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Seanad Éireann debate -
Tuesday, 10 Jul 1928

Vol. 10 No. 23

PUBLIC BUSINESS. - CONSTITUTION (AMENDMENT No. 6) BILL, 1928—SECOND STAGE.

Question proposed: "That the Constitution (Amendment No. 6) Bill, 1928," be read a Second Time.

I rise to oppose this Bill and to ask the Seanad to reject it as an undemocratic and reactionary measure. The Bill really constitutes an impudent and indefensible invasion of the rights of the people to elect their legislators. There is no real justification for the measure. No demand for it has come from any responsible body of persons, or any responsible organisation, outside of interested aspirants to position and power, who dare not face the electors for whom they propose to legislate. The principal argument in support of this shameless abrogation of democratic principles is the fact that in the first and only election for the Seanad, held under most abnormal conditions, only 307,000 electors turned out to vote for the election of nineteen Senators. But even in that election of 1925, held under those abnormal conditions, it was necessary to have a quota of, approximately, 15,300 in order to become a Senator. Many Deputies have been elected with about a quarter of that number of votes. Everybody who is not too blind to see will remember the particular conditions surrounding the one and only election for the Seanad that has been held. In the first place, it was boycotted by one of the principal Parties in the country, which resulted in the abstention of a large number of electors, taking away from the election itself the interest that is created by keen contests and political opposition. The voting hours were only from 9 a.m. to 7 p.m., just as if it were a general holiday, which it was not, resulting in thousands of electors of all classes who intended voting up to eight or nine o'clock being disappointed by the early closing of the polls, and also preventing people from voting before they went to business in the morning. The newspapers, some of which are now loudest in their condemnation of that election, were largely responsible for trying to kill interest in it by publishing nothing in connection with it except at the rate of one guinea an inch single column. Fancy applying conditions of that kind to a Dáil election and try to visualise the number of people who would come out to vote.

The wonder is that so many people took sufficient interest in the election under these circumstances. Because there was a small turn-out at one election is no reason for departing from the system of popular election. If for the London County Council only 38 per cent. of the electors voted, surely that is no reason why the London County Council, as a popular body, should be abolished, although it administers a revenue of £28,000,000 per annum, or considerably more than the total revenue of the Free State. The real complaint is not because of the number of people who voted, or who did not vote, but because certain people were defeated who it was thought would be elected. The Party ticket did not work to order in all cases. Even candidates who were carried in the arms of Ministers were not all elected. We have certain political pharisees who would have us believe that the Seanad electors have sacrificed moral claim to the suffrage, to the privilege of all free men, because in the nineteen electors that happened to be high up on the list, there were two representatives of a certain trade which I think is mentioned in Biblical history. With upturned eyes and in broken voices, more in sorrow than in anger, they point to this terribly profane act as the culminating deed of a degenerate and inebriate electorate. If they selected some of the manufacturers in that trade, that would have been a fine statesmanlike act, and we would have had no outcry. But the mere distributors are to be put outside the pale of the legislature. They are good enough, I presume, to subscribe to Party funds, and presumbably are good enough to stand as candidates for the Dáil. But in order to prevent the recurrence of such an outrage as having elected people of that trade to this august assembly we must disfranchise over a million Seanad electors.

Another argument is based on the question of expense. In creating an atmosphere some supporters of the Bill have been wildly inaccurate in their figures. We heard during the last couple of years statements in the Press and from platforms, to the effect that a Seanad election costs anything from £80,000 to £100,000 each time. In fact the impression was created in the minds of some badly informed people that it was an annual expenditure. The cost of the Seanad election in 1925 was only £44,000, and that is all that has been spent in regard to Seanad elections since the Constitution has come into operation. Economy could be effected in regard to elections by having them at rarer intervals, if that was the objection. But it is not the objection. On the same argument you could destroy all popular election to the Dáil, and to the various public authorities. Evidently in the minds of some modern statesmen and their instructors, the saving of a few thousand pounds per annum is of infinitely more importance than the exercise of these great principles for which there has been such huge expenditure of energy and suffering right down through the ages. If certain people who lost were elected the system would be extolled as a model of democratic wisdom. But if there were certain unsuitable people on the panel, who put them there? They were put there by the very people who are going to be, not only the nominators, but the electors of all Seanads for the future. The poor ignorant electors were condemned roundly for electing to this House people who were placed on the panel for them by members of the Dáil and Seanad.

It has been argued that popular elections would make the Seanad a replica of the Dáil. Necessarily it would not. The fact that there was a separate method of election, of nomination, the age of the electors, the age of the candidates, and the fact that a different constituency basis was adopted, would inevitably result in some material difference manifesting itself in the type of person elected as compared with the Dáil. But the new method will inevitably make this House a replica of the Dáil. The Dáil is going to predominate the elections. They will inevitably be on a purely Party basis, and they will be according to proportional representation, with the result that the people elected to this House on any one political ticket will inevitably be in direct proportion to the number that the Deputies that have elected them have secured in the other House. So that here we have one of the greatest arguments that was used against popular election—making the Second Chamber a replica of the popular Chamber.

But, when they wanted to select an electorate, they selected the most dependent electorate that the wit of man could conceive. Every Deputy will have in his own constituency aspirants to Seanad honours. Every man who has helped materially towards the election of a Deputy is going to advance claims that cannot be denied, unless the Deputy is going to take risks politically which human nature will not lightly or willingly take. How many T.D.s will have the moral daring to tell a local political bigwig that his political qualifications are not commensurate with his aspirations? These are the free and independent electors who are going to combine a moral courage, amounting to political suicide, with the matured wisdom of a Solomon in order that the Second Chamber may be the goal and the eventual reward of all the great and wise men of the nation. Then, too, the smallness of the electorate will render possible the most reprehensible practices and abuses. Instead of qualifying by the acquisition of useful knowledge or experience, or by a record of public service, candidates for the Seanad in future will have to qualify mainly as time-servers to half a dozen Deputies. Instead of going out on the hustings and manfully looking for thousands or tens of thousands of votes from the electors for whom they propose to legislate, the candidates will now have to cadge around the lobbies of Leinster House to get the votes of the half dozen people whose follies, or potential follies, and shortcomings it will be part of their duty to curb if they are elected. What a magnificent way of giving us an efficient, dignified and self-respecting Second Chamber!

