which one may do this. The ways are not as limitless as one may think, but by adjustments one could provide constituencies here in keeping with the Budd judgment and with a population displacement of somewhere about 40,000. In other words, 60,000 people have been wantonly, brutally and unnecessarily displaced outside their natural county boundaries in order to facilitate the Minister in his objective of securing political advantage for his own Party. These, I believe, are correct figures and I will give them to the Minister shortly so that he may have an opportunity to persue them at his leisure. If there are any errors in the figures I can correct them.

These breaches of county boundaries have created areas of discontent. There is an unnecessarily extensive amount of discontent. I think it was Deputy Dunne who mentioned that there was nothing sacrosanct in county boundaries. I agree with him that there is nothing sacrosanct in county boundaries as such. I am not concerned with the emotional appeal of county boundaries. It happens that county boundaries are usually our local authority functional areas. Those of us who are rural Deputies who often work on county councils will appreciate that it is very advantageous, both to the public and to the public representative, to work in a constituency where the local authority area and the Dáil area correspond. However, I have some knowledge of that because I work in a four-seater constituency where we have a large part of County Waterford. Apart from the geographical difficulties that exist there are also administrative difficulties. I am not on the county council in Waterford and when I go in there I am at a disadvantage. Similarly, if there happens to be a Deputy from County Waterford also in my constituency he is at a disadvantage when he comes into South Tipperary. Apart altogether from sentiment or emotion about county boundaries, there is the practical administrative side which is important. The Minister, having been Minister for Local Government for a considerable period, is quite aware of that and appreciates and understands it. He has adverted to it.

We were told by the Ceann Comhairle that we may discuss what is in the Bill and what may relevantly be put into the Bill. On that basis I will attempt to show to the Minister how this figure of 60,000 displaced persons, if I may use that term, arises and how it could be obviated if the Minister would turn his mind to that purpurpose of securing as much political advantage as he can secure under the present constitutional system and within the straitjacket of the Budd judgment.

If we take Connacht and its problems first, there we have had 33 seats up to the present time. It is now proposed to reduce that number to 30. In the Minister's proposal he has done it very simply. They are all three-seaters now. There are ten three-seater constituencies.

That is more than the province of Connacht.

(South Tipperary): I am including Donegal—Donegal, Mayo, Roscommon, Sligo, Galway and Clare. Under the existing system North-East Donegal has three seats. South-West Donegal is a three-seater. North Mayo has three seats. South Mayo has four seats. Roscommon with South Leitrim has four seats. Sligo with the other part of Leitrim has four seats. East Galway has five seats. West Galway has three seats and Clare has four seats, making 33 seats.

The Minister proposes to have 30 seats here, all composed of three-seaters. South Donegal takes in some of Leitrim and remains a three-seater. Mayo remains two three-seaters. It is divided from north to south now rather than from east to west. Roscommon becomes a three-seater, and Sligo a three-seater. Galway becomes North-East Galway, which will be a three-seater, and a new constituency called Clare-Galway will be formed and is to be a three-seater. West Galway is to be a three-seater and Clare a three-seater. I am proposing to the Minister that he can arrange that area, which is a pretty difficult area, with much less displacement of population than will obtain under the proposals outlined in this House. I think the key difficulty in that area is Leitrim, and perhaps Donegal. As the Minister has travelled all over this county he must be very well acquainted with the geography of these counties. If we take Donegal first, with a population of 108,549, the Government proposal is to add 8,997 from North Leitrim to make up a population of 117,546. Another proposal is to give North-East Donegal 59,200 and South-West Donegal 58,346. That leaves him with two three-seaters. If Donegal must be regarded as a five-seater, the population requirement, following the Minister's own arithmetic, would be from 95,140 to 105,140. This leaves a residue of from a minimum of 3,409 to a maximum of 13,409 for transfer. I am tentatively suggesting to the Minister that, if he considers Donegal as a five-seater, there will be that minimum or maximum for transfer and I would ask him mentally to put aside that matter for the moment.

