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Seanad Éireann debate -
Wednesday, 24 Oct 1928

Vol. 10 No. 31

PUBLIC BUSINESS. - SEANAD ELECTORAL BILL, 1928—THIRD STAGE.

The Seanad went into Committee.
Sections 1, 2, and 3 agreed to.
SECTION 4.
(1) Before every Seanad election a panel of candidates for such election shall be formed in accordance with this Act.
(2) For the purposes of Article 32a of the Constitution the day appointed by law for the completion of the formation of a panel of candidates for a Seanad election shall be the 13th day of November preceding such election or, when that day falls on a Sunday or is a bank holiday, the next day after such 13th day of November which is neither a Sunday nor a bank holiday.

This section deals with the formation of panel of candidates. I feel that, as regards the formation of the panel by either House, that some days should elapse, say two or three days, so that one House would be in a position to know the candidates that had been nominated by the other House. As this section in the Bill stands, it appears to me that it will lead to duplication. I think it is desirable that that duplication should be avoided, and with that object in view I move the following amendment:—

To add a new sub-section to Section 4 as follows:

The formation of the panel of candidates by Dáil Eireann and Seanad Eireann respectively of qualified persons for inclusion in panel of Seanad elections shall not be made on the same day, but shall be made on days at least three days apart. The panel so first completed shall be forthwith communicated by the Clerk of the House first completing to the Clerk of the other House.

The object I have in view is that when the panel is completed by House A it shall be communicated by the Clerk of that House to House B, so that the members of House B would not include in their panel any person who had been selected by the other House. That, I think, would prevent the duplication that is likely to arise under the section as it stands. If the two Houses meet on the same day to select their panel, it is possible that you may have only 19 candidates, and I do not think that is quite desirable.

CATHAOIRLEACH

I would like to point out two difficulties in connection with this amendment. I am not now dealing with the merits of the amendment at all, about which there may be a good deal to be said. There are two difficulties in the way. The first is, which House is to select its panel first? There is no provision in that amendment with regard to that.

Either House.

CATHAOIRLEACH

But if the two Houses do not agree as to which is to have precedence in the matter, what is to happen?

If you wish you can set out in the Bill that Dáil Eireann would select its panel first.

CATHAOIRLEACH

That would be one way of getting out of that difficulty. There is another difficulty which I would like to bring to the Senator's notice, though I am sure he has not overlooked it. As far as I can make out from the dates that have been suggested so as to give a reasonable opportunity for the carrying out of the various matters specified between those dates, it seems to me that if any amendment is put into this Bill which may not be accepted by the other House with regard to the formation of the panel, it would possibly result in protracted negotiations or in perhaps the blocking of the Bill altogether. That is a contingency that we ought to bear in mind. I have looked through these dates, and the various steps that have to be taken, and it seems to me that we will run a very great risk of this Bill passing into law too late if there is any amendment inserted which is going to be of a controversial nature.

I would like to point out to the Seanad that in the resolution that I intend bringing before the Dáil for the formation of the panel that the date that I am proposing for that is the 8th November,—that is, the Thursday previous to the 13th. I do not know what the Dáil may do as regards that, but I expect it will be accepted. As far as I understand from the date that has been selected tentatively by the Committee dealing with the matter, there is no danger that there would be any clash, but I agree with you, sir, that if this amendment is accepted you may have an interminable wrangle between the two Houses as to which House should make up its panel first. There is also the fact that the joint panel allows for twice the number of vacancies, and it is very unlikely that a situation would occur in which you would have less people on the panel than there are vacancies.

With all respect to the Minister, I do not think that is the point. I think that the object that Senator Bennett has in view is to prevent the same person or persons getting on both panels. Suppose that the two Houses meet on the one day to form their panels, and that John Byrne, say, is nominated on the Dáil panel, it may be that the same person will also be nominated on the Seanad panel. I think it is to avoid a situation of that sort arising that Senator Bennett has moved his amendment.

CATHAOIRLEACH

If that only happened in one case, what would occur is this: there would be one short there. Instead of there being 38 and 19, or whatever the number comes to, there would be one less.

I suggest that there would be two less.

CATHAOIRLEACH

No. I am taking the case that you have put of one person appearing on both panels. The result of that would be that there would be one less on the selected list.

If you can make an arrangement whereby you will prevent the same person appearing on both panels, I think it would be desirable to do so. Otherwise, I think, confusion is bound to arise. The Seanad, for instance, might wish to put a particular person on their panel, but if he is already on the Dáil panel, there would be no need to put him on, and then some other choice could be made. I think that a good deal of confusion will be avoided if some days are allowed to elapse between the formation of the two panels, so that one House will know the selections made by the other.

CATHAOIRLEACH

The difficulty is that the proposal cuts both ways. Which House is to form the panel first?

I do not think either side cares very much which makes the selections first.

CATHAOIRLEACH

I think that is a rather violent assumption. I do not know, but I think that there is a good deal of jealousy in these matters as between the two Houses, and I am not so sure that it would be a matter so easy to arrange as you suggest. The Minister has told us that he proposes to ask the other House to select their panel on the 8th November. If this House is satisfied with that, then when we come to discuss our Rules, we can fix a later date. In that way we will have it all in our own hands. We need not worry over it.

Might I ask a question in relation to the possibility of this Bill not passing? What will happen then to the nineteen members of this House who are due to retire? Will they continue in office?

CATHAOIRLEACH

You are now putting a conundrum to me, Senator.

I was wondering if the Constitution made any provision for that, or do they cease to be members of the House altogether.

CATHAOIRLEACH

I am sure they will still draw their salaries.

Some Senators seem to think that it would be a terrible catastrophe if the same names were to appear on both lists, but it is not so terrible when you come to think of it. Suppose that the two Houses agreed to nominate the same identical nineteen persons, then you will be saved all the trouble and expense of an election, and you will have the further knowledge that the two Houses are agreed that these nineteen are the most estimable persons and ought to be elected. If the two Houses select nineteen identical people, then you would have a magnificent selection by both Houses. You could not, I think, have anything better than that. There would be no election and no cost to the country.

CATHAOIRLEACH

You are almost thinking, Senator, of Utopia.

It is quite possible that a person may have great difficulty in making a choice between two people that he would like to nominate. I might have A and B in my mind and I might have the greatest difficulty in making a choice as between A and B for the Seanad panel.

CATHAOIRLEACH

As long as you have B in your mind and not in your bonnet it will be all right.

Wherever I may have it, it is quite possible that the second candidate would be a desirable person to have as a member of this House. Under the present arrangement A might be selected, both by the Dáil and the Seanad, whereas if my amendment were given effect to I would know that he had already been selected by the Dáil and I could put B forward as a candidate for the Seanad panel. If the two panels are formed on the one day it will not be possible to do that.

I am afraid that the amendment if passed would give rise to a wrangle between the two Houses. I think that perhaps you might be able to get over the difficulty if some provisions were inserted to the effect that candidates could not go forward on both panels: that they should decide to go for one or the other.

