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Seanad Éireann debate -
Wednesday, 10 Apr 1929

Vol. 12 No. 1

Public Business. - Constitution (Amendment No. 11) Bill, 1928—Second Stage.

Question proposed: That the Bill be read a Second Time.

I move:—

That the Bill do come up for consideration in six months' time.

I should like the House to read this motion in its literal sense and not to regard it as being any attempt to secure a rejection of the Bill in toto. The form in which the motion is put down is that prescribed by the Standing Orders. In proposing the motion I am actuated by two reasons; one is that if this Bill passes now it will be inoperative, and will remain so until a further Bill is passed setting up the machinery under which it is to be operated. The Bill, as Senators will observe, provides that the old system of election is to be substituted by an election at which the candidate shall be nominated in all respects as shall be prescribed by law. The final sentence of the section reads—"the place and conduct of such election shall be regulated by law." There is no enactment at present prescribing or regulating such things, and there is no enactment in sight. The result will be that if we pass this Bill now we shall be in the position in which we shall not be able to fill any casual vacancy that may arise in the Seanad until what I might call this further implementing Bill is passed. How long that situation will remain it is impossible to say. I have no doubt it will depend on other demands on Government time and on the time of the Houses. It does seem to me, and I hope the House will agree with me, that we should not be left in that undesirable position for an indefinite period, and that the proper course for the House to follow would be to suspend this Bill until such time as the other Bill is before us, and if it thinks fit pass both together. I confess I have another reason for the motion. I am sanguine enough to hope that possibly the interval provided by the postponement of the Bill may be availed of to secure a further consideration of the whole question of election to the Seanad. Personally, I have a strong dislike for the present system, and so I think have other Senators, unless their opinions have changed considerably since last year when the Bill for altering the system of triennial elections was before us.

At that time the House had really very little chance of discussing the measure in a deliberate way, and we had practicaly no opportunity of putting forward any alternative proposal to the present system, that is, with any chance of having the alternative fully considered and accepted. In the event of an alternative proposal passing the Seanad at that time it would then have to go back to the Dáil, and there would have been no chance of any change from the former system being made. The Bill came to us close up to the Summer Adjournment, and if the necessary preparations were to be made for the autumn election it was essential the Bill should be passed before the House adjourned. In these circumstances it was a question of the Seanad swallowing the Bill as it was or adhering to the old system of election, which had given so much dissatisfaction in 1925. Placed in that dilemma, the Seanad did swallow the Bill, although I doubt very much whether the majority of the Seanad were really in favour of it. I am encouraged in making this suggestion by some remarks that dropped from the President on the occasion of the introduction of these Bills. Some of us had suggested other methods of election. I know that for myself I favoured the system of the electoral college. Senator Jameson, if I remember rightly, favoured the system of a nominating college with subsequent election by the two Houses. Senator O'Hanlon was in favour of the old system of election, with smaller constituencies. So, too, I think, was Senator O'Farrell and some of his colleagues in the Labour Party. That showed, at any rate, there was a substantial section of the House which did not favour this new system. In reply to some of the speeches in these discussions, the President went a long way towards admitting that he did not regard this new system as an ideal one. He said, if I remember rightly, that it was to enable us to get over the election of last September and give us the opportunity of exploring the whole matter further before the election that is to come in 1931. I do not mean to suggest that there was a definite pledge by the President, but there was the implication that a later proposal to that effect would have consideration from him. I hope that he and this House, and the other House, will think that the interval provided by the postponement of this Bill will give such an opportunity.

This seems to be the time when further exploration of the subject should take place. If it is not done now what I fear will happen is that the whole question will be deferred and when we are coming close to the next triennial election we will be in the same position as we were last summer. If any decision is taken to try to draft an alternative system it will only be done at a late period when proper consideration cannot be given to it. Now that we have plenty of time is the time to face the problem. I make the assertion that the system of election as applied last December did not give general satisfaction, and I believe before that system becomes stereotyped we ought to examine it in the light of the experience of last December. We are not likely to get further information to enlighten us on the subject between now and two years hence, when the other election will be due.