As regards the question of Mayo, the population is 115,547. The Government propose here to let it continue as a three-seater, east and west. It was a four-seater in the south and a three-seater in the north. The population is now to be regarded as able to provide for only six seats in the entire county of Mayo. The population requirement for a six-seater would be between 114,000 and 116,000 and, with a population of 115,000, Mayo at the moment is barely able to provide for either a six-seater or two three-seaters. The division would then have to be very well on the 50/50 basis. There is no reason why that could not have continued the way it was. No reason has been adduced here. If the Minister has a specific reason as to why the division of Mayo had to be altered so completely as from east to west to, roughly speaking, from north to south, perhaps he will give us the reason later on. The ostensible reason is that the Minister wanted to separate two fellow Ministers, that he did not want to have them competing with each other and wanted the prestige and value of having a Minister in two constituencies rather than two Ministers in one constituency. That suspicion is abroad. If the Minister has a more worthy reason, he will have an opportunity of giving that more worthy reason later on in the course of the debate. I would suggest that he might well do so.

If we pass to the county of Sligo, here we have a population of 51,263. This has survived as a four-seater constituency by the transfer of 16,629 from North Leitrim. Now the Government propose that it be made a three-seater by the transfer of 10,503 from mid-Leitrim to make a constituency of 61,766. Next we come to Leitrim. Leitrim, as I said in the beginning, is a problem because of small population—30,572. Up to the present 16,629 went to Sligo, taking it now on the 1966 census, and 13,943 to Roscommon, to form two four-seaters. It is now proposed to wipe Leitrim entirely off the map. It is proposed to give 8,997 of North Leitrim to South-West Donegal, 10,503 from mid-Leitrim to Sligo; 11,072 from South Leitrim to Roscommon, so as to form three-seaters in each area.

Finally, there is the case of Roscommon. Here we have a population of 56,228. This has been a four-seater by the addition of nearly 14,000 from Leitrim. It is now proposed to reduce it to a three-seater and the three-seater is made up as follows: from Roscommon alone, 46,315, that is, after Roscommon has given 9,913 to Clare-Galway and North-East Galway; to that has been added about one-third of Leitrim, mainly from the Carrick-on-Shannon and Mohill areas—a figure, to be precise, of 11,072—that makes a population of 57,387; but, here we have an extra piece thrown in from Westmeath, the west urban part of Athlone with a population of 4,028. That makes the proposed new Roscommon constituency with a population of 61,411.

Now, it requires only from 57,084 to 63,084 to form a three-seater, so that the addition of this area of Athlone, its sequestration from Westmeath and its transfer into Roscommon, was unnecessary. Here again, there have been remarks made that it was done for a special political purpose. Suffice it to say that the constituency was viable as a three-seater without that transfer. The Minister in his reply might like to say why that particular area was transferred from Westmeath. Its retention by Westmeath would not bring Westmeath, as far as I can know, above the limit of Longford/Westmeath viability.

As regards County Galway, here we have a population of 148,340. If you examine the situation and if you allow for a small removal of population from that of, say, 3,000 to make Clare a four-seater, you would then have a population of 145,340. A sevenseater needs from 133,196 to 147,196 people, the national average being 140,196. Here you have the ancient traditional county of Galway, which is quite capable, as it stands, of providing seven seats. By a simple arrangement you could give, say, 80,000 to East Galway, making it a four-seater and 60,000 to West Galway making that a four-seater also. That would allow a transfer of, say, 3,000 people from the Gort area into Clare and keep Clare as a four-seater. Clare has a population of 73,597; it now needs between 2,515 and 10,515 to remain a four-seater. I suggest to the Minister that a simple arrangement would be to transfer 3,000 from the border between Galway and Clare, say the Gort area or any other area, into Clare and thereby keep it as a four-seater.

I believe it is an injustice to take a county and wipe it completely off the electoral map, and that is precisely what has happened in the case of Leitrim. I suggest to the Minister that this can be obviated. As I said at the beginning, this is the most difficult part of the arrangement to work out, but I think it can be done. The two counties of Sligo and Leitrim have a combined population of 81,835. I mentioned earlier there was a surplus of population available for distribution in Donegal. This surplus is placed in a rather concentrated fashion in Bundoran and Ballyshannon. There is also a small neck of country in Roscommon jutting into Sligo and Leitrim, and I suggest to the Minister that Sligo and Leitrim could be constructed as five-seaters by the addition of 2,000 from Roscommon and 13,000 from the lower part of South-West Donegal. This would be the largest transfer of population I would suggest.

