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Dáil Éireann debate -
Wednesday, 26 Feb 1969

Vol. 238 No. 12

Private Members' Business. - Electoral (Amendment) Bill, 1968: Fifth Stage (Resumed).

Question again proposed: "That the Bill do now pass".

I do not think it is necessary for me to repeat all the arguments it was necessary for me to repeat on the Committee Stage. All the charges made by the Opposition have been effectively dealt with. It has been clearly established that this Bill is introduced because of the figures published in the report of the 1966 Census of Population. These figures disclosed that the majority of the present constituencies are no longer in conformity with the constitutional requirement as defined by the courts at the express request of the Fine Gael Party, and as endorsed by the people in the recent referendum.

The necessity to bring the constituencies into conformity with the Constitution at this stage—although there is another provision in the Constitution specifying a longer period for revision —now arises because of pressure by the Opposition Parties to do it. It is clear that the Constitution does, in fact, require the Government to accede to the demands of the Opposition in this regard.

I have never made any secret of the fact that neither I nor anyone else on the Government benches feel in any way enthusiastic about undertaking this task. We have been consistent all along in adhering to our viewpoint that this thing that is required of us, this breaching of county boundaries, this continuous uprooting of people from constituencies in which they have always voted, is objectionable. We asked to have this requirement removed. The Opposition did not agree, and the people did not agree. Because of that, this Bill now has to be introduced and these objectionable things have to be done. It is certainly not being done because of any desire on our part to do it, but because it is required by the Constitution. As I say, we believe this is undesirable and we believe that there is no democratic principle that requires it to be done. It is merely the interpretation of the words used in the Constitution that requires it to be done.

For example, we have the five counties of Cavan, Monaghan, Louth, Meath and Kildare that have always, or almost always at any rate, been those five constituencies. We believe there should still be those five constituencies and, under the Bill, there will be a Cavan constituency, a Monaghan constituency, a Louth constituency, a Meath constituency and a Kildare constituency, involving the populations of those five counties, and those five counties only. We believe it would be preferable and quite democratic to leave those five counties intact, and have those five constituencies that have always been there but, as I said, we asked permission in the recent referendum to leave these five counties intact, and to retain those five constituencies without these unnecessary and undesirable transfers of population from one of these counties to another, but we were refused that permission. Now we have to go ahead and do what is being done.

I have agreed on a number of occasions throughout this debate that many different alternative solutions to this problem were possible. I expressed the opinion that the proposal put forward in the Bill was as good a solution as it was possible to achieve. Certainly I have no reason to change my mind having listened to the debate. I never claimed that every possible permutation and combination of constituencies had been examined, but that a reasonably detailed study of the constituencies had been made and I was personally satisfied that the least possible amount of disturbance consistent with having reasonably feasible constituencies would result. But, having seen the efforts produced by the Opposition, I am now more convinced than ever that what is being proposed is the most reasonable possible solution.

The main accusation made was the predictable one that the whole approach here is to try to gerrymander, but even on that the Opposition cannot be consistent. They should make up their minds whether this has been, as they allege, a skilful gerrymander. Gerrymandering, to my mind, appears to imply that the Party carrying out the gerrymandering will gain some electoral advantage from it. On the one hand, we are told that this has been a highly skilful gerrymander and, on the other hand, it is claimed that Fianna Fáil will be the losers by it. The fact is, as one Opposition Deputy happened to say before he realised what he was saying, that the information on which to base gerrymandering just is not available in this country. No one can say with any degree of certainty where the areas are which support the different Parties. No one knows exactly how the people in different district electoral divisions and townlands voted in the past, and certainly no one knows how they will continue to vote in the future.

It is quite clear from any objective examination of what is being done in this Bill that the whole approach has been to disturb the present pattern of the constituencies as little as possible, consistent with having feasible areas of representation, and, at the same time, complying with the constitutional requirements. It has been said that there was no clear pattern of approach on the part of the Government. I think our approach has been quite clear. As I said, it was to have as little disturbance as possible both of people from one county to another, and of the present constituency arrangements, and, secondly, there has been a tendency towards the creation of more three-seat constituencies. That is a tendency that has been developing over the years. This type of arrangement of the constituencies will, as Deputy O'Donnell of the Fine Gael Party said, make it more feasible for some Party to obtain sufficient seats at an election to form a Government. After all, at least one of the purposes of elections is to enable the people to choose a Government.

Throughout this debate the Fine Gael Party and the Labour Party when they took part in the debate have interpreted this as meaning that the creation of three-seat constituencies must always be to the benefit of Fianna Fáil. We are hardly likely to argue against the proposition that the people are more likely to continue to give majority support to Fianna Fáil than to either of the Opposition Parties.

They did not give it to the Minister in the referendum.

They were not voting for political Parties in the referendum. They will soon be voting again.