Amendment put and declared carried on a show of hands.

CATHAOIRLEACH

I do not know what is going to happen to the Bill now.

Would I be in order at this stage in moving an amendment to the amendment just passed?

CATHAOIRLEACH

I will now put the question: That the section, as amended, stand part of the Bill, and you can move any amendment you wish to that.

On that question I would just like to say a word. The point dealt with in the amendment which has just been passed—an amendment which we had not an opportunity of seeing before it was moved—was one of the matters that was considered by the Special Committee of this House that met to consider this Bill during the Recess. Those who have read the report of that committee will recollect that it was stated in the report that this matter was drawn attention to, but that the Committee would make no recommendation on it. I take that to mean that the committee did not see the practicability or otherwise of it. If it was felt by Senators generally that the matter was one that ought to be gone into, then I think that we ought to have had it before us in the form of a printed amendment so that everyone would have the opportunity of giving the matter full consideration.

There was no opportunity given of having the amendment printed. The time allowed was too short.

The position is that we have a certain number of amendments on the Order Paper to this Bill. I am in the position, in dealing with this Bill, of trying to be helpful in every way that I can. I do not know what other amendments are to come forward to this Bill to-day, in addition to the amendments that have been printed and circulated. In regard to certain remarks that I made yesterday on the Second Reading of the Bill, I would like to say that I was prepared at the beginning of this year to introduce legislation dealing with this question of the Seanad election and matters arising from it. I was prepared to do that in March last, shortly after the motion referring this whole matter to a Joint Committee was discussed here and passed against my pleading. I was put into the position then that I could not introduce legislation until the 7th June. Owing to the general representations on the matter that arose at that time, as well as because of certain recommendations made by the Committee appointed to deal with the matter, I had, in order that I might introduce legislation in time for the election this year, to jettison a proposal on the question as to how casual vacancies should be filled. That is a matter that will have to come on subsequently. I know quite well, because of the lateness of the time in which these matters arose before the Dáil, that a very considerable amount of the time of the Dáil was taken up discussing them. If the proposal had been brought forward early in the year, as I had intended doing, to deal with the matter of legislation, I feel that a good deal of that time would not have been lost. I feel also that the Seanad as a whole has not been able to give to the discussion of matters connected with the Seanad the amount of consideration that these matters really deserve. That is due to the fact that the matter was discussed by a Joint Committee, which delayed the period that the Seanad as a whole would have for its discussions. Sending the matter before a small Committee caused delay and limited the time that the Seanad would otherwise have had for a discussion of this whole matter.

If we are now going to be put into the further position that when we have disagreement on perhaps fundamental points between this House and the other House as to the dates on which each House shall select its panel and on other points, such as whether there is going to be postal voting or not, then the position is that we are going to be prejudiced in carrying out the election. Quite a number of factors have shown themselves up in the discussion of these matters. Certain classes desire the delaying of this particular measure so that it shall not be possible to hold the Seanad election before the 6th December next. In that event the situation that would be created would be this: that the fifteen outgoing members of the Seanad would not be allowed to vote and would not be allowed, as the phrase goes, to reproduce themselves in the Seanad. I ask the Seanad to consider these matters. If we are going to have a discussion now on a large or small number of amendments that will mean sending the Bill back into the Dáil for further discussion, then you will have further delay. As regards the amendment that has just been passed, there will have to be added to this particular section the machinery for carrying out the arrangement by which the Seanad will form its panel on one day and the Dáil form its panel on another day. It may be very difficult to provide that machinery. It may be more difficult than to arrange that the two Houses will form their panel on the same day. In actual practice, and as far as we can judge from the circumstances that exist at the moment, there is going to be a difference of five days as regards the formation of the panel by the two Houses. Suppose you agreed that there should be a difference of five days or only two or three days or that the panels for both Houses should be brought together on the same day, I do not see what machinery exists for making that arrangement except by an elaborate and perhaps rather useless discussion in both Houses.

CATHAOIRLEACH

It is only right to state that the Minister is quite entitled to say that he had no previous notice of this amendment. That is quite accurate. But, in view of the more or less limited time at the disposal of the House for considering these Bills I came to the conclusion that it would not be reasonable or right to reject an amendment merely because it was offered to-day. At the same time the House must recollect that it is nearly ten days since we got intimation that this Bill would be taken yesterday for Second Reading, and that the Committee Stage would be taken to-day. It is hardly reasonable then that amendments should have been kept until the very day that the House is in Committee on the Bill, in view of the fact that all the members had at least ten days' notice of the day on which the Committee Stage would be taken. The section, as amended, is still open for discussion, and any Senator who desires to do so can move an amendment to the section as it stands.

I move as an amendment that the section as it originally stood be retained in the Bill.

CATHAOIRLEACH

I could not accept that amendment. The position is that the section now stands as amended, and that is the question that I will put to the House if there is no further amendment moved. The House could, of course, reject the section as amended. If the House does that, then I could put the section in its original form.

On a point of order, will not the Seanad have the opportunity on the Report Stage of the Bill to-morrow to reconsider anything that has been done on the Committee Stage? What I would suggest is that we would now pass on without any further discussion of the section as amended. If it is thought well to do so the matter can be reconsidered on the Report Stage to-morrow.

CATHAOIRLEACH

At the same time I might point this out, anyone acquainted with parliamentary practice at all is aware that when a clause is amended I am bound to put it to the House as amended. The question that I am now putting to the House is: That the section, as amended, stand part of the Bill.

Might I suggest to the House that it should delete from the amendment the words "three days" which is the period prescribed that should elapse between the formation of the panels of the two Houses. If it were just provided that the nominations should be on different days for both panels it would, I think, give both sides a good deal more discretion than they would have by retaining the words "three days".

No matter whether you have three days or different days the section as amended is absolutely unworkable. It is in the air. Who is to carry this out and how is it to be carried out?

In order to get down to solid ground again I would suggest as a way out that candidates shall not be eligible to have their names submitted both for the Dáil and Seanad and that they must elect to go for one or the other. While throwing that out as a suggestion I am not in a position to follow its various aspects, but it does seem to me a way out of the difficulty.

CATHAOIRLEACH

There are two difficulties in the way. In the first place a candidate cannot very well prevent himself from being nominated by either or both Houses. Then there is another and more serious difficulty——

Must not a person give his consent to his name going on the panel?

He must give his consent in writing.

CATHAOIRLEACH

He must give his consent, but there is another difficulty and that is: who is to determine? We are imposing an obligation on the Dáil by this. We are compelling them to prevent any candidate being nominated by them who has already been nominated by this House, or vice versa. We can impose that self-denying ordinance on ourselves, and the question is whether we are not looking for trouble if we impose it on the other House.

It might be met in this way. The House could reject the section on the understanding that the Minister on Report Stage would bring up a new section embodying some of the suggestions put forward by Senator Bennett.

CATHAOIRLEACH

The House can if they wish accept Section 4 as amended. Then it is quite open to any Senator on the Report Stage to move the deletion of the section as amended and its restoration to its original condition.

