Seanad Éireann debate -
Saturday, 2 Sep 1939

Vol. 23 No. 10

First Amendment of the Constitution Bill, 1939—Committee and Final Stages.

Upon the passing of this Act the said proposed amendment of the Constitution shall forthwith become and be effective and the following words, that is to say:—

"In this sub-section `time of war' includes a time when there is taking place an armed conflict in which the State is not a participant but in respect of which each of the Houses of the Oireachtas shall have resolved that, arising out of such armed conflict, a national emergency exists affecting the vital interests of the State"

shall be inserted at the end of and as part of sub-section 3º of Section 3 of Article 28 of the Constitution.

Sir John Keane

I put down the following amendment:—

In line 40, after the word "but" to insert the words "in which a member of the British Commonwealth is engaged and",

when I saw the very alarming guillotine programme, and I wanted at least to be able to get on my feet, if possible, during the quarter of an hour allowed for the Committee Stage. I find that there is nothing very fantastic in the proposal in the Bill, which might have been devised for that purpose somewhat hurriedly. The Taoiseach referred to the method as not a very practical method of effecting the purpose of limiting the occasions on which these powers would be sought, and, therefore, I do not propose to press the amendment. I should like to say in view of the Taoiseach's remarks that perhaps there was a misunderstanding. I did not intend that it should give emergency powers to this Government in case of a conflict between any members of the British Commonwealth but with some other person. We are only giving them permissive powers, and these should be confined only to a conflict when a member of the British Commonwealth was engaged.

Amendment not moved.

Section 1, remaining sections and the Title agreed to.

Question: "That the Bill be received for final consideration, put and agreed to."

Question proposed: "That the Bill do now pass."

Mr. MacDermot

I should like to add a word on the lines of the discussion we have had. Certain Senators have been accused of irresponsibility. It is not because they advocated that the Government should abandon the policy of neutrality, because as a matter of fact I think all Senators, with the possible exception of one, agreed that no other policy is practicable for the Government except neutrality, that that is what the country wanted, and that nothing else could be done. It is not irresponsible to attempt to bring home the realities of the situation to the people of this country. It is not irresponsible to attempt to show this catastrophe for what it is. A catastrophe of course it is, but it is not one that we can escape by calling ourselves neutral. I believe that the best hope of limiting its effects on ourselves is to join France and the Commonwealth countries. Nobody here wants wild adventure.

Question put and agreed to.

Cathaoirleach

The business will be suspended now until the Bill is signed. As soon as it is signed we can take motion No. 3.

Mr. D. Fitzgerald

Surely we must pass a resolution that the President is to sign this Bill in less than five days.

The Taoiseach

I think I did not reply correctly in the Dáil to a question of that sort. We will have to do that with regard to the other Bill, but not in regard to this one which will be signed forthwith.

Mr. Fitzgerald

I thought it was agreed that we would stand-to until some hour that would be reasonable until the Dáil had passed the other Bill, that is to say 9 o'clock.

Cathaoirleach

That arises subsequently.

Mr. Quirke

I suggest we stand-to now. If there is only one item surely it is not too much to stand-to until we are required. We are inside doors and in as much comfort as most people, or more than most people, and I do not think we should adjourn for an indefinite period.

Mr. Douglas

It was understood that we would sit as long as necessary without any use of the guillotine.

Mr. M. Hayes

To finish the other Bill.

Mr. Fitzgerald

The Dáil will pass a resolution saying that a state of emergency exists. Does that come back to us immediately?

The Taoiseach

I think it can be passed simultaneously. Provision has been made to expedite the signing of the Bill, if the President is prepared to sign it, and we ought to get information without delay as to whether it has been signed. Then, if it is signed, I understand the Dáil will meet and pass a resolution stating that an occasion of emergency anticipated or provided for in the Constitution has arisen, and the Seanad can act similarly at the same time. Then the Seanad can adjourn for some time until we have the Emergency Powers Bill dealt with in the Dáil.

Mr. Fitzgerald

From that I gather the adjournment will be of short duration and that we will be called back in a quarter of an hour.

Cathaoirleach

Say 7 o'clock for the convenience of the Seanad.

The Taoiseach

There is a number of things which we will have to attend to. A great deal of Executive work will follow this resolution so I suggest half an hour. The Dáil will be discussing the Emergency Powers Bill.

Agreed.

The Seanad adjourned at 5.50 p.m. and resumed at 6.30 p.m.