There is a danger under the existing system. The smallness of the electorate and the dependence of the electors on the good will of the aspirants to seats in the Seanad—that useful public service will be construed as meaning the amount of contributions from individuals to Party funds or the help that they have rendered, or may be able to render, in getting Deputies elected to the other House. It seems to me that the future General Elections are going to bid fair to rival the experience we had in regard to the election of medical officers by the boards of guardians in the past. After a while we may have, in the interests of common decency, to get another Public Appointments Commission set up in order to see that corruption and malpractices are not resorted to. Without the semblance of a reasonable trial we are asked to turn our backs upon a method of election which was adopted by most countries that we are asked to look up to in most things. In the Commonwealth of Australia, the Seanad is elected by the same electorate as that which elects the popular House. In Belgium most of the Senators are elected upon the same electorate as that which elects the House of Representatives. In the United States of America, the Federal House there is elected by the same electorate as that which elects the members of Congress. In Czecho-Slovakia, the Second Chamber is composed of 150 members, elected by adult voters, 26 years of age and upwards. In Denmark, 59 of the Senators, out of a total of 78, are elected by the ordinary electors, who elect the members of the other Chamber, while the remaining 19 are elected by the outgoing members of the Second Chamber. In France, the Second Chamber is elected by an electoral college that is most elaborately constituted. Special elections take place all over France and its dependencies of delegates to the electoral college in connection with the election of the Seanad there. These are some countries in which there is popular election to the Second Chamber. Our system has been declared by many people to be the nearest approach they thought to the idea for forming a Second Chamber and, at the same time, adhering to the popular system.

The unwieldy nature of the constituency has been pleaded, but surely that is a detail. That could be remedied to a very great extent. It would be quite easy to divide the present constituency, which is the whole State, into three, four, or six constituencies, thereby making it quite easy for the people here to be able to understand, as well as they were able to understand at the last Seanad election, notwithstanding the circumstances of the time, the merits and demerits of the various candidates. I can quite easily understand the attitude of those supporting this Bill, who look upon democracy as a passing fad which can be honoured in theory and trampled upon in practice. I can understand the position of those who believe they are born legislators, whom a stupid electorate will not accept, and who are anxious to inflict themselves upon the people for the people's good. I can understand all that and more, but I certainly cannot understand the attitude of those ultra democrats who year in and year out bleat consistently and monotonously about the will of the people and of the right of the people to decide on every conceivable question, who talk of the people as the source of all power and so on ad infinitum, and who yet subscribe to a measure of this kind of naked and shameless reaction. The Fianna Fáil Party know that there is to be a Seanad. They know that it is to have very great and very wide powers, that it is to have the power of holding up a Bill for twenty months, and that it can thwart if it wishes and can hamper the actions of a patriotic and progressive Government. In spite of all that, they say that the people are not to have any views or any effective voice in the election of members of this House. For downright, brazen hypocrisy, the action of the Fianna Fáil Party in regard to the election of the Seanad is without parallel. There is no amount of explanation that will get them out of the position they have taken up in regard to this. I can quite understand, as I have said, the attitude of other people who really do not believe in democracy. They tolerate it, but they are not friendly to it, only because of expediency and not of principle, but when we come to people who pose as being the custodians of popular rights and of being heaven-sent exponents of democratic principles and policy, telling the people to whom they are always appealing, notwithstanding the fact that there is going to be a Second Chamber with great legislative and restrictive powers in existence, that they must not have any voice in the selection of that House, that they are too stupid and too incompetent to be able to select the people suitable for the carrying out of the work which a Second Chamber is supposed to discharge, it is really amazing.

I would ask the House to refuse to give a Second Reading to this Bill. If the members of this House wish to win the confidence of the country and the respect of the electorate, and thereby be empowered to do very much more good in the future than they could do otherwise, they will put the responsibility for departing from the democratic and the direct method of election upon the members of the other House. I do not know if there is sufficient conviction in the House to do that. If there is, then those who desire to maintain a Second Chamber which would be not only useful, but which would command the universal confidence of the people, should reject this Bill.

The method which is proposed will not give the most efficient kind of Seanad. We have evidence enough of that from the formation of the panel. It is not going to give independent or trustworthy men. It certainly is not going to give us the self-respecting men and women that we hope for. It is going to give us an anaemic contemptible assembly depending for its political existence upon the vagaries of a score of people in the other House. I can see nothing more humiliating than the spectacle of men messing about the corridors of Leinster House, buttonholing Deputies and Senators in order to get them to vote for them at a Seanad election. A candidate will be expected to do that, and having done it to take up a statesmanlike and independent attitude in regard to legislative measures passed by, among others, the people who sent him here. It is impossible. It is possible, I suppose, but it is unlikely, and not in accordance with the ordinary workings of human nature.

This Bill is evidence of the existence of that inordinate desire for the exercise of patronage which has brought so many corruptions and so much deficiency into the administration of this country. It is because of the desire to be able to exercise patronage, to be able to command support in the way of money from wealthy candidates and to be able to have hangers on around the other House, that this Bill is being brought in. It is mainly in that spirit that it has been conceived. It is not going to do any good to the country to pass it. It is not going to improve the efficiency or the usefulness of this House, and I hope the Seanad will refuse it a Second Reading.