I think some of the Senators have voted without realising the consequences of their vote. It seemed a very small matter. It was put to us as a matter of a delay of four or five days. I think if we realised that the course proposed to be taken would hang up the Bill, in all probability members would not have voted in the way they did. I think if you put the section as amended and if it is thrown out we might then substitute the section as it was originally.

CATHAOIRLEACH

The real consideration that might have influenced members is the fact that we have absolute control over our own rules, and if we do not formally rule fixing a date until we ascertain what date is going to be suggested by the Dáil it seems to me we have the matter in our own hands and, therefore, I do not think the amendment is worth while.

We have also heard from the Minister the probable date for the Dáil.

The Minister said there is a great difficulty. What difficulty is there in arranging in this Bill that the Dáil should on such and such a date formulate a panel, and that Seanad Eireann should on such a date formulate a panel?

Whatever may be said about the amendment on its merits, I do not understand the principle in it except it is to prevent a duplication of names. I think the duplication of names would simplify matters for us. The less names we have to vote on the better.

I think we ought to be honest with ourselves and drop all this humbug. A Bill has come before this House from the Dáil having for its object the arrangement of procedure with regard to the election of members of this House. In view of what the Minister and the Chairman have said we are not entitled to alter a comma in the Bill. Is that the position?

CATHAOIRLEACH

I never made any statement of the kind. I said if you do you must have present the danger that you will thereby jeopardise the whole Bill.

That is what I am coming to. The Minister and yourself have made plain to anyone who wants to understand that there is great danger the whole machinery for the election of members to this House is going to be upset if the House alters a comma in this Bill. If that is so there is no use in our wasting time in discussion. We have had an amendment carried, and a moment after a Senator, a sensible member of this House, gets up and asks us to do what a football club would not do, that is, to alter a decision that had just been made. We should drop nonsense of that kind. If we intend to amend the Bill we should do so, no matter what the consequences are. It is said that the time is short. That is not our fault. We got only three days to get the Bill through in all its stages, and we are told that if we alter it to the extent of changing a comma we are altering the whole procedure, and that if we alter it it may cause delay when the Bill goes to the Dáil. Let us either agree to pass the Bill in all its stages without further discussion or stop the farce of carrying amendments and then rejecting them again.

I repudiate on my own behalf the suggestion of Senator Farren. The Seanad must appreciate the circumstances in which we arrive at this stage of the proceedings. It must be realised that the Seanad set up a special committee to deal with these matters during the Recess. Senator Bennett, I think, was chairman of that committee. I suggest that it would be only reasonable we should have the opportunity of seeing the amendment on the Order Paper, so that Senators would be able to consider it and the implications of it.

CATHAOIRLEACH

It is not quite accurate to say the Seanad set up a committee during the Recess to go into this Bill. What happened was, I had present in my mind, that the situation that has arisen might arise. Accordingly, I asked certain members in my absence if they would meet informally and make suggestions to us in regard to this Bill. Senator Bennett kindly undertook to be chairman of that committee. They met several times and sent in recommendations. They knew they were an informal committee and were not to go exhaustively into the matter. Therefore I do not think it is reasonable to ask that the Seanad should feel themselves bound by this provisional committee which acted at my request.

As a member of the Provisional Committee I want to say this matter was touched upon. The Minister was present and we thought the difficulty with regard to a duplicate panel would be very great. The Minister threw out the suggestion, which most of us felt if he could carry it would meet the situation, that the Dáil panel should be first. Of course, there was no undertaking on the part of the Minister, and perhaps he could not see his way to carry out that. Everyone's memory plays false now and then, but I think other members of the committee will bear me out in what I have said.

I certainly am of opinion that we did discuss the matter and the Minister decided that arrangements could be made as to the details of the selection of the panel. This has not been done except provisionally. I am glad to hear that the Dáil will frame its panel before us. I would accept that for the present but not for all time. I do not think the other House would object to meeting three days before us, or we could meet three days before them, whichever the Minister thinks best. The question was discussed by the informal committee and a suggestion was made that the Dáil and Seanad panels would not be formed on the same day.

No suggestion on the matter was made in the report of the committee.

That is so. The Minister was very helpful at every stage.

Question—"That the section, as amended, stand part of the Bill"—put and on a show of hands declared lost.

On a point of order, would the Chairman kindly inform us how the matter stands? This is the first section in the Bill where a panel is mentioned, and now that it is knocked out the other sections referring to the panel are meaningless.

CATHAOIRLEACH

What I am going to do now is to put the section again as it originally stood. The motion is: "That Section 4 as it stood in the Bill originally stand part of the Bill."

Can a motion of that kind be put from the Chair?

CATHAOIRLEACH

Can you suggest any other solution?

I do not think that two wrongs make a right or two blacks a white.

CATHAOIRLEACH

There must be some way of filling the breach. If you can suggest a better way I will follow it.

I cannot save Senators from the effects of their own folly in cutting out the heart of the Bill, as has been done by the last vote. It is about the last word in a Gilbertian situation.

CATHAOIRLEACH

I have had, and so has Senator Sir Thomas Esmonde and other Senators, long experience in another place, and I can only say that what has occurred here to-day has constantly occurred there.

On a point of order, where do we stand now?

CATHAOIRLEACH

There was a section in the Bill as it stood originally, Section 4. On the motion that the section stand part of the Bill, Senator Bennett moved the insertion of a new sub-section. That motion was carried on a show of hands by a majority. It was then suggested that the carrying of that amendment might raise a very serious difficulty, and the question might ultimately imperil the safety of the Bill. One or two Senators had stated that they voted under a misapprehension as to its effects. In any case I would have put the motion again that the section, as amended, stand part of the Bill. I did put that, with the result that the section as amended was rejected. Inasmuch as there are other consequential sections that would depend on Section 4, I shall have to ask the House to vote on the motion that Section 4 as originally inserted in the Bill stand part of the Bill.

Might I suggest that it possibly might satisfy Senator O'Farrell and others if the section be dropped out of the Bill now and let it be dealt with on the Report Stage?

CATHAOIRLEACH

The better solution would be to let us dispose of Section 4. I am sure the House will not raise any point if Senator O'Farrell wishes to-morrow on the Report Stage to raise this matter again, but let us dispose of Section 4 now.

Question—"That the section as it originally stood in the Bill stand"— put and declared carried.
Question proposed: "That Section 5 stand part of the Bill."

This section provides that each House shall nominate as many people as there are vacancies. It is mandatory. In the event of either House failing to make the necessary number of nominations, I would like to know from the Minister has he considered the question as to who is to be made responsible for it? I can quite conceive the position in which for the nineteen vacancies the House might nominate only ten or twelve, and might not get anybody to propose more than that number. There is nothing in the Bill to compel any individual to do it. In the event of such a position arising, has the Minister contemplated where the responsibility lies? I admit it is not very probable, but it may be more probable than appears at the moment. In the event of such a position arising, I think the Bill should make provision for dealing with it.

