I am surprised that the Senator would expect me to move a motion of this kind without making a case for it.
We have found within this country many who would give their lives for a republican ideal, some perhaps who would lay down their lives, even give up their substance, to maintain the Free State Constitution; but there are very few, I think, who would be found to make any sacrifice for the Oireachtas. It has not, as I say, got hold of the people and established itself in their minds as something that at all costs must be maintained and must be saved. We have, therefore, to work for the establishment of a parliament and a parliamentary institution in whatever form of government may ultimately be reached. We have to try to establish that parliamentary institution in the minds of the people, to give it prestige and moral authority sufficient to weigh down the gibes and the cynical sneers of cheaper critics. It was with that idea that I put down this motion, and the motion which it has been decided to defer.
I think it is well that we should consider the setting within which this parliament works. In old-established constitutional countries there are, I think it may be said, fairly well-organised and sometimes exceptionally well-equipped organisations — committees and associations—for a vigilant watch over parliamentary affairs, and with a good deal of voluntary assistance available for the promotion of legislative projects. At present we have not that. I think in no group or party can it be said that there is a well-equipped, well-informed body of people that could do the work which is requisite to be done, if it is to be done efficiently, to promote legislation.
I think it is undesirable that every legislative project should be assumed to rest upon the Ministry for the time being. I think it is not desirable, in the interests of efficient government and the maintenance of the parliamentary system, that the Parliament should wholly and entirely depend upon the initiative of the Ministry of the day for legislation. Undoubtedly, the great majority of measures, especially those which involve large administrative changes and which involve finance, must come from the Ministry, but there is a fairly wide region within which unofficial members can initiate legislation and by whom the inquiries precedent to legislation should be conducted. I think it will be admitted that Ministers who may feel inclined towards a certain line of action legislatively would sometimes prefer not to take the risk that the official introduction of a measure involves, that it would be preefrable from their point of view that public opinion and parliamentary opinion should be tested through the initiation of legislative proposals by unofficial members. That, if it did nothing else, would have the effect of developing a sense of responsibility amongst legislators. We are all guilty of uttering vague demands for legislation in certain directions and of denouncing governments for their failure to promote legislation in those forms, or in particular forms; but those thoughts and criticisms are very often modified if the critic has to sit down to the task of drafting a Bill, or even of going closely into the details preliminary to the drafting of a Bill. It is a very valuable exercise, I think, for a legislator that he should be required occasionally to face the practical difficulties which a legislative proposal involves.
What I have in mind in this motion in the main is that Senators who would propose certain legislation, or who would like to see legislation in a given direction passed in this House would, first of all by the presentation of a detailed motion—a motion giving something like the heads of the measure that they desire to be embodied in legislation—come to the House, give a general outline of their intentions, and have that proposal discussed on its merits in the House. If, in that form, they secured the adhesion of the House, then my idea is that they should be authorised to seek the assistance of a skilled draftsman in the preparation of a Bill to embody those ideas. I have not the slightest doubt that, when a motion had been proposed and passed in the House and when the promoters of that motion had to sit down and consult with a draftsman as to the making of a Bill to embody the idea, they would find very many difficulties in their way.
Probably they would find on many occasions that, however desirable the legislation in that direction would be, the difficulties were insuperable, and they would have to abandon the project, but their experience would be very valuable, I think, in education in the art of State-craft, and would not be lost to the Seanad, to Senators, or the country. The proposal is not one which suggests or asks for any increase in public expenditure. It is impossible for us, I think to say what it might involve in the way of additional staff, if any. I do not think it will necessitate any additional staff. I believe that there are available men who could, when occasion offers, be made available to Senators for the purpose I have outlined. It is certainly not my intention that this project should impose an additional charge upon the Exchequer, but it is desirable, if the House approves of the proposition, that those who will be formulating the estimates during the next couple of months should have this desire of the Seanad in mind, so that if any transfers were necessary from one department to another, or whether these transfers be necessary or not, it would be in the mind of those responsible that some such person might be made available when the necessity arose.
I think the idea that is embodied in this motion will probably eventually be taken up by the Dáil, but that is not our business at the moment. I think that for certain classes of legislation it is desirable that the Seanad should take the initiative. I am rather speaking of minor measures of reform, that do not involve great administrative changes or involve financial responsibility. It is also possible, in the formulation of amendments, rather than that the unskilled should be left to grope as to the best method of expressing their intention, that a little assistance from the draftsman might be available, but that is probably already at hand to some degree. I think it is the practice—it certainly is in another place— that the officials of the House are always willing, and in most cases able, to give any assistance of that kind that is required, but there may be questions even in the formulation of amendments which go beyond the capacity of the official staffs and in respect of which the official draftsman would be available, should the Seanad ask for advice. The general intention, therefore, is that the Seanad should be assisted in doing its work more efficiently than is possible without that assistance. I think it is true to say—and I think the lawyers will agree, that not even the lawyer who has not had specialised experience is always a skilled draftsman of a Parliamentary Bill, and for good or ill—I think possibly for ill— we have not in any of the parties a superabundance of lawyers or men skilled in the law. That may be, in the minds of some, our good fortune; but I think we have rather too few, while other countries complain of too many. In any case, I am asking the Seanad to agree to a proposition which would mean that Senators would have assistance in doing work, which they are responsible for, more efficiency than they can, to enable them to do it without that aid. I do not think that there is any very revolutionary idea behind the project. There is the idea of making the Seanad useful; and, if we cannot command respect, we can at least deserve it. I accordingly move the motion.