The Minister tried hard to get them to vote for his proposals.

The Minister said they would win by 100,000, but they lost by 236,000.

I will not argue with the Deputies opposite. If they say a pattern of three-seat constituencies will result in a Fianna Fáil Government, I will say that is fair enough.

That is what the Minister thinks. It will boomerang on him, just as the referendum did.

I find it just as inconceivable as Deputy L'Estrange does ever to visualise the people of this country, under any scheme of constituencies, returning a Fine Gael Government.

The Minister is taking French lessons.

He took French leave yesterday.

I thought there might be somebody on the Fine Gael benches who would pretend there would be some possibility——

(Cavan): Explain why there are three-seat constituencies in one part of the country and four-seat constituencies in another part of the country? Sin í an cheist.

Yes. I have explained it innumerable times. But, during that time, as Deputy Fitzpatrick knows, Deputy L'Estrange was unable to keep hold of Deputy Fitzpatrick. He kept running out of the Chamber, up and down to the part of Meath going into Cavan. He may not have heard me when I was dealing with that question. If he did not hear me, I suggest he might wait here and I may deal with it again. If not, I suggest that he read it in the Official Report.

From now on, we shall christen the Minister Mr. BeauxLand.

The approach here was to interfere with present constituencies as little as possible. Take the eastern area of Cavan, Monaghan, Louth, Meath, Kildare and Carlow-Kilkenny. There are six constituencies there at present—a Cavan constituency, a Monaghan constituency, a Louth constituency, a Meath constituency, a Kildare constituency and a Carlow-Kilkenny constituency. We propose to retain these six constituencies in the most feasible way possible. Eventually, after two or three weeks in this session, between Second Stage and Committee Stage, Fine Gael apparently finally came to a decision with regard to this part of the country: they proposed to retain only two of these constituencies. Under the partial scheme that they put forward here, by way of amendment, there would still be a Meath constituency and a Louth constituency but they proposed to do away with the traditional constituencies of Cavan and Monaghan and they proposed to do away with the traditional Kildare constituency and the established constituency of Carlow-Kilkenny.

Deputy Fitzpatrick claims there is no pattern to be seen in the Bill. The position under the Bill is that there are 26 three-seat constituencies proposed, 14 four-seat constituencies and two five-seat constituencies. Fine Gael put forward, as I said, a partial scheme in opposition to that. They did not put forward any definite proposals with regard to Dublin: the proposals for the Dublin area were accepted. In trying to compare the Government's proposals with the Fine Gael proposals, I have to assume that they accept the situation that we proposed in Dublin. On that basis, the Fine Gael proposals were for 19 three-seat constituencies, 18 four-seat constituencies and three five-seat constituencies. I think it is quite clear that the tendency in the Bill before the House is to opt for as many three-seat constituencies as are feasible. Outside the Dublin area, there are only eight constituencies which are not three-seat constituencies under this Bill. There are two five-seat constituencies remaining and that is because, in these two cases of Laois-Offaly and Carlow-Kilkenny, these two constituencies comply with the present requirements of the Constitution and it is possible for them to remain as they are. The other constituencies around them can be adjusted without interfering with them and, so, it was decided to leave these two constituencies as they are even though this does involve such straggling and difficulty to represent five-seat constituencies.

There are six four-seat constituencies outside the Dublin area. One of these is North-East Cork which is at present a five-seat constituency but which is being reduced to a four-seat constituency because of the extension of the borough boundary and the return of population to the city of Cork which is at present incorporated in the constituency of North-East Cork. The other five four-seat constituencies outside the Dublin area are in areas that are already four-seat constituencies and where there are only minor changes, if any. There are minor changes in them all, except one. These constituencies are: Longford-Westmeath; East Limerick; Mid-Cork; Wexford and South Tipperary.

With regard to Dublin, the peculiar thing is that—having complained about the creation of three-seat constituencies in general—apparently, if I understand the Fine Gael case properly, they want more three-seat constituencies in Dublin. They have not stated how many of them they want—whether they want a division in Dublin of 11 three-seat constituencies and one five-seat constituency or ten three-seat constituencies and two four-seat constituencies. Under the Bill, there will be ten separate constituencies in the small Dublin area; I should think that that is enough. Apparently Fine Gael do not think so—but they have not gone into any detail. They have not put forward any alternative suggestion except the suggestion made by the two Deputies Belton to the effect that an extra seat should be allocated to the Dublin area —at the expense of the rural part of the country—but, of course, they did not specify where this extra seat was to come from. Despite requests made by me, Fine Gael refused to state whether or not this was Fine Gael policy.