I do not propose to vote for this Bill, but let me say at once that if I was faced with the alternative of being compelled either to vote for it or for a continuation of the old method of election to the Seanad, I would vote for the Bill. As Senator O'Farrell has shown, it leaves itself open to fairly effective but very cheap criticism. The last Seanad election—I am not saying the results of it but the experience of it—showed that anybody who would get on the panel and who would be unscrupulous enough to do it, could get elected by means that I need not elaborate, but they are sufficiently clear. When Senator O'Farrell was speaking I could not help reflecting that three members of this House who are co-opted members are, I think, in the general view, the three most useful members of this House. I wish that some more elaborate system of an electoral college could be devised to replace what is now in the Constitution. I am compelled to vote against this Bill, but I do not say that I am doing so for the reasons which Senator O'Farrell has advanced.

This Bill is founded very much upon the report of the Joint Committee which sat to consider this question. I would wish that, in the consideration of it and in the debate which will take place on it, we will get something less hysterical than we have just heard from Senator O'Farrell. Whether we like it or not, the fact of the matter is that upon us, the members of the Oireachtas, rests the responsibility of fashioning our institutions to suit the needs of the people and the necessities of the times. One would imagine, listening to Senator O'Farrell, that the farther one gets away from political organisations the better. If the picture that the Senator has drawn is a true picture of what transpires between him and his political associates, then I do not propose to comment upon that. The Senator's speech was one long hysterical comment. It was not a very creditable exposition of modern politics. I do not believe that the statement he has just made is one that the Senator would care to make in his political moments.

The fact of the matter is that the Seanad as it was constituted up to 1925 ought to have been, if the Senator's picture is a correct one, a most undesirable institution. Now it was not. The Seanad did remarkably good work from 1922 to 1925, and from 1925 up to date. As I have said, the problem for us is to see in what way we can best fashion all our institutions to suit the needs of the country and the people. We are not going to do that as long as we concern ourselves with the sort of talk that we have had on this Bill. The Joint Committee when it considered the question of a Second House had first before it a resolution to the effect that direct vote to the Seanad by the people was undesirable. That resolution was passed by a majority.

It is all nonsense to say that that was an undemocratic decision. The Dáil is the body that was elected by the votes of the people. In the event of this Bill passing, the Dáil is the body which will have a majority voice in the election of members to this House, not the entire voice, but a majority voice. I put it to any Senator who looks at the nominations from the Dáil to the Seanad which took place in 1922, and compares them with the Senators elected since, in 1925, to say what great big change took place, to say whether there was any outstanding violent difference in the representation which resulted. I do not think that it will be found that there was. I would like to know whether it is contended that, in the case of the 23 per cent. of the electors who exercised the franchise at the last Seanad election, this Bill proposes to disfranchise the electorate? It is only disfranchising a portion of them.

Senator Dowdall said that, as between the method of election laid down in the law as it is at present and this Bill, there is no doubt but that our judgment must be in favour of the present Bill. You had 76 names on a ballot paper at the last Seanad election. The list would now run up to probably 80 or 90 names, if resigned or outgoing Senators or ex-Senators expressed a desire to have their names placed on the list. That is the sort of list that, under the law as it stands at present, is going to be put before the people in Galway, Cork, Waterford, Donegal, Leitrim and so on. I put it, in all fairness, to any sensible person: is it likely that the electorate could be made acquainted with what all these candidates stand for, or that the electorate could be persuaded to take an interest in an election in which you had 90 contestants? I think it is beyond the power of an ordinary man, who has to attend to his own business, to concern himself with marking a ballot paper so that it will have its full effect, and it might so happen that to get a proper result a ballot paper should be marked up to the 88th or 89th preference, assuming that there were 90 names on it. That is a task that the ordinary elector would scarcely feel called upon to discharge, and it is because of that that the present system is a defective system and is not a good one. It is not a fair system to the ordinary candidate who has no political organisation behind him. What Senator O'Farrell is really taking his stand for is the right of particular political Parties.

You can have that under the Bill.

You have it in a different way. Might I venture to say that you will not have under the Bill all the terrible catastrophies that the Senator has presented us with as being likely to happen—of Deputies and Senators being harrassed by candidates seeking their votes in connection with an election to the Seanad. That is, I think, most unlikely to happen. The Senator went on to refer to the last Seanad election, and said the quota was about 15,000 votes. Now, 15,000 votes did not last very long. There were a good many Senators elected who got much less than 15,000 votes. In two elections in which I took part I got over 15,000 votes myself—I got over 17,000 votes in the same constituency— but that is no argument in favour of what the Senator has urged. If my recollection serves me, there were a good many Senators elected at the last election who got something less than 10,000 votes each. I am not making any point about that. The whole point about it is whether or not the people get a fair chance of exercising their electoral preferences under the present system. I hold that they do not. If we examine the proposition of having two popularly elected Houses, we are inclined to ask the question: what is the necessity of having two Houses elected by much the same means? The only difference is that a person of 21 years of age, and it may happen that the person may be under that age, can vote for a candidate to the Dáil, while a person must be 30 years of age before he or she can vote for a candidate at a Seanad election. That is the only difference in the method of election between the two Houses. Directly after a Seanad election a Senator may say: "I am more recently elected than a Dáil member, and I know exactly what the people want." I do not know that the present is the best system. I do not think that those who have studied electoral systems or constitutional arrangements are satisfied that the same electorate can give the best representation to two Houses having different functions in a Constitution. In my view it is not a good system.

The system of an electoral college has been mentioned by many people. It is a fine phrase. I admit that if we had an extension of it we might possibly arrive at a more ideal method of presenting to the Dáil and Seanad a good panel, but the fact of the matter is that when one sits down to map out what the electoral college ought to be one is faced at once with the question of its constitution. A certain section in the community would object if its numbers in relation to it were at such a percentage that it did not represent the views of its adherents throughout the country. Other sections may say, perhaps, universities should have a bigger representation than the trades unions, professions, and so on. It would be exceedingly difficult to get not only agreement on the subject, but even agreement upon the system and on the method of its formation, as well as agreement as to its use. All the time we are faced with the cost of compiling a Seanad register—it costs a considerable amount of money each year— and also of allowing money for elections. As we grow older we know more about the manner in which the administration of these electoral laws should take place, and we will be faced with the fact that they will cost very much more money than they cost before in order to ensure that the correct views of the people are recorded in each polling booth. After that we come back to consider the question of what would be the best method of having a Seanad election. For the last Seanad election there were, I think, 19 Senators elected. Since then three or four members have been co-opted. As Senator Dowdall has said, it does not necessarily follow that because a Senator is co-opted he is in any sense a less useful Senator than if he were elected to the Seanad in the ordinary way, and after all that is the question at issue: how can you best get an institution that will do the best work for the people?