This type of distribution would preserve the entire county of Leitrim as an electoral entity. Admittedly, that type of constituency would be big. Sligo-Leitrim itself has got 67,000 acres, but my own constituency of South Tipperary-West Waterford has 77,000 acres. From the point of view of size it should not present any greater difficulty than I have to contend with, and it seems to be reasonable from the point of view of outline. I have not an intimate local geographical knowledge of Sligo-Leitrim.

What area did the Deputy give for Sligo-Leitrim?

(South Tipperary): 67,000 acres.

No. That is not right. That is giving the acreage per Deputy, and even then it would not be right.

(South Tipperary): In any event, as a five-seater it would, in the nature of things, have to be large but we have had areas as large. It is one of the methods by which an attempt could be made to preserve the electoral integrity of Leitrim and other counties in that area. The Minister's proposal is to divide Leitrim three times, to obliterate it as an electoral entity. I will give the Minister the figures again in respect of the population transfers in the plan proposed by him and in the one mentioned by me.

First of all, my suggestion would make Donegal a five-seat constituency, Sligo-Leitrim a five-seat, Mayo two three-seaters, Roscommon a three-seat, Galway a three-seat and a four-seat and Clare a four-seat constituency. For those areas, the Minister has his own transfer proposals and a summary of these population transfers represent the kernel of the matter in dispute between his side of the House and ours. He suggests the transfer from North Leitrim to Donegal of 8,997 people. Here I am dealing with the transfer of population from a county into another county, not with transfers within counties. The whole of Mayo will be turned around by 90 degrees, the east and west and north and south borders being transferred. North Leitrim will be transferred to Donegal involving, as I have said, a population of 8,997. Mid-Leitrim will be transferred to Sligo, involving a population of 10,503. South Leitrim will go to Roscommon, involving a population of 11,072. Athlone West Urban will go to Roscommon, involving a population of 4,024. A population of 1,975 from Roscommon will go to Clare-Galway. A population of 7,938 will go from Roscommon to North-East Galway. From Clare to Clare-Galway will go 14,765.

This involves a total transfer of 59,274 persons. The proposal I have mentioned involves a transfer from South-West Donegal to Sligo-Leitrim of 13,000 people. From Roscommon to Sligo-Leitrim would be transferred 2,000 and from Athlone to Roscommon, as the Minister suggests, 4,024. Then from East Galway to Clare there is a transfer of 3,000. That would mean a total transfer in the western counties of 22,024 as against the Minister's figure of 59,274, in other words, if we depart from this notion of the Minister of three-seaters, with which he is obsessed. Constituencies can be arranged in the counties of Clare, Galway, Mayo, Roscommon, Sligo, Leitrim and Donegal by a transfer of population from outside their traditional county boundaries of 22,000 persons. The Minister's plan is 59,000. What I am suggesting means a transfer of only one-third of the population as against that suggested by the Minister.

I am aware that these suggestions will not be accepted by the Minister, but I see no harm in making such suggestions and highlighting in precise figures what exactly the Minister is doing and what exactly he is after. I have deliberately made a comparison in hard figures which I think nobody can go behind.

Let us take now the north-eastern counties. I propose to deal first with Cavan, Monaghan, Meath, Louth and Kildare. The Minister has performed a wonderful bit of butchering here. I do not suppose that anybody will be able to recognise Meath by the time the Minister is finished with it. The population has been bundled from one county into another. It is a sort of merry-go-round. I do not think that is necessary, but there is the same objective behind it as obtains in the western counties with which I have dealt. The Minister is aiming in all these cases, in Cavan, Monaghan, Louth, Meath, and Kildare, to establish three-seater constituencies. This is the overall plan and everything is subjected to this plan. Consideration for the public, considerations of efficiency and humanitarian considerations are set aside in order to preserve the grand plan. We can visualise the Minister with his carving knife setting about his work saying to himself—"Boland, my boy, be bloody bold and resolute"—and bloody bold and resolute he is.

