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Dáil Éireann díospóireacht -
Tuesday, 26 Sep 1922

Vol. 1 No. 12

DAIL IN COMMITTEE ON THE CONSTITUTION BILL. - PROPOSED NEW ARTICLE 13.

I beg to move the following new Article 13:—

"It is the bounden duty of every citizen, without prejudice to his personal liberty, to make such use of his mental and bodily powers as shall be necessary for the welfare of the community. Every citizen shall be afforded an opportunity to gain his livelihood by economic labour. Where no suitable opportunity of work can be found for him, provision shall be made for his support."

That would become Article 12?

Yes; it would be the new Article 12. This proposition is already embodied in the recently made Constitution in Germany, and it is not a suggestion of something that may be done by legislation, but it is a suggestion that we should take it upon ourselves as a nation that there are certain duties, first for the individual, and secondly, the individual having done his duty, that there are certain duties for the nation itself. I submit that we have a right to look to every citizen to make the best use of his bodily and mental powers. It is not right that a citizen should have the rights without undertaking the duties, and the duties of citizenship involve the utilisation of those powers for the welfare of the community. If we have a right outlook on life and a right social order we will find that every citizen who does not use those mental and bodily powers for the welfare of the community is living upon the community, is a loss to the community and is a parasite on the community. And the contention here is that we should lay down that a citizen, in exchange for his right of protection, his privilege of government, should be bound to give to that community services according to his capacity, and we desire to lay that down as a fundamental principle of the Constitution. And having done that, the citizen has a right to look to the whole body of citizens for the protection of his human machine, of his bodily health and the opportunity to gain his livelihood by economic labour. We would lay down that a citizen having done his share, the community is bound in its turn to do its share for the citizen, and to ensure that an opportunity should be provided for every citizen to gain that livelihood, and if the State fails to provide a man with the opportunity for economic labour, then it should provide for his support. We lay the duty upon the citizen first, and he, having fulfilled his duty, then the whole community of citizens should ensure him a livelihood and, primarily, an opportunity of earning that livelihood.

Perhaps as Deputy Johnson suggested yesterday, some of us take a different view of what should be in the Constitution, but this is a general declaration without very much definite meaning, and it seems to me to be the very sort of thing we should not put into the Constitution. And, as I said before, there are things more or less of that type already in the Constitution, and if I were proposing amendments, I would rather aim at reducing the amount of space taken up with such things rather than at increasing it. Now, in the first sentence it is declared:—"It is the bounden duty of every citizen without prejudice to his personal liberty to make such use of his mental and bodily powers as shall be necessary for the welfare of the community." That would be all right in a magazine article where nobody would scrutinise it very much, but if you put it into an article that it should stand scrutiny, you will find in reality it means nothing at all. If you cut out the words "without prejudice to his personal liberty" there would be meaning in it, and if it read "it is the bounden duty of every citizen to make such use of his mental and bodily powers as shall be necessary for the welfare of the community," that would mean something, but if you put in the qualifying clause, the whole thing is nullified. Take the sentence "every citizen shall be afforded an opportunity to gain his livelihood by economic labour"—the word is "shall," remember. That might be said to be a rather tall order. It certainly is one that could not be made operative. It is a thing everybody would desire. If we put "should" instead of "shall," it would be a pious aspiration that would commend itself to us all, and an idea that would commend itself to us all, but if this is meant to be mandatory upon the State, it is, as I said, a tall order. Economic labour is not so easy a thing to arrive at. I take it if we set up State workshops it might very well be— and probably would be—that the labour there would not be economic labour, and the whole thing might be uneconomic. That might easily happen. Then if we take the words "where no suitable opportunity of work can be found, provision shall be made for his support" that might mean no change at all in the present condition, because I believe if a man is destitute a certain provision—provision of a type—is made for his support; so that on the ground that it is what I may describe as "sloshy," I would be opposed to the incorporation of this amendment in the Constitution.

Amendment put and lost on a division the voting being 15 for and 45 against:—

Tá.

Níl.

Pádraig Ó Gamhna.Tomás de Nógla.Riobard Ó Deaghaidh.Tomás Mac Eóin.Seoirse Ghabhain Ui Dhubhthaigh.Liam Ó Briain.Tomás Ó Conaill.Aodh Ó Culachain.Sean Ó Laidhin.Cathal Ó Seanáin.Seán Buitléir.Nioclás Ó Faolain.Domhnall Ó Muirgheasa.Risteard Mac Fheorais.Domhnall Ó Ceallacháin.

Liam T. Mac Cosgair.Donchadh Ó Gúaire.Uaitear Mac Cúmhaill.Seán Ó Maolruaidh.Seán Ó Lideadha.Micheál Ó hAonghusa.Domhnall Ó Mócháin.Seán Ó hAodha.Peadar Mac a' Bhaird.Deasmhumhain Mac Gearailt.Seán Ó Ruanaidh.Micheál de Duram.Ailfrid Ó Broin.Seán Mac Garaidh.Pilib Mac Cosgair.Micheál de Stáineas.Domhnall Mac Carthaigh.Maolmhuire Mac Eochadha.Earnán Altun.Sir Séamus Craig.Gearóid Mac Giobuin.Liam Thrift.Eóin Mac Neill.Liam Mag Aonghúsa.Pádraic Ó Máille.Seosamh Ó Faoileacháin.Seoirse Mac Niocaill.Piaras Beaslaí.Séamus Ó Cruadhlaoich.Criostóir Ó Broin.Risteard Mac Liam.Caoimhghin Ó hUigín.Proinsias Bulfin.Séamus Ó Dóláin.Proinsias Mag Aonghusa.Éamon Ó Dúgáin.Peadar Ó hAodha.Séamus Ó Murchadha.Liam Mac Sioghaird.Tomás Ó Domhnail.Earnan de Blaghd.Uinseann de Faoite.Domhnall Ó Broin.Séamus de Burca.Micheál Ó Dubhghaill.

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