CONSTITUTION (AMENDMENT No. 2) BILL, 1926—THIRD STAGE.

The Seanad went into Committee.

CATHAOIRLEACH

The Seanad will now have to consider what it proposes to do with the Constitution (Amendment No. 2) Bill. The Committee Stage of this Bill is quite in order.

SECTION I

The Constitution shall be and is hereby amended by the insertion therein of the following paragraph at the end of and as an addition to Article 21, that is to say:—

"The member of Dáil Eireann who is the Chairman of Dáil Eireann immediately before the dissolution of the Oireachtas shall, unless before such dissolution he announces to Dáil Eireann that he does not desire to continue to be a member thereof, be deemed without any actual election to be elected at the ensuing general election as an additional member of Dáil Eireann not representing any constituency and shall as such additional member have all the rights and obligations of an ordinary member of Dáil Eireann (including eligibility for the office of Chairman) save that his death, resignation, or disqualification shall not create a vacancy in the membership of Dáil Eireann."

Sir THOMAS ESMONDE

I wish to amend Section 1 of the Constitution (Amendment No. 2) Bill, 1926. We discussed the question of the position of the Speaker yesterday and I would like to find a solution of what, no doubt, appears to the Seanad a somewhat involved situation. What I propose to do is to move, in line 31, the omission of the words "not" and "any," and the insertion in place of "any" of the words "his former." The section would then read, beginning in line 30:—

elected at the ensuing general election as an additional member of Dáil Eireann, representing his former constituency and shall as such additional member have all the rights and obligations of an ordinary member of Dáil Eireann...

Mr. O'FARRELL

On a point of order, is it really worth our while discussing an amendment for the circulation of which there has been no time? This is an indication of the impossibility of doing business here in the proper way. The Minister has not thought it worth his while to attend the meeting of the Seanad.

CATHAOIRLEACH

The Minister has sent a message stating that he is absolutely and unavoidably detained on other public business.

Mr. O'FARRELL

Then I move that the consideration of this and the other Bills be postponed to admit of the attendance of the Minister. We have very long discussions here almost every day about procedure and Standing Orders and some of us are beginning to get fed up and pretty well ashamed of the House and the manner in which we deal with business. There is a deplorable lack of business instinct in the way in which we conduct our proceedings. It is absurd to discuss an amendment that has not been circulated—an amendment to a very important Bill. The Minister in charge is not even present and Senators cannot pretend that they are taking their business seriously if they allow themselves to deal with things in this manner.

CATHAOIRLEACH

Would the Seanad consider the advisability of referring the three Constitution (Amendment) Bills to the Select Committee already appointed? That would give ample time for their consideration. If time is wanted for the consideration of these measures it occurs to me the proper course would be to send them to the Select Committee that has been appointed.

Mr. BROWN

What I feel about these Bills is that they are to amend the Constitution. That is a very serious thing, and no amendment ought to be moved which Senators have not had an opportunity of considering. I do not know whether the suggestion that you, sir, have made is the better one, but some action ought to be taken to prevent us going through with the consideration of amendments which only came into our hands after we had assembled.

Sir THOMAS ESMONDE

May I say that I am certainly in favour of postponing the consideration of this measure until Wednesday next when we can discuss it properly. During the interval the amendments can be printed and circulated to Senators. I hold strong views on this particular matter, and wished to amend the Bill as far as I could, but it was not possible for me to circulate my amendment in time for to-day's meeting of the Seanad.

CATHAOIRLEACH

There is no urgency at all about these Bills.

Sir THOMAS ESMONDE

Then I move that the consideration of this Bill be postponed until Wednesday next.

Dr. GOGARTY

It must be perfectly obvious to the House that during the last half-hour we have been engaged in a discussion to accommodate a measure and to make up for the precipitate way in which amendments have been thrust upon us. I suppose we ought to be grateful that they have not used the telegraphic system for putting them before us. The whole House has been put into a chaotic condition, and it has required all your ingenuity, sir, to find a way for allowing the House to function. The matter has really come to that. It is really too bad the precipitate way in which these amendments have been thrust on us, not through your fault or the fault of the House. It is not right that the House should have to use these tactics and should have been put to the pin of its collar in the way of ingenuity to refer these Bills to a Select Committee. I do not think that they should be referred to a Select Committee, but rather that the House should have an opportunity of discussing them at large. I agree with anyone who suggests that we should fix a date and have a thorough discussion on them. Select Committees merely means avoiding discussion and a hole-and-corner method of getting amendments through that might not be at all welcome to the country or to the House at large.

CATHAOIRLEACH

I do not think that is quite fair to our Select Committees, because you must remember that they have got to report back to the House and that their report can be altered, revised or rejected.