In Cavan the population was 54,022. The Government's proposal is to make it a three-seater by taking 5,656 from Meath, mostly from Kells and Old-castle, to make a constituency of 59,678. This is a smallish county. It needed from between 3,062 minimum to 9,062 maximum to become a three-seater and this is how the Minister has proposed to do it. These transfers are from two different areas of Meath. With regard to Monaghan, the Minister proposes that this, too, will be a three-seater. Again, it is a small county with a population of 45,732. It is to be made a three-seater by getting 7,532 from Louth—again poor Meath contributes another 6,426—making a constituency population here of 59,751 which, of course, is quite correct for a three-seater.

In Louth the population is 69,519. It is proposed to be a three-seater. This constituency again has to give away population and it gives a population of 7,593 to Monaghan. That will make the constituency 61,926. Now we come to Meath. This is the centre of the Minister's activities. I do not know why Meath is so particularly picked out but the Minister proposes to make Meath a three-seater. Meath has a population of 67,323 and after giving its population to Cavan it is proposed then to transfer 5,041 from Kildare to make Westmeath a three-seater and Kildare a three-seater also. Meath as a county needs about one-half a seat, as it were, to be a four-seater. It needs 9,789.

I am suggesting to the Minister that this area of Cavan, Monaghan, Louth, Meath and Kildare could be accommodated in a far more simple fashion and with far less population displacements than he has suggested. For example, if he can swallow the notion of five-seaters at all, and they appear to be anathema to him, if he combines Cavan and Monaghan the combined population will be 99,754. It requires 95,140 to 105,140 for a five-seater, the national average being 100,000 odd, so Cavan and Monaghan combined is exactly appropriate to a five-seater. I am suggesting to the Minister that the only transfers necessary then for this region if he will accept the notion of Meath being a four-seater, will be 5,000 from Kildare into Meath, and that 5,000 is already mentioned in the Minister's own proposals, plus 5,000 from Louth.

I will give the Minister the comparable population transfers in that area, me ones I propose and the Minister's proposals. The Minister's proposals are as follows: Meath to Cavan, 5,656; Meath to Monaghan, 6,426; Louth to Monaghan, 7,532; Kildare to Meath, 5,041. In these areas the total population transfer envisaged by the Minister is 24,655. Now, all I have suggested is two transfers, simply transfer the 5,000 you were originally going to transfer from Kildare into Meath and transfer another 5,000 from Louth, from the part just below Drogheda where it runs out to the sea. You can get 5,000 very easily there and that gives you a population adequate to preserve Meath as a four-seater. Then you will have the final position: Cavan-Monaghan a five-seater, Louth a three-seater, Meath a four-seater and Kildare a three-seater, with a population transfer of, say, 10,000 against the Minister's proposal of 24,655.

As regards Longford-Westmeath there is no change. The long-standing difficulty of the population from Mullingar at one time attached to Kildare has disappeared. Carlow-Kilkenny is traditionally a five-seater. It seems to work all right. It still needs and will have to obtain an addition of 4,398 from Wexford. That still leaves Wexford as a viable four-seater. Laois-Offaly, a five-seater, has remained untouched and far be it from me to suggest that we should touch a five-seater. As the Minister has been kind enough to allow even one or two to survive in the country, I do not want to put any further evil notions into his mind.