The Bill really leaves the Seanad in complete control of the position. Under Section 6 (1) the Clerk of the Seanad shall send to the Seanad returning officer a statement of the names, addresses, descriptions, and qualifications of the persons nominated for inclusion in the panel of candidates. And under Section 7 (1) the panel of candidates for the Seanad election shall be conclusive as to the persons who are candidates at such election, so that if for any particular reason the Seanad does not put nineteen persons on the list, which is not very probable, the position is that seventeen or eighteen names are passed to the Seanad returning officer, and they become conclusive when put into the panel for election, that is, the appropriate panel for election, and there can be no difficulty about the actual panel coming before the electorate.

Question put and agreed to.
Sections 5, 6, 7, and 8 put and agreed to.
SECTION 9 (2).
(2) At a Seanad election the ballot of each voter shall consist of a paper (in this Act called a ballot paper) containing a list of the candidates described by their names, addresses, and descriptions as stated in the panel of candidates for that election and arranged alphabetically in the order of their surnames and, in the case of identity of surnames, of their other names and either in one continuous column or in such other manner (without departing from the said alphabetical order) as in the opinion of the Minister is best calculated to facilitate marking and counting.

I move:—

Section 9, sub-section (2). To delete all after the word "arranged" in line 8 down to the end of the sub-section and to substitute therefor the words "in two columns, being the panels of the candidates selected by the Dáil and Seanad, the names of the candidates being placed in the order in which they were selected by the votes of each House."

Proportional representation has been claimed as the fairest method of voting. It is claimed for it that minorities get adequate representation; but proportional representation, like everything else, has its defects. I understand that experts on proportional representation consider that one of its defects is that the names on the ballot paper are arranged in alphabetical order. When that is done in cases where you have only a small number of candidates going forward for election it does not make much difference, but where the number of candidates is considerable the candidates whose names appear first on a ballot paper get a chance of securing votes to which they are really not entitled. It may be said in connection with the election to which this section refers that there is not much chance of a mistake being made either by Dáil or Seanad electors. What I am suggesting in this amendment is that the names should not be placed alphabetically on the ballot paper but that two columns should be provided, and that the names should appear in the order of precedence given them by the votes of the two Houses. I think that would be the fairest way of doing it.

In connection with this amendment I should like to say that in the original draft of the Bill, in sub-section (4) of Section 6, it was provided that the panel of candidates prepared by the Seanad returning officer under the section should distinguish between candidates nominated by the Dáil and candidates nominated by the Seanad. The Seanad Committee considered the matter and thought it was undesirable that there should be such a distinction made. In response to representations made by that committee I had these words taken out in the Dáil, so that if the amendment were to be passed we would be going back on the idea of the Seanad Committee which was to the effect that there should be no such distinction made.

In view of the Minister's statement I think I had better withdraw the amendment.

Amendment, by leave, withdrawn.
Sections 9 and 10 put and agreed to.
SECTION 11.
(1) On the day appointed for the issue of ballot papers at a Seanad election the Seanad returning officer shall send by registered post to each person whose name is on the electoral roll for that election at the address stated on such roll a ballot paper together with a form of declaration of identity.

I move:

Section 11, sub-section (1). To delete in line 52 the words "together with a form of declaration of identity."

This amendment of mine—the subsequent amendments are consequential— is taking the preliminary steps to complete the change whereby the postal voting will be abolished. I am merely moving this to test the principle, because quite a number of amendments have to be moved in order to bring about the necessary alteration. Of course there is not much object in putting them down on the Committee Stage. Unless the main amendment is carried I see the almost hopelessness of having this amendment considered on its merits, because of the circumstances and the pressure of time. The pressure of time would not arise if the election was by direct voting, because then there would be less time required for the issuing and collecting of ballot papers. I think it is only fair to the Minister to say with regard to the unofficial committee of the Seanad, which he was good enough to attend, that the committee made a number of suggestions regarding alterations in the Bill, and I think, with the possible exception of the postal voting question, he accepted these suggestions, and he introduced them as amendments in the other House, so that the majority of the amendments carried in the other House were mainly due to representations made to the Minister by the unofficial committee. It is only fair to him to say that he facilitated us in every way. On the question of postal voting, I fear it would be a very serious state of affairs if because of pressure of time, or alleged pressure, the House allowed the passing of a Bill containing a proposal to the principle of which they objected.

This Bill is dealing not only with the forthcoming election, but with all future elections for the Seanad. We have time and again been faced with a similar pretext. On that pretext legislation has been passed without sufficient consideration, and amendments have not been considered on their merits. It is a very serious thing to stampede a responsible legislative chamber on the grounds that if you pass an amendment the other House may not agree to it, there may be a delay, and there will be embarrassment and certain confusion. If that were adopted as a general principle the rule would be to delay measures of this kind for a certain period, and then all serious consideration of a Bill in this House could be obviated. It is not necessary, I think, to add anything to what I said yesterday on the Second Reading of the Bill. It is considered desirable, and the very best policy that every single member of each House should vote in the Seanad election. In order to facilitate him in that respect and to ensure a full vote postal voting is resorted to. He has to get his ballot paper no matter where he may be. Now the Seanad election should be an important event, but it is a fact that Senators and Deputies are asked to take what are sometimes very much more serious decisions, and the views of absentees are not considered. You may have to consider the question of the approval of an important international treaty. We have had to approve here or reject the financial settlement with Great Britain, and other matters arising out of the Treaty, but we had to take that decision on the views of the people who were present, and no provision was made, or is made, I think, in any Parliament to take the views of people who may be absent. If that is the case, and if that rule also applies to the election of President, members of the Executive Council, officers of this House, and so forth, there seems to be no real justification for departing from that procedure in a case of this kind.

Questions of expense and convenience, I think, should be ruled out in a serious discussion of the Bill, because the expense is a mere bagatelle, once in three years, as compared with the expense which is being saved as a result of this new procedure. Then there is another point which might weight to some extent. By insuring that every single Deputy and Senator shall vote, one can calculate to the last man almost what the result of the election is going to be, because of the strict party lines upon which it is inevitable the election will take place. Therefore, the result of the election is a foregone conclusion. No provision need be made for absentees or matters of that kind. Deputies and Senators who are outside jurisdiction at the time of the election have to make a declaration before people who are entitled to swear affidavits. If a person is outside Great Britain and Ireland he has to go to somebody to make a declaration of identity. How are the bona fides of the person before whom the declaration is made to be tested? Does it not become a farce from that point of view? I think there should be some limitation as to the extent to which the ballot papers should be sent, because obviously they can be sent to certain parts of these islands and returned within a fortnight—I do not know the exact time allowed. They cannot be sent farther afield—to America, Canada, or other places where a Senator or Deputy might happen to be. In this matter we should have a policy which will be equitable for all concerned. In my opinion the fair, proper, and most desirable method is that members of the Oireachtas should come to the Oireachtas, or wherever the election may be held, and there cast their votes as trustees for the people.