In so far as Dublin city is concerned, in view of the distribution of population, I think the proposed arrangement of constituencies is the best and is, in fact, nearest to the present arrangement. We have at present three constituencies on the north side of Dublin city and three in the south side. The Bill proposes three north side constituencies and three south side constituencies and one central city constituency. I pointed out on Committee Stage that, because of the population distribution in the city and because of constitutional requirements, it is inevitable that there will be one constituency at least crossing the River Liffey because the population is roughly equal on the two sides of the Liffey. The number of seats available is 27. Obviously, then, we must have one constituency crossing the River Liffey. I think, then, it is quite clear, despite the fact that Deputy Fitzpatrick maintains there is no clear tendency in the Bill towards large or small constituencies, that, where changes had to be made, the Government opted for the smaller three-seat constituency.

The whole debate here has been a laboured effort to make the Bill appear to be excessively controversial. I think it has, in fact, shown that there are at least as many of the Opposition Deputies satisfied with the proposals as there are Fianna Fáil Deputies— and there are certainly as many Fianna Fáil Deputies dissatisfied with the proposals as there are Opposition Deputies. That, in itself, is an indication that the revision was made purely in order to comply with the constitutional requirements and without any effort being made to suit one particular Party. In fact, as I have said, I would not know how to go about doing that. The alternatives that were put forward by the Fine Gael Party— and they were innumerable—were, all of them, more objectionable than the proposals in the Bill.

I do not know if we can take the last series of amendments put down by Deputy Hogan as representing official Fine Gael policy but he himself put forward a number of different alternatives during the debate and as far as I could see every Fine Gael Deputy who spoke had his own particular solution for the problem in so far as it affected his own area at least. The Fine Gael theory appears to be that the percentage of the total population that is required to vote outside of their own county is the only important thing. Of course, that is typical of the Fine Gael approach, that individuals do not matter so long as the total numbers affected are small, that the sense of frustration and almost of disfranchisement felt by the individuals concerned is a matter of no importance. I do not accept that proposition. In fact, I think that many people would agree that when a transfer has to be made from one county into another the people concerned will feel less frustration if there is a sizeable number, a significant number, transferred into the new constituency so that they will form a significant factor in the new constituency and form a community whose interests cannot, with impunity, be ignored.

(Cavan): How does the Minister square that with Meath?

I have dealt with that five-county area on a number of different occasions.

(Cavan): The Minister is contradicting what he said.

I think there is a reasonable number transferred and in any case the problem was that there were these five counties which could still remain each of them a three-seat constituency but had to have this unnecessary adjustment and I think it was desirable to retain a Cavan constituency, a Monaghan constituency, a Louth constituency, a Meath constituency and a Kildare constituency.

(Cavan): Splitting Meath into fragments.

What was done was the only way in which that objective could be achieved. The only other thing I want to say about this latest partial solution put forward by Deputy Hogan on behalf of Fine Gael is that the figures he gave for disruptions of people and disruption of constituencies were, of course, completely incorrect. For instance, in so far as the eastern region, as he described it, is concerned his proposal involves a disruption for that area alone of 104,453 people as against the 21,920 people who are proposed to be transferred in the Bill.

In addition to that, of course, his proposals also involve a much greater deviation from the national average of population per Deputy and a much greater deviation in this respect as between one of these constituencies and another. In fact, even the amendments that I accepted during the passage of this Bill, all of these resulted in departing further from the constitutional requirement of trying to achieve equality of population per Deputy as between one constituency and another. Deputy Hogan's proposals involve the creation of new five-seat constituencies and new alignments of whole counties with one another, the creation of long, straggling, irrational new five-seat and two county constituencies. The whole approach was obviously, as it has been by Fine Gael all along, on the basis that people do not count, that they are looked on as mere digits and if the total percentage can, by any faking of the figures, be shown to be small that the solution is an acceptable one. The question is in my opinion whether or not when you have to transfer people like this you should transfer a significant number or a number that will be so small as to make them a community of no significance in their new constituency.

(Cavan): Westmeath into Roscommon.

One of the things that seem to rankle most with the Fine Gael Party is that the part of Clare that has been transferred to comply with the requirements of the Constitution will be sufficient to elect a Clare Deputy. That is what is annoying the Fine Gael Party.

It is not bothering me a bit.

With regard to the position as between Donegal and Leitrim Fine Gael had different proposals but the one that was most often put forward was to transfer a comparatively insignificant number of Donegal people into a constituency either of Sligo-Leitrim or of Roscommon-Leitrim. Our proposals are to put a substantial number of Leitrim people into that constituency where they will form a significant element in the constituency.

Similarly with regard to the Water-ford-South Tipperary area where the existing situation is that there is a substantial number of Waterford people associated with South Tipperary and where there is, in fact, a Waterford man elected as Deputy for the constituency the Fine Gael proposal is to disrupt this position, to transfer these people back to Waterford and, in addition, to get rid of certain areas in Tipperary and transfer them into Waterford also.