As long as you have popularly elected representatives in the House which sends up the Bills here—the Dáil—as long as you have secured democratic authority in the construction of that House, and that is secured and will be secured, then it ought to be a matter for our most earnest consideration to see in what way we can best select the personnel of the second House In my view, having examined the matter as well and as earnestly as I could in the circumstances and in the light of all the information I could get on the subject, I am satisfied that of the two systems, the system which is at present in the Constitution and is the law, and the system which is recommended here, that this is the best, likely to give better results, be much less costly, and just as likely to give as true expression of the people's desires in this matter as that which has the more elaborate nomenclature of "the rule of democracy." As a matter of fact, something like seventy-six per cent. of the people did not take part in the last election. That does not stand and could not stand. Only twenty-three per cent. of the people exercised the right to vote as being the true expression of democratic selection in any country. The task which was set to the electorate in the last election was too big. To ask a selection to be made from seventy or eighty names on a ballot paper is most unreasonable. If you limit the constituency, if you reduce the number, you simply get a replica of the Dáil, and in that case it is much more likely that there will be a contest between the two Houses than in the other case where you have sober judgment, and not any particular personal suggestions regarding democratic ornamentation, which should enable members of the Dáil and the Seanad to express their views on any piece of legislation which was brought before them. The Bill, as Senator O'Farrell has pointed out, has to be considered in the light of some other alterations in the Constitution, and they number, I think, ten. Generally speaking, the whole series of Bills which amend the Constitution is carrying out the view of the Joint Committee, or carrying it out at least to a very considerable extent. The differences have been explained before. I feel fairly well satisfied that while the cost of the last Seanad election may have been in the neighbourhood of what the Senator suggested, £44,000, that another Seanad election would be bound to cost much more, and then there would be the revision of the Seanad electorate, in preparing the Seanad register annually. That is an expense which would be saved if this measure is accepted.

I am a supporter of the principles involved in this Bill; I was in favour of the principles in the original Constitution Committee, of which I was a member, and, therefore, I am not converted to this particular principle either by the merits or demerits of the last Seanad election, or the personnel of this House, or of the members who may have reached this House, whether they were elected directly or were nominated or co-opted or elected by the Dáil. I do not think that Senator O'Farrell was very serious in all his remarks. I prefer, at any rate, to believe that he was not, because he suggested all kinds of varying motives which were the reasons for members of this House and the Dáil supporting the principles in this Bill. I think he knows that if ever there was a question on which there is room for honest differences of opinion and for calm consideration outside party lines, or without party considerations coming in, it is on the question as to the method of getting the best Seanad, the best personnel, the members who will do the most useful service. To consider that, it seems to me, that you have to visualise what kind of second House you want. If you want a second House co-equal in power and authority with the other one, as in the United States, which was quoted by Senator O'Farrell, then I completely and absolutely agree with him that there should be direct popular election without even the restriction of nomination by the other House, as there is here. But it does not seem to me, and I have always held this view, and I do not much care whether it be called democratic or whether it be called undemocratic, that in a small unitary State like the Free State the so-called Lower House, the Dáil, must in the ultimate be the body which will express the will of the people. It is futile and useless to attempt to set up two Houses both of which could claim with authority that they were elected directly by the people and that they had the right to express the people's will. If that view be accepted, why then have the Seanad?

The object of the Seanad is to my mind two-fold, or I might say threefold. It is first of all to provide a sufficient check on the doings of the other House so that the people may have in the course of time through general elections the opportunity of preventing acts being done which are contrary to their will. If it is to be an effective House it should have enough power to do that; if it is to be an effective House it should be representative of the best of all parties, or groups, and should consist of the most leading men, the most experienced men and women of the respective parties and groups in the State. If so, it will have the requisite authority, that is the power which is in the Constitution to delay Bills until there is a general election. The second object, it seems to me, of the second House is to provide revision, and revision in a somewhat different atmosphere to that which of necessity will be from time to time in a House directly and popularly elected by constituencies. I claim that with all the faults of the present Seanad. and I admit them as we all do, that this House has done in the last few years, whether it has succeeded in its object or not, a considerable amount of useful revising work. The figures and the arguments that were so ably put forward by Senator O'Farrell showed in a recent debate that the Seanad has not failed in that regard. The third object of the second Chamber is supplementary, personal to the other House, to provide additional men and women who would be available for committee work, commissions. and other special work. How are we going to get a House of that kind elected? I am no foolish optimist. I do not believe this Bill is going to work any miracle any more than a continuance of the present system will work any miracle. If what Senator O'Farrell has said is true, if the parties in this State are going through their members to allow canvassing and the promise of money, the promise of local votes, and promises of this kind to be the sole consideration for the election or nomination of members of this House, then we will get a bad Seanad. I equally believe if they are prepared to do that you will get just as bad a Seanad if you have the system at present in force, for I am satisfied that only exceedingly wealthy people can hope to get elected under the present system, unless they were backed up by one or another of the existing parties. If that be the case then you will have the same canvassing, the same promising of funds, the same this, that and the other, as outlined by Senator O'Farrell, and if that is to be the governing feature of an election the same thing will obtain in getting a nomination by the Dáil as in getting the necessary support in the country.