The question of pressure of time is constantly arising. I would like to remind Senators that this difficulty as regards pressure of time has occurred year after year for the last six years. I do not think there has been one single year since the Seanad was formed that Bills have not been brought up at the last moment for the safety of the realm and all sorts of things. We were told if we did not pass the Bill as it was nothing could be done, and there would be revolution. Year after year the Chairman of the Seanad and members of the Seanad have again and again made objection to this principle, and on each occasion have stated that they would not stand for it any more. But year after year Senators with soft hearts get up and say, "Under the circumstances arising in this particular case let us do it again." Here we are faced with the same situation again. Reasons are given as to why this should be done. Ministers can always give some reasons for passing Bills altering the Constitution, as we are proposing to alter it now, without consideration, without amendment, and without the alteration of a comma or anything else.

I appeal to Senators not to be taken in too easily. If our decisions are right and if we stick to our views the Dáil will, in many cases, agree to them, and I think that we ought to test the matter. If they do not agree, these things are always settled in the long run and they can be settled again. But I protest against this constant appeal to do something which is considered wrong, merely because there is an emergency which has been forced upon us, and not created by us. I would appeal to the Seanad to do what they consider right in these matters and not to do this because this appeal has been made.

There was an assumption running through the statements made yesterday in this House, just as there is an assumption running through the statements made by Senator O'Farrell and Senator Moore, that there was nothing to be said in favour of the Minister's proposal; that the only objection that could be put forward against it was that owing to undue pressure of time, this Bill might be held up and certain harm might be done. I do not want that assumption to gain very much weight as it goes along, because a case can be made, and I hope a case will be made, in favour of the proposal. I want to bring forward certain arguments to bear upon it which have heretofore not been brought forward. In my opinion this is all very much what I would call "much ado about nothing." I do not think the matter is of any great importance. I do not think, no matter what decision we may come to on this question, that the rights and liberties of the people, or of the very intelligent electorate in this case, will be interfered with, and I do not think that any of the fundamental props of the Constitution will be in any way shaken. I do not think that any such result as that will, in any likelihood, attach itself to our decision to-day. I approached this matter with rather an open mind, and anything which I have heard in this House, or anything which I read in the reports of the deliberations in the other House, conveyed no case to me—good, bad, or indifferent— against the system of postal voting. I have yet to see a case made against that system. There is no use in pretending that the Bill will be held up and certain harm will be done unless the Seanad takes the step that it should take and votes as requested by the Minister, whether there is a case or not. The case can be made. The Minister stated that his main object in outlining his proposal for postal voting in connection with the Seanad election was to suit the convenience of electors in this particular case. Those who opposed the Minister's proposal in that respect stated that they refused themselves to be convinced, that in point of fact the Minister was not conveniencing those who ordinarily attend at practically every meeting of the Seanad, but was conveniencing those who did not attend on many occasions. That is the true summing up of the position, but there is much more than that to be said about it. I think if one proceeds to examine the case one can afford to disregard the case made in the other House, that the Government have an ostensible reason for what they are doing besides the reason enunciated by the Minister, that the real reason—and what they did not enunciate—is that the Government Party want to maintain, out of all proportion to their strength, representation of a particular class which enjoys certain powers. That is the mean insinuation that has been made in the other House. It has not been supported by proof and argument, and when they were not advanced we may take it that they were not available, because if they had been they certainly would have been put forward. The will was there, I suppose, but the matter was missing.

What is the real object of this opposition to postal voting? The real fear that, it strikes me, is in the minds of those who oppose the Minister's proposal, as embodied in this section, is that certain Senators who do not ordinarily attend this House would be facilitated in voting, and would, in a sense, be given the opportunity of voting. Of course, no matter whether there is postal voting or not, those Senators whose record of attendance is exceedingly bad will vote. They are always here on an election day. On the last occasion when an election was taking place to fill a casual vacancy Senator O'Farrell referred to those Senators as "a gathering of backwoodsmen." The actual purpose that those who oppose this proposal are attempting to serve would not be served, because practically all Senators would be present here and would vote.

I would be glad to see them.

So that we would have the election, and what the opponents of the proposal have in mind would not be carried out. It is a strange thing to me, if the attitude of certain Senators was determined by their animus or feelings against certain other Senators, they do not carry out their feelings to the extent of giving the attendance in this House which is expected of them. If I might refer to the proposer of the amendment, I may say that only yesterday he rather decried attempts by a statistician in the other House who based his calculations on figures which had due regard to the few. The Senator has now attempted to give effect to proposals which have their real intent and are really based on a consideration of the few. This proposal is turned not to the general body of members who attend the sittings of this House, but to those who are continually absent, and he does not want to facilitate them in any way.

Is there nothing to be said for postal voting? Yesterday Senator O'Farrell said that there had been no parallel case upon which we could go. There is no direct parallel, but cases could be cited which are somewhat collateral. If my mind serves me right. I remember, when a boy, seeing tenants going to the nearest town—in some cases a fair distance—and waiting around to pay their rent to the agents of the landlords. That system has been done away with, nobody has suffered, and the tenants are all the better off. Through receivable orders and through the medium of the post they are able at present to pay their annuities. There are no direct representatives of the Land Commission waiting in warm offices in the cities and towns to receive the rents of the unfortunate tenants. The postal system was introduced very effectively, certain economies were effected, and the time of the tenants saved. In County Kerry at the present time the rates are collected through the post. There is a very strong feeling that the rates should be collected in every county by post, and that certain economies could be effected in that respect, and if economies, consistent with efficiency, can be effected in that way, there is no reason why they should not be.

Let us examine the arguments in favour of postal voting which can be put forward. Senator O'Farrell made light of one argument which can be advanced—the argument of economy. He admitted that there would be a certain economy in the system of voting by post rather than by having Deputies and Senators to attend here and register their votes in the ordinary way. It may, of course, be stated that the economy would be very limited, but every economy that can be made, consistent with efficiency, should not be disregarded in this State. In the first place the convenience of voters will be suited. As the Minister himself has said, there seems to be no reason why, when this House or the other House is not sitting, there should be a special meeting of the Seanad or of the Dáil simply to bring Senators and Deputies together for the purpose of voting. There seems to be no particular point in doing that when the thing can be done, and done quickly and well, otherwise. In the third place, through that system of voting we are likely to get a hundred per cent. vote, and that is, after all, something that we ought to aim at. I know many public speakers and close thinkers in this country who are at present of the opinion that those who do not utilise the franchise should not continue to enjoy it.