Now I should like to come to my own county. The constituency which I have the honour to represent at the moment is South Tipperary-West Waterford. Tipperary is a county of two ridings, the north riding and the south riding. In 1961 we had to give a transfer of population from the south riding to the north riding to preserve the north riding as a viable unit. In the meantime the population of the north riding has fallen and a further transfusion has to be made this time. In the event the Minister proposes to transfer Nodstown and Gaile, two or three miles north of Cashel, into the north riding. In 1961, as indeed now, we were left with the position that we did not have enough in the south riding to form a four-seater. There were four seats there but they had become unconstitutional or illegal, whichever term you like to use, and the notion at the time was that a substantial part of West Waterford would be transferred into South Tipperary. That part of West Waterford at that time had a population of about 11,000. That, too, has fallen to a figure of 10,749; but even after giving the extra population of, I think, 875 from Gaile and Nodstown to North Tipperary, South Tipperary-West Waterford is still a viable unit for four seats. However, it has a great geographical defect. West Waterford is separated from Tipperary, as the Minister well knows, by the Comeragh Mountains. Ab initio Waterford probably had greater claim to be considered a four-seater than South Tipperary in that Waterford had, I think, about 3,000 or 4,000 more people originally than South Tipperary. But again in 1961, as now, political considerations were paramount and West Waterford was transferred to South Tipperary with a view to perpetuating the hold which Fianna Fáil have on that constituency or had on the south riding of Tipperary.

Before the election of 1961 there was one Fine Gael and there were three Fianna Fáil Deputies. The third Fianna Fáil Deputy, who lived in Clonmel, usually was the weakest of the Fianna Fáil candidates; but in order to make that situation safe and preserve the Fianna Fáil position, West Waterford, which we know to be predominantly Fianna Fáil, was brought into South Tipperary. This had the double purpose of preserving the Fianna Fáil position and it was also hoped that it might damage Deputy Kyne of Dungarvan and the present Deputy Treacy who at that time was a challenger for a Dáil seat. From the political point of view it seemed a perfectly good answer. No consideration was given to the convenience of the public or their interests—it was purely a hard political decision taken out of hard necessity— and some 11,000 people were severed from their native county of Waterford and thrown across the Comeragh Mountains into South Tipperary.

In the event, it did not come off. Deputy Kyne was elected and so was Deputy Treacy and Fianna Fáil lost the third seat and one of their representatives comes from West Waterford. I believe this annexation of West Waterford by South Tipperary is not in the interests of the people of that area and does not comply with their wishes. I am satisfied that everybody in West Waterford, whatever his political persuasions, ardently desires to go back to Waterford.

Senator Garret FitzGerald, speaking in the Seanad, suggested that the problem could be solved by making South Tipperary a three-seater and Waterford a four-seater. That would mean that South Tipperary would lose a seat, a Fianna Fáil seat. I would weep crocodile tears over that but it is not a solution I would accept. Being a Tipperary man I cannot very well see the second largest town in my county taken off and given to Waterford. At one stage Youghal was attached to Waterford. Here, again, I do not want to come into conflict with Corkmen who may object to Youghal being taken from them and attached to Waterford. I think there is a compromise solution which would certainly be better all round than the perpetuation of the proposed travesty. If some population were taken from the marginal areas in both counties of Waterford and Cork it might meet the situation. On the far side of the River Suir you have Carrickbeg with a population of, I think, 1,500 and you also have part of Tipperary running into West Waterford, Newcastle, and you could take some of the borderline area adjoining the North East Cork constituency, down as far as Youghal and even into Youghal Rural, and get a spread-out population there which would give the necessary amount to make Waterford a four-seater.

From the last census Tipperary North Riding needed between 3,000 and 9,000 of a population transfer. South Tipperary, with a population of 68,969 must have a transfer outwards of from 5,885 to 11,885. Already six areas have been transfered from South Tipperary to the North Riding, Cloneen East and Slieveardagh, a population of 2,597. Now, another 875, it has been suggested by the Minister, should be transferred. That makes an outward transfer of 3,472 and it means that South Tipperary, if it is to be regarded as a three-seater, would be still too big and at least 1,413 would have to be transferred out.

Waterford County has a bigger population than South Tipperary, a population of 73,080 and by removing West Waterford and joining it to South Tipperary it was made a three-seater. Under present conditions Waterford needs a minimum of 3,132 and a maximum of 11,032 to become a four-seater. I suggest that some figure in between these could be taken from some source and added to West Waterford and I have suggested a border transfer on these lines which I think would not cause too much disturbance.