It seems to me that in making this experiment we are, if you like, chancing, if you like, trusting to the best in the respective political Parties. The Parties will have by proportional representation the power of putting men and women into this House. It will be realised that one cannot tell the exact number, but approximately one will know the number of persons which a Party can elect if they put forward, as I firmly believe they will, most if not all of the persons who will be a help to their own Party in public life, who will be the most prominent supporters of their Party, most likely to help them in Party considerations and in the councils of the Party, and to cut a reasonably good figure in public life. I believe that is the type of person the Parties will choose. I further believe that the composition of the Seanad, which will not be of the exact same complexion as the Dáil, owing to the different times at which the members will be elected, will provide that amount of uncertainty which would allow a certain number of independent men to be elected, which would be extremely difficult under the existing system, or any modification of that system. Reference was made, though I believe it was not strictly within the scope of this Bill, to the question of an electoral college. It has never seemed to me that an electoral college was practicable, but I have always been in favour of a nominated college which would choose a list from which the members of the two Houses of the Oireachtas would choose the members of the Seanad. I have no hope of agreement at present as to the composition of such a nominated college, though I still hope another effort will be made to reach agreement in regard to this. My own personal view, which I have no doubt the President will look on as idealistic or impracticable, is that there should be vocational councils of an advisory character formed in connection with the various Ministries, and that they would constitute the nominating college. Until some statutory body like that is formed I see nothing but difficulty in providing a nominating college. This matter was gone into at great length by the Committee, but it was impossible to reach agreement. One of the great difficulties was the finding of bodies who had a definite statutory existence about whom there could be agreement in the different Parties, so that each Party would feel that the nominating college would put forward a requisite number of their supporters from which the two Houses could choose. From conversations I have had outside the Committee I have little hope that such a nominating college is going to be reached at present.

I believe the best method of electing a Seanad is that provided in the Bill, that is, the members of the two Houses voting together. That Senator O'Farrell believes to be undemocratic. He believes this House will not have authority. I totally disagree with him. I am democratic only to this extent, that I believe the ultimate will of the people must prevail and be recognised, whether we like it or not. I am not democratic to the extent that I believe every Party should be popularly elected, that every member of a Committee should be elected, and that we should have no person doing work in the State who had not gone through some form of election. The President may feel proud of the large number of votes he got in Cork, but I believe he ought to be more proud of the fact that he was elected President by the members of the Dáil. I suggest it is not at all undemocratic to appoint a Cabinet or a Government from the elected representatives of the people. If that be the case, I cannot see why it is fundamentally undemocratic to elect a Committee, or why in a revising or supplementary House such as we have the members of it should not be elected by the members of the two Houses together, especially in view of the fact that the ultimate vote will be with the Dáil as there are 153 members in the Dáil as against only 60 in the Seanad. I beg to support the Bill.

As a member having experience of elections to this House I support the Bill. I have very little criticism of it to offer. I regret that some machinery has not been provided which would set up a selection board or committee to examine the qualifications and credentials of prospective Senators and that would entitle them to nomination on the panel. I think such a body should have the power of nominating on the panel. Before the Committee Stage is reached I hope the Government will consider some means of providing that selection committee.

If I might venture to differ from the President there is one thing on which I would sincerely differ from him, and that is in his remarks in respect of Senator O'Farrell's statement. I was a member of the Joint Committee which considered, amongst other things, the question which is now before us. I heard Senator O'Farrell before that Committee in a calm moment make practically the same statement he made to-day, and he used practically the same arguments. I am quite convinced that Senator O'Farrell sincerely believes in the arguments he advanced. I am largely of Senator O'Farrell's point of view on this matter. I am personally opposed to this Bill. Senator O'Farrell advanced one argument which I thought unworthy compared with others he put forward, and which were answered by Senator Douglas. He more or less attributed the Government's advocacy of this Bill to the circumstance that perhaps in the last election one or two of their leading nominees were defeated. I do not think that weighed with the Government. I am satisfied that the Government's attitude on this matter is perfectly logical, consistent and reasonable. A Joint Committee was set up on the representation of Senator O'Farrell himself to consider these matters. It did so, and came to a decision, and the majority findings of that Committee are embodied in the Bill and they are championed by the Government. I think the attitude of the Government on this matter is consistent. If I may, I will venture to deal with a few points in this connection. The President said, "You have two methods of election before you. You have the method existing to-day in law, and the method outlined in this Bill." and the method the President proceeded to criticise is the one which at present exists.

His criticisms were threefold. First, he said the constituency is too large, and, secondly, that there were too many candidates. These were his two main grounds of criticism. Surely if the constituency is too large it is possible to divide it? That is an answer to an argument such as that. If the Free State as a constituency is too large, is there anything to prevent us for electoral purposes from dividing the Free State into four or five constituencies, and proceeding on the ordinary lines with elections to the Seanad? The President also said: "You will have only twenty-three per cent. of the people going to the polling booth," and why? Because they are not particularly interested in the candidates, you have too large a field with eighty or ninety candidates, and there is no reason why for sixteen or seventeen or eighteen seats there should be such a number of candidates. It seems to me reasonable and fair that for every vacancy in the Seanad there should not be allowed to go forward more than two candidates. I do not think the President's argument on this point is substantial. However, in this matter there is perfect latitude along the lines of reasoning, and there is room for two views. As the President said, the matter is one for earnest consideration. It is one on which we can have our individual viewpoints, and mine is largely coloured by this: there is in this country a fairly considerable section of our people who want to abolish this Chamber. They have failed to abolish this Chamber, and are likely to do so, but in as much as they admit at the present that they cannot abolish this Chamber, or take the necessary steps to do so, they said: "Let us make this a weak, inane, useless institution," and one of the preliminary steps they are adopting, to make a worthless, useless institution, is to remove the process of election to the Seanad away from the people, and it is because I accept it that the Seanad should be elected by the people themselves and be responsible to the people, and that it ought not to be elected by any intervening medium that I am going into the points made by Senator O'Farrell and which were answered by the President.