There is certainly a very definite public opinion in that respect, and if we, through the medium of this postal vote, can secure getting approximately a hundred per cent. vote, is there any reason why we should not try to put it into effect? They tell us that a hardship may be inflicted on a Senator or Deputy who may be away. Through this system of the postal vote a Senator or a Deputy who is ill will be enabled to vote. That is an argument that cannot be disregarded. In the fifth place, the Bill provides that due regard shall be had to the maintenance of the secrecy of the voting. In my opinion, based upon certain experience in that respect, the system of postal voting lends itself to the maintenance of secrecy. In the 1925 election, when the panel of candidates was being prepared, it is known that certain representatives of the political parties who then sat in the House took it upon themselves to examine the papers of the voters, who were Deputies on that occasion. If that procedure is again followed it would be absolutely impossible to maintain secrecy. We are either out for the secrecy of the ballot or we are not. If we are out for the secrecy of the ballot we should support a scheme which makes for the maintenance of that secrecy, and there can be no question about it that postal voting makes for the secrecy of the ballot, so that we are either consistent in that or we are not. In the sixth place, we stand for the principle in regard to the Seanad enunciated in the Constitution. The Constitution says that due regard shall be had in the selection of candidates to the ground that they "have done honour to the nation by reason of useful public service or that, because of special qualifications or attainments, they represent important aspects of the nation's life." At the same time, we know what human nature and human tendencies are, and the likelihood with everyone of us voters is this, that we regard the cause to which we have given allegiance, or the movement with which we have been associated, as the one which is in a sense predominant, and our natural tendency is to give votes to persons who have been themselves prominently associated with us in that movement or cause. That is perfectly natural. If we were to vote in this House, or if Deputies were to vote in the Dáil, and if meetings are to be held and if consultations are to take place, following on what Senator Jameson said yesterday, the very natural tendency would be that we would congregate, not in any rough-and-ready way, but in our political groups, and as to-day what we have regard to is the bringing of kudos to our political parties, that would be the tendency instead of the opposite when we came together. I am prepared to accept it that when they vote in their homes many of the voters will give their numbers one and two to persons who have been associated with them in a movement; they will be likely to give their number 3, 4, 5 votes to candidates who will more materially conform to the requirements set out for them in the Constitution. That would be a slight attempt to depart from the party system, and that would be all to the good. The departure might only be a slight one, but it would be a step in the right direction, and again, that should not be disregarded.

A very strong case can reasonably be made for postal voting. No case has been made against it—or none that I have heard. The fact that you want to penalise a few Senators who do not attend regularly in this House is not any case against postal voting. If you want to penalise Senators who do not attend regularly there should be another way of doing that, and that should be attended to at another time. It should not be beyond the ingenuity of Senators and Deputies to devise a means of dealing with that question when it arises. That question should arise at another time; it should not be mixed up with any consideration of the question before us now, but should be examined on its intrinsic merits. I have yet to hear a case against postal voting.

I am astonished, after hearing all that Senator O'Hanlon has said, that no case has been made out against postal voting. I have yet to hear a case made out in favour of it. The only case made by the Senator was that it would preserve the secrecy of the ballot, just as if we could not attend at Leinster House, be identified, and ask for a ballot paper—and, by the way, some of the people who will be served with ballot papers will almost require a paper to identify them.

That is humorous.

No, but I suggest seriously that if the election were held in this House, we could go in, demand our ballot papers, and when we marked them and put them in the box there would be supervision by the returning officer, in fact there would be a better chance of secrecy being preserved, because the person who votes himself deposits the ballot paper in the sealed ballot box. The papers would not be opened until the votes were about to be counted. Under the other method it will pass through the postman and through the returning officer, and the voter will be dependent on somebody else to put his paper into the box. As far as I can understand it, the main argument by Senator O'Hanlon was the absolute secrecy of the ballot, and I think I have demolished that fairly successfully. Senator O'Hanlon set out to demolish an argument set forth by Senator O'Farrell, which Senator O'Farrell did not mention at all. Senator O'Hanlon talked about parallels for this particular system, and went so far as to compare a person paying a few pounds in rates, or a tenant paying his annuity, to the system of election of members of this House. I have often heard it said that comparisons are odious, but certain comparisons made in this case seem to me to be particularly odious—to compare a thing that is occurring every day in practically every man's business when he settles his accounts by post with the election of representatives of the nation seems to me to be the height of absurdity. It is a recognised principle that when ballots are being taken for the election of representatives of any nation to carry on the business of that nation, the people shall demand the ballot papers and mark them in the polling booth, and that they shall not sit at home and mark them. Senator O'Hanlon also stated that we would mark our papers differently in our homes than if we did it here. Was there ever anything more childish or more absurd? Just as if it would make any difference to me how I would mark my ballot paper if I got it by post or otherwise ! I can assure you that it would not make any difference and nobody knows that better than Senator O'Hanlon. He wants to presume on this House by suggesting that the rest of us are so innocent that we cannot have our minds made up as to how we are going to mark our ballot papers and that it would make the slightest difference if we marked them in our own homes.

It might change them.

It will not change them the slightest bit, and nobody knows that better than you, Senator MacLoughlin.

CATHAOIRLEACH

Address the Chair now, Senator.

I could understand if this matter were dealt with on the question of principle. I heard Senator O'Hanlon talk about the principle all the time, but I have yet to hear his arguments on the principle. I am trying to cover the ground that he put forward as the principles involved in this, and I am trying to demolish them. I think I am doing it very successfully. The point is that we object to this. We say that it is a wrong principle to introduce, and that is our reason for proposing the amendment. We know that our opposition will not make the slightest difference. Senator O'Hanlon referred to the expense and what the mover of the amendment said with regard to the expense being a mere bagatelle. There may be practically no expense at all. I suggest that if the ballot were held in Leinster House the expense would be less than the cost of the registered post, and it would be less trouble to everybody concerned. The election could be held at 11 o'clock on a day on which both Houses would be sitting. We could walk into a room, ask for a ballot paper and put it into the box. The mere printing of the ballot papers would be all that would be needed. We would not require personating agents because we are all well-known. I know the procedure of election as well as most people, and I do not see any objection to holding this election in Leinster House.

I object to this in principle. It introduces a new principle. I object to people who are paid to come and vote getting facilities that the ordinary man and woman in the country does not get. I object to the fact that the farmer, the farm-labourer, the road-worker and the small shopkeeper have to go three or four miles, perhaps in wet weather, to vote for the election of members of the Dáil, while we are facilitated when we are to give the same vote. It is exactly the same function. We are elected members of the Oireachtas; we are one House of the Oireachtas, the members of which have responsibilities for making the laws of the country, and we ask the ordinary man and woman in the country to walk three or four miles to the polling booth, while the people who will exercise the franchise in this case get their expenses. I think it is a wrong principle to introduce to save ourselves inconvenience and trouble, while we condemn the unfortunate people in the country if they do not vote to the extent of 90 per cent. or 100 per cent. That is the principle involved, and that is why I am in favour of the amendment, which will not be carried or, if it is carried will be amended.