To give comfortable figures for South-Tipperary as a four-seater or a three-seater or for Waterford as a four-seater or a three-seater the population transfer proposed by the Minister is 10,749. That gives us a constituency which is completely unsatisfactory from a geographical viewpoint and from the point of view that there is a large range of mountains, the Comeraghs, stretching between Waterford and South Tipperary. It is an unnatural alignment of which the Minister is perfectly aware— he has mentioned it here before—but it appears now that for personal political reasons he is determined, irrespective of the wishes of the people of Waterford, that they be tied on to South Tipperary.

It is difficult from the point of view of contact and access but, of course, the real problem lies with the people of Waterford who feel that they have been left out and they are anxious to be put back with their own county. As against that, the transfer of population that I am suggesting is much less. The minimum to Waterford from whatever source, either Cork or South Tipperary or Cork and South Tipperary would be 3,132 people.

I have no observation to make as regards Limerick. The area in the region of Killachany has been transferred from East Limerick to West Limerick. East Limerick has a sufficient population to do that and it has preserved Limerick East as a four-seater. West Limerick is a three-seater. As regards Kerry there is a transfer of 2,024 people from West Cork into South Kerry. That was necessary to preserve Kerry as a two three-seater constituency. Some adjustments have also been made regarding the Dingle Peninsula and mid-Kerry but there has only been a transfer of 2,024.

I am unable to deal with the Cork constituency. I have noted the alterations that have been made there but I am not in a position to comment on them. That would be a matter for the Cork Deputies. However, under the new proposals there will be a three-seater, two four-seaters and, in Cork city, two three-seater constituencies. Adverse comments have been made regarding these areas but that is a matter for the representatives of these areas to deal with. I am not sufficiently familiar with that particular area. It would be entirely a local matter.

The Deputy still wants to take some bit of Cork for Waterford. Is that right?

(South Tipperary): I dealt with that. Youghal town was previously with Waterford. That was a traditional attachment for a long time. It has been suggested that Carrick-on-Suir might be put into Waterford. Waterford needs very little to become a four-seater. It needs only a minimum of 3,132 but if a transfer is to be made it will be necessary to put in a little more than that.

It has been shown in the census reports that the mechanics of a transfer are reasonably easy but it will be appreciated that when I say a minimum of transfer, I mean a minimum. If, say, 4,000 more are being transferred, I have mentioned ways of doing it without encroaching too much on Youghal or on Carrick-on-Suir. There is a border hindrance and then there is Carraighdubh and Carrickbeg on one side of the river which is geographically separate from the greater part of Carrick-on-Suir. If both counties were asked to make population contributions, I should not be inclined to propose that Carrick-on-Suir should be taken and put into Waterford because I could not be expected to agree to the mutilation of my own county.

However, what I mentioned would be a compromise solution to the problem. It is the only one I can think of but if anybody else comes up with a better one, more luck to him. However, this would make Waterford a four-seater constituency and it would be the only way to resolve this abnormal constituency of South Tipperary-West Waterford and I doubt if anybody on any side of the House will agree that it is, geographically speaking, a proper constituency. I presume the reason this is being done now is purely political but, from the very beginning, this was not wanted by the Waterford people and, particularly from the point of view of a Tipperary Deputy, it is badly placed geographically, and, in a fairly big area of 10,500 people, one is faced with the difficulty of not being on the local authority of Waterford when one goes in there and, similarly, the representative from there, Deputy Fahey, is faced with a problem. These are very practical difficulties which a Dublin Deputy may not appreciate because he does not encounter them in the same fashion as we do.

I am wondering if the Deputy has checked with the Cork Deputies about his proposed additions and subtractions?

(South Tipperary): I have not checked with Deputy Booth either.

I do not come into this.

Is Deputy Booth worried about his constituency?

That is what his question conveys.

The Leader of the Opposition, Deputy Cosgrave, with Deputy Dockrell, Deputy Andrews and myself had an interview with the Minister, all four of us together.

Is the Deputy trying to be funny?

No, I am not.

That is amazing news. The Labour Party were not consulted.

The Labour Party do not exist.

You will find that out in the next election. That is what Fianna Fáil thought in the Dublin local elections as well as in the by-elections in Limerick and Cork and in the referendum. However, we have interrupted Deputy Hogan.