It is because I am jealous of the status, authority and dignity of this House that I want this House elected by the people. That is the only reason that influenced me in coming to the decision to which I have come. This morning in reading a report I came across a sentence from a statement by Mr. de Valera: "Seeing that the Seanad that is going to be elected here is divorced largely from the people, we think it improper that it should be in a position to hold up legislation." Largely divorced from the people—that is their interpretation, and in a sense it is my interpretation. I do not think that the Seanad should have any right to reproduce itself. There was nothing particularly wrong in the last election to the Seanad. No doubt the percentage who voted was only about twenty-three, but the constituency was too large and there were too many candidates. Too little was known about the candidates, and above all the political whips did not begin to crack, and there was not the usual political clash. There was no real test as to the interest of the people. If to-morrow the Fianna Fáil Party and the Cumann na nGaedheal Party withdrew from an election, I wonder what percentage of the voters would then go to the poll? Let us be fair in our analysis of the position. I certainly think that this House, for its own sake, would be very unwise to proceed in a manner radically different from the method employed on the occasion of the last election. I do not say that method cannot be improved upon. Of course it can, but in seeking to improve it it should not be necessary to make a radical departure from the true and proper method of electing to the second Chamber in this country.

Is it possible for this Bill to be amended in the Committee Stage?

CATHAOIRLEACH

You will have to answer that question for yourself. It is possible to amend any Bill.

Must we take it or leave it?

CATHAOIRLEACH

No. You can do anything you like with it. You can reject it, amend it or pass it.

Senator O'Hanlon has said most of the things I would like to say. A few points have been dealt with by the President that merit consideration. The President spoke about the size of the constituency, and the task that was put before the electors as being too big for them. I agree that the constituency was too large, but, as Senator O'Hanlon has said, it is the simplest thing in the world to arrange for a number of constituencies instead of having a single constituency. Stress was laid on the difficulty caused by having seventy-six names on the ballot paper. I do not object to that number of names being on it, but we must not lose sight of the fact that the seventy-six names were selected by the Dáil and the Seanad. If the members of the Dáil and Seanad go through a form of election for the purpose of selecting names on the panel to go before the people, surely everything is all right in that respect. The task imposed on the people in connection with the last Seanad election was not too big for them. The people who voted for the candidates of the party to which I belong, speaking generally, got less chance of education than others, and it was an extraordinary tribute to their intelligence that in a ballot paper containing seventy-six names, ninety-five per cent. of their votes were given for the Labour candidates whose names were on the list. That the task of voting on that occasion was not too great for the ordinary man is a tribute to the intelligence of the people of this country.

There were only nine names of members of the Senator's party, but what about the people who were not Labour candidates? The voters in their case had to deal with more than nine names.

I am speaking about what I know. I do not know how other people voted. The President said the task was too big for the electorate. but I am proving from facts that have come before me that the task was not too big for the least educated section of the people, the rural labourers, so I think the President's argument about seventy-six names imposing too big a task falls to the ground. The whole principle involved in this is the taking away from the people of the right of election to the Seanad. I do not think it is fair to take away that right. It is all very well to say that only twenty-three per cent. of the electors went to the poll altogether, ignoring the circumstances.

The year was 1925 and we were just emerging from the civil war, when a large portion of the population was disheartened and disillusioned, so "fed up" that I do not believe they would vote at any election. The polling hours were from 9 a.m. to 7 p.m., when most people who have to work for a living, farmers and labourers, had not time to go and vote. In addition to that, it was one of the most inclement days we had. Even in Dublin, the weather was so bad that people living in tenement houses who had only to go two streets to vote were not able to do so. I do not think it is fair to condemn the whole system after one trial. It is at least worthy of another trial. I do not say that another election should be held under identical conditions. Certain modifications could be made with regard to the size of the constituency and other matters, but the principle involved in the Bill takes away from the people their right to elect members to this House, and for that reason I am opposed to it. Some people claim that we should not take away from the people the right of the Referendum, while the same people want to take away from the people the right to elect members to this House. I must say that I cannot understand the position that has been taken up by the principal Opposition Party in the Dáil with regard to elections to the Seanad. They have been speaking about the rights of the people and about the will of the people, but on the Joint Committee, if their representatives voted the right way, the Government would not have dared to bring in this Bill. There is no use talking about the will of the people and that class of thing, when by their own action they determined to take away the rights of the people, as regards the election of members to this House. I think we have to be very careful in regard to inroads on the rights of the people. It is all very well to talk about giving representation to minorities. I think I can call to mind a speech made by the President of the Executive Council during the General Election, when he expressed the view that that proportional representation was a failure, so that our liberties are going to be banished by degrees.

You are in great danger!

I think the President did make that statement, but, of course, a change has taken place since then, and it was not found altogether practicable to put that into operation. Times may change again, and that can be done. Then the people will be bound up in the two party system, and the farmers and labourers will not have much chance. I think the House ought to refuse to give the Bill a Second Reading. If the Government desires a change in the method of election they will get every facility, but I appeal to the House to refuse to agree to a principle that proposes to take away rights the people enjoy under the Constitution to elect suitable and proper people as members of this House. For that reason I hope the Seanad will not give the Bill a Second Reading.

Senator Farren has borne out what I have said, that it is not the rights of democracy they are looking after at all, but the rights of particular sections in the country. The Senator said that in the case of his own political adherents, nine or ten candidates had all their votes. He simply proves that that is to be our whole consideration of popular representation that so long as one party gets what it wants, or is able to get the maximum advantage out of the Constitution, that is democracy. It is a new interpretation of democracy. The fact is 307,000 persons voted at the last Seanad election. The Senator said that was not too great a task to put before the people. Let us examine it. Nine Senators get elected with the quota and ten without the quota. Thirty-seven thousand seven hundred votes were lost, non-transferable, and according to Senator Farren it was successful because his three men got the full power of the ten Labour candidates up for election. That is the new democracy!

I pointed out that the task is not too big.

Well, I have proved that it is.

And that the papers were intelligently marked.