A great deal has been said with the object of proving that the method in the Bill is the better one, and as to the side on which devolves the duty of proving which is the better method—the opponents of postal voting or those in favour of it. I think in this case it ought to be the duty of those trying to establish the new system of postal voting to prove that it is an advantage as against the existing method. To my mind, Senator O'Hanlon has not proved that it is an advantage. I think it has many disadvantages. On the ground of economy I think it could hardly be proved that there will be any economy, because if one reads the Bill from Section 11, which we are discussing, to the end and to the First Schedule, it is all dealing with an elaboration of the method required to bring the proposed new system into effect. Having been brought into effect, will it be quite satisfactory? Are there no dangers in postal voting? I admit that the Minister tried to meet them. Are there not dangers inherent which are not capable of being met? Consider the case of postal voting from the casting of the vote at the initial stage until it reaches the ballot box. First and foremost an elaborate list is made out. That list is consulted, and a paper to go with the identity paper is sent out. They may reach the voter or they may not. Certain provisions are made in the Bill, and this shows the complexity of the system. It may be a receipt from the Post Office or it may be something from the Returning Officer; but at any rate, I submit there is a danger of the vote being lost. Unfortunately I am going outside the scope of the specific amendment now, but, to my mind, the objection to postal voting is that there is the greatest danger of the papers being lost, and that it does not lend itself as well to the secrecy of the ballot as the old method. The third objection is that departure from the established practice, and the necessity for it, has not been proved.

As regards the secrecy of the ballot, none of us are unacquainted with the procedure of voting, canvassing and all the other methods and details incidental to elections. Will it be suggested that there is less danger or more danger in voters coming in here to the booth and asking for a paper than by the other method? The voter gets the paper and marks the candidates of his choice. Is it to be suggested that there is as much danger of intimidation, suggestion, or of undue influence in that method as there is in the method whereby a man gets his paper in the country, where neighbours or the followers of a particular party may come in and suggest that the right thing for him to do is to mark the paper in a certain manner? I submit that the likelihood of influence being brought to bear on an elector is much greater in our country, as we know it, by the method whereby he will have the ballot paper for three days in his pocket, and it will be open to people to come and say "Do this or do that."

These are not all the dangers. The postal vote is wrapped up in complexity. There are one, two, three, or maybe four or five, envelopes to deal with. You put your initial on envelope A, and it must be the same on envelope B. It may be wrong in C, and when that goes back to the returning officer he takes A and compares it with C, and all is right or wrong, as the case may be.

There is not a scrap about that in the Bill. If you put anything on the envelope to disclose your identity, your vote will be ineffective.

May I ask is there nothing in the Bill as regards the setting aside of papers submitted and putting them into different coloured envelopes?

The system that is "wrapped up in complexity" is this: The Senator will get an envelope in which he is to return his papers to the Seanad Returning Officer, a form of identity which he will fill up; a voting paper which he will mark, and an envelope in which he will enclose that voting paper, the purpose being to fill up the ballot paper, put it into an envelope, close the envelope and send it up with an identity paper. The purpose of the intermediate envelope is that the identity paper shall be linked up with the ballot paper, and enclosed in the envelope to show that it is the proper one to be associated with it. This will show indirectly that the ballot paper is the one to be associated with the identity paper.

I thank the Minister. The position is clarified. You get an envelope, a second envelope, a form of identity paper, and everything is right. The Minister has explained the details of postal voting in the simplest way. I ask the Seanad whether that is simpler than going to the ballot box here and asking for a ballot paper which, when marked, is put into the box. I ask whether that is a simpler method than the one which has been devised by the Minister, for which all these characteristic safeguards are inserted in the Bill. I submit that no case has been made for postal voting. I submit that postal voting is not as good a method for preserving the secrecy of the ballot as the other method, and no proof that it is has been given. I ask Senators to examine the elaborate sections that follow Section 11. If they think that these elaborate sections make for the secrecy of the ballot or for security, it will be their duty to vote against the amendment. Of economy there seems to be none. All here are hard-headed business men. They can see from the details of this Bill what a complexity of clerks will be required. I think the number of clerks will entail greater cost than the method of election in the ordinary way.

I am against postal voting, and I think it must be plain that the House, with a few exceptions, is against postal voting. But I am not prepared to support the amendment for the simple reason that I do not believe in taking the chance of disfranchising nineteen of my colleagues. As the Minister, Senator Jameson and Senator Brown have pointed out, there is a possibility that the insertion of contentious amendments would cause that position to arise. For that reason I will vote against the amendment, and I would ask Senators when casting their votes to consider that view.

I would like to ask what effect this will have on the electorate of the country. I wonder if the Minister would go to the country, and ask people to come out and walk four or five miles to the polling booths to record their votes, when Senators and members of the Dáil, who are paid for doing their duty, refuse to come here and vote. I think that would have a very bad effect, and I would not like to be the one that would go to the electorate to ask them to do a thing that I am not prepared to do myself. I think the Government are making a very great mistake when they deprive the people of the right to vote for members of the Seanad. They have arranged the simplest procedure whereby members of the Seanad and the Dáil can exercise their votes in each House, but when they consult their wives or neighbours it should be remembered that their papers may be interfered with, either before or after they get them. We are not proof against that yet. I think if we want to preserve the secrecy of the ballot we will allow Senators and Deputies to come here and record their votes. Deputy O'Hanlon gave an example of what occurred in the old days when the tenant had to go to the rent office with his hat in his hand. The Senator has not told us of what our forefathers suffered in having to go to the poll and record their votes openly before the landlords. He has not told us anything about that, or of what was at stake—very often their very existence. The tenant's right to his holding was at stake then, but he suffered in those days, and had the courage to do so. I hope we have not lost all that courage, and that we will come here manfully and do our duty to our country and record our votes in the way that we ask the people in the country to do.

Senator O'Hanlon in his speech mentioned my name as being an opponent of postal voting. He said that no arguments had been put forward against postal voting by those who spoke against it. I think it is right for me to explain why the point was not elaborated. In the position that the Seanad occupies now I very much deprecate a discussion of the merits of this question. From the speeches we have heard there is evidently a great deal to be said on both sides. Even when we were discussing the matter in the committee, when Senator Counihan was Chairman, we saw that there was a good deal to be said on both sides. Senator O'Farrell, for instance, held one view and I held another view on one or two points. He held that one of the objections to postal voting was that some Senators who did not attend would have the right to vote. I held that they should have that right. While we differed as to the method we both agreed that we did not like postal voting. I do not think any of us considered, when we discussed the matter with the Minister, that it was vital to the whole question, or justified us in creating a very serious situation. That did not occur to me and in what I said yesterday I did not mean to create such a situation. I held, and I think Senator O'Farrell also, in all he said, held the view that we should not allow this clause pass without a strong expression of our opinion. But, as I said yesterday, I thought that was as far as we ought to go at present. No matter how you take this Bill it is only for this election. If all the terrible things that some Senators foresee as likely to happen, do happen, there is no question whatever but there will be a move to provide a new method of election. If postal voting turns out to be a bad thing at this election there will, certainly, be a move along the lines that have been suggested by those who have been speaking and praising the other method. But that can only be decided after a trial election and the Government have chosen to have the trial by postal voting to start. Under the circumstances, seeing that both Houses are sitting, it would be better to try the method of election this time without postal voting and, as Senator Toal says, we should come here and put our votes into the ballot-box. The Government have chosen to try the other method. I do not believe there is anything seriously wrong with postal voting, but I have an objection to it for various reasons. If we try it, and find it is wrong, the matter can be put right next time. But do not let us create the situation which will be created if, after the Dáil has passed this Bill, we reject this and bring our views to bear on it. If we do that we will end the discussion. I do not believe the whole thing is worth that. I do not mind having a battle between the two Houses if we got good cause, but for the Seanad to trail its coat in a matter of this kind—which I can hardly think Senators consider as vital as some of the speeches we have listened to would make us believe— would be wrong. We have said a great deal about it, and I think anybody who has listened to the debates will know that the majority here objects to postal voting. Having said so much I do not think we should carry it to the length of putting it to a vote, the only effect of which will be to create the situation which we see in front of us.