One of the arguments put forward in favour of the new system introduced last year was that it would lessen the influence of party organisations in the elections. That did reconcile a number of Senators to the proposals, but I do not think that anyone can claim that that expectation has been fulfilled. On the contrary, I think it right to say that the party system operated in that election with more rigour than anyone ever conceived to be likely, or indeed, possible. Of course none of us is so unsophisticated as to imagine that you can do away with the party system in politics. It is essential to democratic government that there should be party polities, but this House is not intended to be a democratic House, and it is undesirable, in my judgment, that the party system should be allowed to operate as fully here as it would in the case of the Dáil. There should be some modification which would secure to a greater degree the independence of this House, and prevent it becoming what there is a danger of its becoming, a mere duplicate of the Dáil.

It might be foreign to go into any details of the last election, but any of us who know anything about it know that not only were members of parties directed to vote for candidates, which, of course, was quite right, but steps were taken of a really surprising kind, at least in one instance that I heard of, to ensure that the directions given were obeyed. I cannot speak from personal knowledge of the case referred to, but I have it from a very good source. It was that in the case of one Party some, at least, of the members never voted at all, that the voting was all done by an official. Of course if that be true, and if it developed, there would be no need to have an election at all. All that would be necessary would be to get the Party Whips to decide who were to be members of this House. I think that would be a very deplorable position. I do not think it would add to the prestige of the House. As I say, before the position becomes mixed, I hope the House and the Government will consider the advisability of again examining the whole problem. Whatever may be the view of the House on the larger aspect of the election my original point holds, and that is that this Bill, if it is passed, would leave the House in the position of being unable to fill a casual vacany until another Bill comes along, and for that reason I hope that my motion will be passed.

I have the greatest pleasure in seconding the motion. I did not know that the Senator was bringing it forward until I read it in the Order Paper this morning, but I realised at once that he raised a very important issue. With the argument the Senator used —and a perfectly sound argument it was—of legislative convenience and of the necessity for an amending Bill being introduced to enable this Bill to be carried out, I do not propose to deal or to delay the Seanad, but I think it is a perfectly sound proposition, and is one reason why, if there were no other reasons, we should carry Senator Hooper's suggestion. I am one of those who object altogether to the system on which this Seanad is elected. I took occasion when the first proposal was made to change our system of election, to object to it, and I can salve my conscience to the extent that I voted against the Bill. I do not wish to influence Senators who have other methods of achieving the wishes of the Seanad. Whatever ideas they have on this point they are certainly worthy of consideration, and I do not by any means bar them out. I think we should consider every conceivable proposition. The old system unquestionably had many drawbacks, because the electors, as a whole, took no interest in the election to the Seanad. I regard the Seanad as essential to the security and proper government of this country, because, irrevocably, I am a two-chamber man. I am quite prepared to admit that there is room for difference on this question, but I am irrevocably a two-chamber man.

Reference has been made to the danger or difficulty of party systems in this Seanad. I have been most of my life a party man. I have always belonged to one party. That is a detail. But I am a convinced party man, because, after all, you must have parties in a constitutionally governed democratic country, whatever they call themselves. I am in favour of the widest extension of democratic principles in the composition of this Seanad. Senator Hooper, by a slip, I think, stated that we were not a democratic House. We may not be a democratic House, but there is no reason why we should not be a democratic House, and in fact we ought to be a democratic House. We should go further than that. We should profess our determination faithfully to represent the people of this country. Therefore, I would like to give the people a direct influence in the election of this Seanad, and my solution of the whole difficulty is direct election of the Seanad by the people. I recognise the difficulty, the practical impossibility of electing members of this Seanad by one constituency, that is to say, having a Free State electorate for thirty, forty or fifty seats. The result of that we have seen, and one of the main results is that the majority of the people did not take any interest in the election of their Senators, which is bad for the people and bad also for the Seanad. What we should do, I venture respectfully to suggest, is to consider amongst other things the question of electing Senators direct by each county. I think if you had two Senators for each county elected on universal suffrage, you would have a representative Seanad. You would have a Seanad that had the respect of the people behind it; you would unquestionably have a democratic Seanad, and one representative of the people. My suggestion is based on the analogy of the United States, and of Canada where they have two Senators or something like that for each State. We are a small country but we have Twenty-six Counties and we might very well and usefully elect two Senators from each of the Twenty-six Counties, and we might give constituencies like Dublin and Cork such representation as a committee on investigation would suggest. I think we are making a very great mistake in not electing the Seanad by the votes of the people. I suggest two Senators from each county but, so long as the principle of direct election of the Seanad by the people is carried out, I do not care what particular details are employed to reach that end. On the other hand, if any Senator has any other ideas about the election of the Seanad, so long as the Seanad is elected and not nominated, I think we might be able to discuss and debate the matter in all its bearings and probably bring it to a satisfactory conclusion. Senator Hooper has given us an opportunity of raising this question in an informal way, and I strongly support his idea of keeping this question open, by relegating it for six months, or until such time as we can have a full inquiry into this matter, and have some practical proposition put before us.