I propose to vote for this Bill. I shall do so not because I am not enamoured of it, but because I believe it is better than two very indifferent alternatives. I had hoped when the matter was raised some months ago that we would have a discussion on it on its merits. It seems to me that what has happened in the other House has prevented that. We are now in the position of either having to take this Bill or having to go back to the system of election already in existence. It is unfortunate that that is so and the effect, if we do not pass this Bill, is that the election will take place under the old system. Had it been possible to put up a third alternative personally I would have preferred to see the method of an electoral college further explored. Of course, I realise and we must all realise that there was never yet an ideal system of appointing a Second Chamber in any country. It is the most difficult problem of constitution makers all over the world, and all we can do here is to try to get the best solution possible. My own view is that the electoral college system is the best. The electoral college system exists in France. We have heard a great deal about the violation of democratic principles in this Bill. There has been a lot of talk about a democratic Seanad. In my judgment a democratic Seanad is a contradiction in terms, as the Seanad is not intended to be democratic. Under the Constitution it was not intended to be democratic. The old system was not intended to produce democrats, and for that reason the age of the electorate was raised from 21 to 30 years. The Seanad, as I take it, is intended to be a revising and a checking Chamber on the lower House, and it was for that purpose that the framers of the Constitution limited the electorate by raising the age. Certainly, as far as I have been able to judge the system, as it has already worked, it is extremely unsatisfactory. I would prefer this Bill to that at any rate and for that reason I propose to support it.

I am going to oppose the Bill on the ground that the system it proposes is not a fair or a reasonable way out of the difficulty. The present system has proved to some extent not to be all that people would wish or desire in the result of its workings, but equally so the alternative suggestion is open to many objections. After all, the people are the foundation upon which democratic constitutions rest. That principle must be preserved and ought to be preserved as far as it reasonably can be. The people should be entrusted with power to do all things within their competence. They are competent to elect members of the Dáil. If instead of having separate electorates for the Dáil there was the same electorate for the Seanad and Dáil, in that way you would have an absolutely different result. Where the present system lamentably fails is that the average elector only knows those candidates who are in a particular area and will not know men of outstanding ability and energy outside his own area. Outside of their own county or group of counties the electorate will know very little about candidates. The result is that when the average elector gets a ballot paper with names on it he will know possibly only two or three names and be familiar with two or three other names. As to the rest he is depending on what he can pick up. People have come to me, as I am sure they have gone to other Senators, and asked: "How will I mark the list; what would you suggest?" The present system is not a clear expression of opinion by the electorate at all as we have it to-day. I think the Bill is a little improvement on the present syestem, but it is only a half measure. The suggestion thrown out about dividing the electorate into groups of counties is, I think, the nearest and the best solution that could be got.

In this matter what I think the Seanad has really to think of is what sort of a Seanad they want. When the Seanad was set up undoubtedly what those in power designed was a body of persons, as far as possible not connected with politics, independent people, who would look at all matters and laws from a different point of view to that of political parties in the Dáil, who would be a check upon that House, so that there would be time for consideration of the measures, and that they could be considered by a different class of people. The Seanad was to be different in every way to the Dáil. That was the original object of setting up the Seanad. Some members of this House were nominated by the Executive Council, and some were appointed by the Dáil. The arrangement in the Constitution was that after the Seanad was brought into existence elections would then take place for a certain number of Senators every three years. At that time it was thought that the constituency should be the electorate of the Free State, over 30 years of age, which could not be manipulated according to political methods. That being so, it was thought that no candidate could influence the electorate but that it should be on the records of the candidates alone. As a matter of fact, it was found that none of the candidates, except those who took special efforts and who knew something about political methods of placing themselves before the country, could possibly make themselves known even to an infinitesimal number of the electorate.

Those who are elected were mainly those with organisations behind them, or with political Parties behind them, and the idea of getting responsible people in the State, who had proved their value, and whose services were known in the past was not taken into consideration by the electorate. The old idea of having a Senate composed of a body of people who had done good service for the country, whose opinions were valuable, who would not be connected with political Parties, and who would be a check and guardian of the interests of the people was swept away completely. I think undoubtedly that is the opinion held by impartial critics of the last election. How are we to be elected if we are to have the whole constituency as we had the last time. It will be an extremely expensive matter for any ordinary individual to stump the country. He must advertise which is very expensive as those of us who are in business now.

It would cost a in any case to be elected.

This is what would happen if we stick to the present arrangement. Any candidate if he was rich and wanted to get into the Seanad, and chose to spend money, could do so and there is very little doubt that he could by the ordinary electioneering methods get himself returned. But is that what the Seanad wants? Another set of candidates could undoubtedly use their organisations. Senator O'Farrell has referred to a trade to which I belong and said that we had enough influence to get our representatives elected. I daresay we could. Does anybody think that by the use of these methods that similar organisations or trades could not do it? It is quite possible by these methods to get individuals elected because they suit people who are in their particular line of business, or particular line of life. But the idea that the constituency of the whole country will pick out eminent citizens is wrong. Would the class of candidate of whom it might be said: "Certainly he is a good man; he has done good work; I would like to see him in the Seanad," be likely to succeed? That class would not have the remotest chance under the present system.

Therefore the conclusion I came to on considering the matter was that if the country wished the Seanad to remain a body of people of eminence, really calculated to do good by having sound opinions upon certain things, who were willing to give their labour to look after matters connected with the law-making of the land, the present system was absolutely hopeless. I do not hold, as Senator O'Farrell does, that the Dáil and the Seanad is a hopeless constituency. I have a higher opinion both of the members of the Dáil and of the members of the Seanad than that. I believe that the Dáil does represent the opinions of the people. It is elected by the people, and its members must be, on the whole, very fair representatives of the people. I do think, as far as I know the Seanad as it exists to-day, and as I hope it will continue to exist, that it is a sensible body of people who, when members vote for anybody, do so because they think that person will be a good representative in the Seanad. I do not hold that when you take these two bodies together they will elect people simply because these people walk around promising this, that, and the other, and ask for votes for this, that, and the other reason. I doubt if anywhere in the Free State you would get a better set of people to elect Senators than you will if you take the two Houses together.

