I move that Article 42 stand part of the Bill. It reads:— "The Parliament/Oireachtas shall have no power to declare acts to be infringements of the law which were not so at the date of their commission." That will save us from temptation.
DEBATES ON ADJOURNMENT. - ARTICLE 42.
Mr. BLYTHE:
Mr. THOMAS JOHNSON:
This raises the point as to the position under the last Dáil decrees, and I presume raises the point of the decrees now being presented to us. Are we to consider them as laws? "The Parliament shall have no power to declare acts to be infringements of the law which were not so at the date of their commission." It seems to me we ought to use what legislative powers we have to prevent this particular clause acting in a detrimental manner to the interests of many citizens. I throw it out as a suggestion that we ought to use our powers to enact such decrees as were previously enacted by the Dáil—make them law under this Constitution.
Mr. BLYTHE:
I do not think there are any of the previous decrees that would be affected by this Clause. I do not think that what Deputy Johnson has in his mind is affected by this particular Clause. The decrees are Civil Decrees, not dealing with matters of crime at all.
Mr. DARRELL FIGGIS:
Amendment 19 consists of two Articles that should appear between Articles 42 and 43 of the present Draft. The amendment runs:—"Estates and interests in the lands, waters and natural resources of Ireland now or hereafter vested in the Free State/Saorstát Eireann, other than rents or rent charges created prior to the adoption of this Constitution, shall not be alienated in perpetuity, but they may, in the interests of the general public, be leased under the authority and subject to the control of the Parliament/Oireachtas: Provided that no such lease or leases may be made for a term exceeding ninety-nine years beginning from the date thereof, nor shall any such lease or leases be renewable by the terms thereof. The right to acquire all easements and rights of way for public transportation, telephone lines, telegraph lines, wireless stations, and aerial navigation stations belongs exclusively to the Free State/Saorstát Eireann, and the same shall be controlled by the Parliament/Oireachtas." "The utilisation of water power and the production of electrical energy is placed under the control of the Parliament/ Oireachtas, and the Parliament/Oireachtas shall from time to time prescribe the manner in which this control shall be exercised, so as to safeguard the public interest and to ensure proper development and use." It will be recollected by the Dáil that two similar Articles were proposed by me in the Section dealing with Fundamental Rights, and these follow naturally upon them, dealing with the legislative authority and the limitations of legislative authority, following upon the declaration of these fundamental rights. At the time it will be recollected by Deputies that the Minister asked me to leave the matter over in order that the two original articles might be considered by the Ministry. I am just now informed by the Ministry that these two Articles should be dealt with in the same way, by themselves, and therefore I withdraw them at the present moment as I understand the Ministry will be dealing with them in Articles covering the same matters. I would like to take this opportunity to stress particularly Amendment 20 (for Article 42), dealing with the question of the utilisation of water power and the production of electrical energy. This is a matter that was drawn to my attention in connection with some other work, and the wording here is of some importance. I would suggest it might be adhered to as nearly as possible. It did happen in a certain country in Europe. There it was found water power was being developed at 6's and 7's all over the place, and obstructing future development, and it also got into the hands of alien and unfriendly corporations, much to the detriment of National interests. In drawing these two Articles in Amendment 19 to the attention of the Ministry, I would like to stress No. 20 particularly.
Mr. BLYTHE:
I might just say No. 20, even more than No. 19, would be in its proper place in the section dealing with Fundamental Rights.
Motion made and question put: "That Article 42 stand part of the Bill."
Agreed.