The last speech from a nominated Senator is exceedingly interesting, but I respectfully suggest that it does not deal with the Bill which is before us and which is only dealing with the method of finding a person to fill a casual vacancy. Senator Hooper suggested that this Bill should be postponed for six months and he gave two reasons. The first reason he gave was that as the Bill stands it would have to be followed by another Bill, because the Bill states that the method and place of election shall be fixed by law. I would point out that if that is a serious objection, it could easily be met in Committee by saying that the method, time and place shall be set out in the Standing Orders of each House, which quite possibly would be a better way, and would get over the difficulty as far as this House is concerned. But, apart from that, I would point out also, that I take it the reason the following Bill has not been introduced is because if it were introduced it would be ultra-constitutional at present until the Constitution has been amended by this Bill, that we would simply get ourselves into a circle, and that until this Bill is passed, providing that a further law will be necessary, there is no certainty that that law will be necessary. I suggest that the argument put forward by Senator Hooper is really a mistaken one, and even if his argument be good, it is good only until the Bill has gone through Committee and until we see whether another Bill will be necessary or not.

The Senator also suggests that we should not deal with the matter of the method of election to a casual vacancy until we had further time to consider it. That is a totally different and much larger question, the method of election to this House. If Senator Hooper has any proposal which will enable this House to be more independent and free from Party, I hope he will put it into the form of a resolution, and give us two or three days to consider it. I am in entire agreement with him that this matter should not be regarded as closed, and that if any Senator has any proposal he should put it down and that this House, not the Government, should seriously debate it. I think that could and ought to be done, apart from whether this Bill passes into law or not. I think the issue in this Bill is whether, having regard to the present method now embodied in the Constitution, by which this House is elected by the two Houses voting together, and that being the law, it is better that the filling of casual vacancies should be done by the Seanad alone or by the two Houses. I believe that this system of election by the two Houses is the proper one, and, therefore, I am in favour of the Bill.

There is one point which is more strictly a Committee point, and which probably I will bring up in Committee which deserves some consideration. This Bill simply alters the Constitution to provide that instead of the Seanad co-opting members, vacancies shall be filled by the two Houses. It leaves the term of office of a person so co-opted as at present, with the result that when there is, shall we call it a general election for the Seanad, or a three years election, there are more than twenty vacancies to be filled, and you have the very unsatisfactory position, that the persons at the end of the list only serve a short time. I think that has proved unsatisfactory. Probably that would be all right if you had a simple direct vote, but where you have voting according to proportional representation, it is largely a matter of accident. I think it would be more satisfactory, particularly in view of the provision made in the Bill, by which the two Houses are going to fill vacancies, if the person elected was to remain in office for the balance of the term of the person whose place he filled. It might be one, two or six years, but it would mean that we would always have twenty persons to be elected, and only twenty, at a triennial election, and the term of office of each of the twenty would be the same. It is not a very important point, but I think it would be an improvement, and if I can draft an amendment to that effect for the Committee Stage, I will do so. I hope, however, that this Bill will not be postponed for six months, which I think would be a mistake. I hope it will not be done on the ground that we cannot debate future methods of election unless we postpone this Bill.

I have very little to add to what Senator Douglas has said, except to say that this is one of a series of recommendations made by the Joint Committee, which sat some time last spring. The Report was ordered to be printed on the 16th May, 1928. It is not a separate and distinct proposal; it is one of eight or ten, some of which have passed into law and others of which are awaiting consideration of the Seanad.

Motion put and declared lost, on a show of hands.

Main question put and declared carried.

Cathaoirleach

When will we take the Committee Stage? I suggest this day week.

On this day week we have Punchestown Races. I think it would be very unreasonable to ask the House to meet on that day.

I suggest that the Committee Stage be taken in a fortnight's time. It is not that I do not expect to be here next week, but Senator Brown, who has been ill, and with whom I would like very much to consult in the matter of an amendment such as I have outlined, will be able to be present in a fortnight, I believe.

Cathaoirleach

I do not think there is any great hurry about it. Senator Brown would be very helpful in Committee.

Committee Stage ordered for Wednesday, 24th April.
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