(South Tipperary): The Ceann Comhairle told us at the beginning that our business was to discuss what is in the Bill and what can be put into it. I see deficiencies in it. I have attempted in my own way to suggest solutions to the Minister and it is up to every other Deputy to do the same. The views I have expressed are entirely my own. Senator Garret FitzGerald expressed his views in the Irish Independent. My views are somewhat different, but the principle is the same. If the Minister will depart from this over-all plan of three-seaters in the areas where three-seaters work for the Party and four-seaters in the area where four-seaters work for the Party, then we can begin to talk in a businesslike fashion, do better for our people, and there will be less breaching of constituency boundaries than will occur under the Minister's proposals. I have given every figure. The Minister can check them in the Dáil Report. I may be wrong in a figure here and there—one can make mistakes in figures—but on the proposals I have made the sum total transfer of population——

Did the Deputy come to Kerry? I might have wandered.

(South Tipperary): I did. I have completed my bicycle ride, and I am not going to Dublin at all. That is a matter for the Dublin Deputies to deal with. Apparently the Minister is going to have four-seaters there; surely there are no boundaries to be considered? If the Minister is to heed the wishes the people expressed in the referendum in which they overwhelmingly supported the principle of proportionality he should depart from his three-seat conception all over the country and his four-seat conception in Dublin where he can have plenty of elbow room to give five-seat constituencies if necessary. I have not touched Dublin but merely expressed the general idea that here is an area where you can divide almost with a pencil, not being limited as you are in counties.

Under the proposed scheme of the Minister there will be a transfer of people from the traditional county into other counties. Again, let it be clear that I am not speaking about intercounty transfer at all but extra-county transfer. I do not know how to express it exactly, but there will be that transfer in breach of county boundaries under the Minister's scheme. I estimate 14 breaches giving a grand total of 101,000 disaffected people in most cases. Under the suggestions outlined by me here there will be only nine breaches of county boundaries and the total transfer of population will be 41,578. That means that the Minister in his gerrymandering escapade will upset 60,000 people more than is necessary, and that is the size of a nice county. In order to secure the last ounce of political advantage for his Party out of the straitjacket of the Budd judgment he is prepared to do that. What in God's name would he have done if he had won the referendum?

He would have had a commission to do it for him.

(South Tipperary): A commission without authority, a recommendation committee; we know what that means. The general pattern of size of constituencies has altered here down through the years. We have been steadily departing from the large constituencies towards the three-seat and the four-seat constituencies, as anyone can see from the figures in the memorandum circulated here or as one can find out elsewhere. It is well known that a movement in that direction militates particularly against the smaller Parties and is contrary to the spirit of proportionality. Here it is again. In the 1961 Act there were 17 three-seaters; now it is proposed to have 26. Under the 1961 Act there were 12 four-seaters; now it is proposed to have 14. Under the same Act there were nine five-seaters; now it is proposed to have two. They allowed two to exist: Carlow-Kilkenny, and, of course, they dare not go into Laois-Offaly; Deputy Oliver Flanagan was there.

Under the proposals I have outlined to the Minister—I do not claim that they could not be very much improved upon—there would be 18 three-seat constituencies, 16 four-seat constituencies and 5 five-seat constituencies —considerably better from a democratic viewpoint than the suggestion put up by the Minister, though, perhaps, not as pleasant for Deputies; I do not know.

I would ask the Minister to comment on these observations. As I say, they are purely my own. He can check on the figures if he feels so disposed. He has plenty of help. This work was done by myself. I did not have any computers or a battery of civil servants or up-to-date maps, and you do not need them. It is quite easy to debunk what this Minister is trying to do, because, as in the referendum he is palpably wrong. In so far as the Constitution will allow he has tried to oppose the spirit of the people's opinion expressed in the last referendum. I think the people can be interpreted as saying: "We do not want a one-Party system. We want PR."

We cannot have a discussion on the referendum.

(South Tipperary): We cannot have it again?

Acting Chairman

A discussion on it is out of order.

It is nice to think about it anyhow.