As far as the electoral college is concerned, I agree with Senator Hooper if we could get it, but I would not agree to it for election purposes. I do not hold that an electoral college could ever be invented which could elect Senators, but I do think that it could select a panel, and it would be a great blessing if we could agree some day on an electoral college which could select candidates for the panel, but I do hold that the two Houses should finally elect them. I believe that the idea of democratic election is fully observed by an election of the two Houses, the Dáil, elected by the people, and the Seanad, what I call a non-political element in the people. I believe that the people want the representation and the services of non-political people.

Who are they?

How to get them is extremely difficult. But if anyone thinks that by having the election by the body of the people as a whole, or by cutting the country up into constituencies, we will get that class of people to go into ordinary electoral methods, to spend money, to go down and advertise themselves, to use all the usual electoral methods which would be absolutely necessary to get votes under the present system, or that any cut-up system would be satisfactory. I say that that would be hopeless. You would only lose all the class of people that the country wants to see sitting in the Seanad. Therefore I hope that the Seanad will pass this Bill, as this is the only means—at least so far as I can see—of getting the class of people brought into the Seanad which is a necessity for the good of the country, and necessary eventually for the continuation of the Seanad. I hold that the Seanad, whatever may be said for it, is the greatest guardian of the best interests of the people of the whole country. With a political Party appointed to the Dáil, following some sudden excess of opinion one way or another, it is quite easy to see that there would be necessity for time to be given so that people could see whether measures they brought in were right or wrong. There is only one body that can ever check that, and that is the Seanad. Therefore I hold that the best interests of the people are really looked after in the best way by the Seanad.

I wish, I suppose at the eleventh hour, to give my opinions on this important proposal. When I heard for the first time that the Government intended to change the method of election I was rather alarmed. I thought it was taking a great risk, that in the sense of popular representation, as far as we have gained in knowledge of government, it would be a wise policy for the Government to let well enough alone, and that we should be rather slow in adopting the method of election that is suggested. I have gone into the matter and have taken a great interest in it, not as was charitably said of some members, merely to vote as a friend of the Government. I hold my own personal and independent opinions on all matters from top to bottom. Having listened with all the patience and all the intelligence that I can command to the suggestions that have been made, I do believe that the Committee appointed by the Government came to the only sensible conclusion that was possible in the circumstances, and consequently I hold with confidence the opinion that the Government's suggestion should be supported by the Seanad as the best one. I have a great deal of hope that, because this question has been raised, some easier and perhaps more popular means can be adopted, and that instead of everybody being elected together, the constituency could be divided into groups. But I see that everything suggested bristles with difficulties and that it is much better to hold the election in this way on the grounds suggested by the Government than to make any other change for the present, and I cordially support the Government in the matter.

I have very little to say on this matter, but as every member of the Committee expounded his individual views, I will give mine. My individual view in the Committee was that a change was undesirable and I am still unrepentant. I recognise the fact that the Government have dealt with the matter practically in the only manner that they could. They established a Joint Committee. That Joint Committee came to certain conclusions, and this is one of its recommendations. We did not discuss to any extent the principle of an electoral college. Senator Jameson criticised the last election, and instanced it as a reason for departure from the method by which nineteen new Senators were elected. He said that any man who wished to spend a sum of money could secure election. I explicitly question that. I do not think, whatever a man spent, that if he appealed to the democracy he would secure election in this country unless they were satisfied that they were advancing the interests of their country by voting for him. Senator Jameson will not have an opportunity of trying, so that we will not be able to say whether my opinion or his is the correct one. But I think that the system devised in the Constitution to try to get a House of a different character was possible of achievement by the old method. The mere fact that the age of the electorate was thirty years instead of twenty-one, ensured that the outlook of the people voting would be altogether different from that in the case of a Dáil election, and that therefore people of a different outlook would be secured. That in itself should, I think, help to secure the type of House which Senator Jameson and we all desire, because we surely desire to have a House of a somewhat different character from the Dáil. The Dáil and the Seanad are now held up as a practical—I will not say ideal— but as a useful, practical and proper method of electing the Seanad. We must not overlook the fact that the last Seanad was practically altogether the selection of the Dáil and the Seanad, because every man who got on to the panel was put there either by a member of the Seanad or by a member of the Dáil. If the members elected have proved a failure, the electorate is not responsible; those that put them on the panel; the members of the Dáil and the Seanad are, I maintain, responsible. If you believe that the action of the Dáil and the Seanad has proved to be unwise, if you believe that the opinion of the Dáil and the Seanad, as expressed in the nineteen members who were returned at the last election, was bad, then I think it is not a good plan to give people, who have shown their incapacity to nominate a Seanad of sound views, the election of them for the future.

Question put.
The Seanad divided: Tá, 17; Níl, 10.

  • William Barrington.
  • Sir Edward Bellingham.
  • Samuel L. Brown, K.C.
  • Mrs. Costello.
  • John C. Counihan.
  • The Dowager Countess of Desart.
  • James G. Douglas.
  • Sir Nugent Everard.
  • Dr. O. St. J. Gogarty.
  • Benjamin Haughton.
  • P.J. Hooper.
  • Right Hon. Andrew Jameson.
  • General Sir Bryan Mahon.
  • Sir Walter Nugent.
  • Joseph O'Connor.
  • James J. Parkinson.
  • W.B. Yeats.

Níl

  • T. Westropp Bennett,
  • William Cummins.
  • James Dillon.
  • Michael Fanning.
  • Thomas Farren.
  • Patrick W. Kenny.
  • Thos. Linehan.
  • John T. O'Farrell.
  • Michael F. O'Hanlon.
  • Siobhán Bean an Phaoraigh.
Motion declared carried.
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