The only point I would like to mention is that in the first place we are told that this is a departure from the practice that existed. Postal voting is known for a long time in connection with the Universities. It is the way in which doctors under the medical register that was set up last year vote, and in which dentists on the dental register will vote. From the point of view of complexity it is the way in which ordinary soldiers in the Army are called upon to vote. Such votes have been recorded in that way since 1923 and the charge of complexity or that it was an elaborate method has never been raised until now. An appeal was made to Senators and Deputies that they ought to come to Dublin to record their votes for the Seanad, because the unfortunate people down the country have to go to the polling booths to record their votes. I must say that I have no sympathy with that suggestion at all. I think two-thirds of the members of the Seanad and four-fifths of the members of the Dáil live out of Dublin. I do not see why voters should be asked to come from Donegal, Kerry, Westmeath or Meath to record their votes when they can do it by postal voting. If certain sections of this measure appear elaborate it is because they go into detail, so that everything will be plain and square, and because we want a complete measure, and not have legislation by reference of which so many people complain.

I take it that it is open to any Senator who wishes to bring his voting paper here to do so, and hand it to the returning officer.

CATHAOIRLEACH

There is only one system provided—postal voting.

It must come through the post.

CATHAOIRLEACH

Yes.

In so far as it may be convenient to Senators, feeling that they are discharging their duty in the eyes of the public, to bring their voting papers here, as was discussed at the Committee, ordinarily there is a Post Office here, and it can be arranged that there will be a Post Office here during the period of the election, so that voters who desire to have the voting papers addressed to them here can do so, or they can post their letters back through the Post Office. But there must be no direct communication between the elector and the returning officer, except through the Post Office.

That meets my point.

I want to say in reply to what Senator O'Hanlon has said that I am not vitally concerned about the few waifs and strays who do not attend regularly. Whilst a certain amount of play has been made about this matter, on consideration I hardly think that their votes are going vitally to affect the results of the election. In any case, this is a Bill for the future, and not for this particular election. I was interested in the rather quaint analogies quoted by Senator O'Hanlon, that because you can send a postal order by post there is no reason why you should not conduct all your voting and other things in the same manner. You could make a proposal of marriage to your sweetheart by post, but you would have to go to the church to make her a bride.

CATHAOIRLEACH

Not too often, at rare intervals.

The analogy drawn by the Minister as regards the method of voting by soldiers, dentists and medical men is not a fair analogy, because these people are not paid, nor are they elected to be at any particular place for an election at a particular time. Senators and Deputies are supposed to be in and around Leinster House, or wherever the Oireachtas meets when they are required, and one of the times they are required is during an election. Of course, we know that in actual practice there will be sittings of the House in or about the time that the Seanad election will take place, so that the question of the convenience and the saving of expense has been absurdly exaggerated. Really the expense, although it will not be very much in any case, will be greater under the proposed system than it would be in actual reality. As was pointed out by Senator Bennett, it is a consideration that Senators and Deputies living away in the country will have to submit to a certain amount of persecution from canvassing by candidates or their agents, and that they will, in all probability, feel bound as a guarantee of genuineness of the promises made, to show the ballot papers, saving: "There you are. I have voted No. 1 for so-and-so." So that, far from being a protection to the voter it leaves him more exposed than direct voting. I feel that this question is so important that, if necessary, I will have to divide the House on it. At the same time I feel that the voting is not going to be on the merits of the amendment, but rather on the question of expediency and time. I would point out that if the amendments on the Order Paper are carried, and if the Dáil agrees, the question of time will not arise, as there will be plenty of time for an election by direct voting. There is no reason to believe that the Dáil would reject the amendments. This Bill was only passed in the Dáil finally by a majority of three —63 to 60.

A majority of eight in the Committee Stage on this matter.

I am talking of the Final Reading of the Bill. It was carried by 63 to 60. There was a sharp division of opinion in the other House, and I do not think they are going to stand fast there if this House, which is the one concerned, decides as I suggest. The debate has shown beyond doubt that the allegations that this House was in favour of postal voting are without foundation. If the House turns down this amendment it will be because, although it approves of it in principle, it has had to consider the question of expediency and the shortness of time.

Amendment put.
The Committee divided: Tá, 18; Níl, 20.

  • Bennett, T. Westropp.
  • Costello, Mrs.
  • Dillon, J.
  • Dowdall, J.C.
  • Esmonde, Sir T.
  • Fanning, M.
  • Farren, T.
  • Hickie, Major-General Sir W.
  • Hooper, P.J.
  • Kennedy, C.
  • Kenny, P.W.
  • Linehan, T.
  • MacKean, J.
  • Molloy, W.J.
  • Moore, Colonel.
  • O'Farrell, J.T.
  • an Phaoraigh, Siobhan Bean.
  • Toal, Thomas.

Níl

  • Bagwell, John.
  • Bigger, Sir E. Coey.
  • Brady, P.J.
  • Brown, S.L., K.C.
  • Counihan, J.C.
  • Desart, Countess of
  • Everard, Sir Nugent.
  • Gogarty, Dr.
  • Granard, Earl of.
  • Griffith, Sir John P.
  • Guinness, H.S.
  • Headfort, Marquess of.
  • Jameson, Right Hon. A.
  • Lansdowne, Marquess of.
  • McGuinness, F.
  • MacLoughlin, J.
  • Moran, J.
  • Nugent, Sir W.
  • O'Hanlon, M.F.
  • O'Rourke, B.
Amendment declared lost.

The remaining amendments go by the board.

Amendments not moved.

I would like to ask what provision there is in the Bill to enable an elector to find out if the ballot paper has not been received by the returning officer. There are plenty of ways of finding out why a voter has not got a voting paper, but there is no means of finding out if the returning officer received back the voting paper.

There is a system in the Post Office by which, when a registered letter is handed in, the Post Office will return to the sender a certificate of delivery. It is arranged in the appropriate section that the voter can return his ballot paper by registered post. An arrangement will be made with the Post Office by which, when a registered letter is handed in for the Seanad Returning Officer, there will be an acknowledgment through the Post Office that it has delivered that letter to the Seanad Returning Officer.

I am much obliged for the explanation. Sections 12 to 19 inclusive agreed to.

First and Second Schedules agreed to.

Title agreed to.
The Seanad went out of Committee.
Bill reported without amendment.
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