Another example that I have just been reminded of is the one that kept cropping up all along. Deputy Hogan seemed to be obsessed with the desirability of transferring Taghboy and Ahascragh to Roscommon. I do not know whether it was Deputy Donnellan's suggestion or Deputy Mrs. Hogan O'Higgins's suggestion but that seemed to be one thing that was agreed anyway, that it was more desirable to transfer Taghboy and Ahascragh to Roscommon than to transfer the hinterland of Ballinasloe — Creagh, Culliagh, Cloonburren, Moore, and Ballydangan—and to let that area go with Ballinasloe.

I am quite satisfied that the proposal we put forward is the most reasonable one in the circumstances. I do not look upon it as a desirable solution at all. I think that the things we are required to do are not required by any democratic principle. I think it is, as the former Taoiseach described, a constitutional infirmity but the people have decided that this position should remain and that after every census apparently that discloses any significant movement of population in future we should have to go through this undesirable type of operation. That is the position. It has to be done and the new scheme of constituencies that is proposed is, I think, the best that can be put forward in the circumstances.

Question put.
The Dáil divided: Tá, 60; Níl, 46.

  • Aiken, Frank.
  • Allen, Lorcan.
  • Andrews, David.
  • Barrett, Sylvester.
  • Boland, Kevin.
  • Booth, Lionel.
  • Brady, Philip.
  • Brennan, Joseph.
  • Brennan, Paudge.
  • Briscoe, Ben.
  • Browne, Patrick.
  • Burke, Patrick J.
  • Calleary, Phelim A.
  • Carter, Frank.
  • Childers, Erskine.
  • Corry, Martin J.
  • Crinion, Brendan.
  • Cronin, Jerry.
  • Crowley, Flor.
  • Cunningham, Liam.
  • de Valera, Vivion.
  • Dowling, Joe.
  • Fahey, John.
  • Fanning, John.
  • Faulkner, Pádraig.
  • Fitzpatrick, Thomas J.
  • (Dublin South-Central).
  • Foley, Desmond.
  • French, Seán.
  • Gallagher, James.
  • Geoghegan, John.
  • Gibbons, Hugh.
  • Gibbons, James M.
  • Gilbride, Eugene.
  • Gogan, Richard P.
  • Healy, Augustine A.
  • Hillery, Patrick J.
  • Hilliard, Michael.
  • Kenneally, William.
  • Kitt, Michael F.
  • Lalor, Patrick J.
  • Lemass, Noel T.
  • Lenihan, Brian.
  • Lynch, Celia.
  • Lynch, John.
  • McEllistrim, Thomas.
  • MacEntee, Seán.
  • Meaney, Tom.
  • Millar, Anthony G.
  • Molloy, Robert.
  • Mooney, Patrick.
  • Moore, Seán.
  • Moran, Michael.
  • Nolan, Thomas.
  • Norton, Patrick.
  • Ó Briain, Donnchadh.
  • O'Connor, Timothy.
  • O'Leary, John.
  • O'Malley, Desmond.
  • Smith, Patrick.
  • Wyse, Pearse.

Níl

  • Belton, Luke.
  • Burke, Joan T.
  • Byrne, Patrick.
  • Clinton, Mark A.
  • Cluskey, Frank.
  • Collins, Seán.
  • Connor, Patrick.
  • Coogan, Fintan.
  • Corish, Brendan.
  • Cosgrave, Liam.
  • Costello, Declan.
  • Costello, John A.
  • Coughlan, Stephen.
  • Creed, Donal.
  • Crotty, Patrick J.
  • Desmond, Eileen.
  • Dockrell, Henry P.
  • Dockrell, Maurice E.
  • Donegan, Patrick S.
  • Donnellan, John.
  • Dunne, Thomas.
  • Esmonde, Sir Anthony C.
  • Farrelly, Denis.
  • Fitzpatrick, Thomas J. (Cavan).
  • Governey, Desmond.
  • Hogan, Patrick (South Tipperary).
  • Hogan O'Higgins, Brigid.
  • Kenny, Henry.
  • Kyne, Thomas A.
  • L'Estrange, Gerald.
  • Lindsay, Patrick J.
  • Lyons, Michael D.
  • McAuliffe, Patrick.
  • McLaughlin, Joseph.
  • Murphy, Michael P.
  • O'Donnell, Tom.
  • O'Hara, Thomas.
  • O'Higgins, Michael J.
  • O'Higgins, Thomas F. K.
  • Reynolds, Patrick J.
  • Ryan, Richie.
  • Spring, Dan.
  • Sweetman, Gerard.
  • Tierney, Patrick.
  • Timmins, Godfrey.
  • Tully, James.
Tellers:— Tá, Deputies Geoghegan and Mrs. Lynch; Níl: Deputies L'Estrange and James Tully.
Question declared carried.
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