(South Tipperary): Is it out of order if I say that I believe the Minister in this Bill is not behaving in conformity with the proportionality concept of proportional representation which is the accepted method of election in this country and recently endorsed by an overwhelming majority of the people? Anybody who looks at the map in the Oireachtas Library, anybody who examines the figures, in fact, anybody who gives any thought to this matter, must be satisfied that the Minister has gerrymandered to the utmost of his ability within the limits of the Constitution and I regret he should have done that.

This type of action ultimately avails nothing. It would be resented by the people at large. They would take it as an attempt to the utmost of the Minister's ability to repudiate their viewpoint which they expressed so forcibly in the recent referendum. It would have been quite easy for the Minister at least to make the attempt to come to some agreement with this side of the House as regards the division of those constituencies but it is obvious he has followed willy-nilly a pattern, a planned strategy, by which he formed three-seat constituencies all over the west and the south-west of this State and also in the north-east and in the midlands. With the exception of Laois-Offaly and Carlow-Kilkenny, where he allowed the five-seat constituencies to continue, he has everywhere he could made three-seat constituencies.

When he came to Dublin the pattern changed. In Dublin city we find all four-seat constituencies with only one three seat. The idea, of course, is quite obvious. Fianna Fáil accept that Dublin has turned completely against them and they will make any bargain they can in Dublin and would be more than happy if they could pull even there, if they got 50 per cent and that is the basis on which they are forming four-seat constituencies. They are doing so in the hope they will get two out of four seats. Elsewhere they feel a little bit more hopeful. I do not know why but they are always optimistic gentlemen. After the referendum they should not even be hopeful about this. They have said: "We will gamble on the old three-seat constituencies and with the luck of God we will pull two out of three." I do not know where the luck of God will get them. One cannot read too much into the recent referendum but one cannot but be quite impressed by the fact that there is a feeling they are on the way out.

What is the diagnosis?

(South Tipperary): You are on the way out. This gamble of the three-seat constituencies will not come off and you should know it. I do not think I have anything further to say about this matter except, again, to express my regret that the Minister did not try to find some kind of compromise solution which would be acceptable to all sides of the House. Those matters always have repercussions. If there is a change of Government after the next election what will happen? What the Minister has done will be undone and the temptation will be for this side of the House to have gerrymandering with the same kind of vehemence as the Minister has displayed. If the Minister had adopted a more reasonable attitude, then he might have pleased the House.

The Minister was too bemused with this question and set his heart too much on the single-seat constituencies and he can see nothing else. He blindly keeps on at this but he can expect the consequences. The House will have heard a Deputy from the Labour Benches saying that if they got an opportunity they would undoubtedly undo all this again. It should not be necessary to have this kind of vindictiveness and this kind of gerrymandering when one Government go out and another Government come in. A more statesmanlike attitude would be to come to the House and say: "Let us sit round a table; we know it is not possible to please everybody but let us try to hammer out an agreed solution." If this had been tried it might have been possible.

I had no intention of contributing to the debate until I heard my colleague, Deputy Hogan. I want to say this much for Deputy Hogan over and above the other speakers I heard on the Opposition Benches. At least he has the courage to make suggestions as to where the divisions should take place in the constituencies in order that the requirements of the Constitution, as laid down by the High Court in 1961, may be complied with. He also had the courage to make those suggestions during the referendum debate here in June. On that occasion he suggested putting West Waterford in with Cork.

(South Tipperary): No.

Now he suggests putting a portion of Carrick-on Suir, the Carrickbeg area, with Waterford, taking Youghal from East Cork and putting it into the Waterford constituency thereby making Waterford a four-seat constituency. I can see this would be very pleasing to the people of Waterford. They would like very much to return to a four-seat constituency, which is their right, and which we gave them an opportunity of doing if the Third Amendment of the Constitution was carried. There was quite a lot of confusion caused in Waterford particularly by the Fine Gael Party in that campaign because the Waterford papers in the week before the referendum indicated in an advertisement inserted by the Fine Gael Party that whatever the result of the referendum Waterford would return to a four-seat constituency.

(Cavan): So it should.

Of course, the only way it could is by having a portion of some other county or counties added to it.

Debate adjourned.
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