Dáil Éireann díospóireacht -
Thursday, 19 Oct 1922

Vol. 1 No. 24

ARTICLE 51.

Mr. K. O'HIGGINS

This amendment 13 proposes to add at the end of Article 51 the words "on the nomination of the President of the Executive Council." That is simply to make it clear that in reality the President selects and appoints the Ministers, though nominally the Representative of the Crown has the appointment. We add this at the end of Article 51 "The Executive shall be responsible to the Dáil and shall consist of not more than"— now it would be seven Ministers—"appointed by the Representative of the Crown on the nomination of the President of the Executive Council." It has been pointed out to me that in line 30 that is made clear. "The other Ministers who are to hold office as members of the Executive Council shall be appointed on the nomination of the President." Well, it is just as well to have it in Article 51, because where it occurs in Article 53 there is the additional statement "They shall be appointed on the nomination of the President with the assent of the Dáil," so that it would not be too obviously a redundancy because of that addition.

The amendment was agreed to.

Mr. DARRELL FIGGIS

I move that after the words "with the assent of the Dáil," line 30, the following words be added: "in each case." I move it now as an amendment, but on turning up the Official Debates, No. 3, column 595, I find that the proposal "in each case" was suggested by yourself in Committee, and I believe was then accepted, but it does not appear in the present Draft. In any case I think that the principle was accepted before and I believe that the words were accepted before, and I move now that these words go into the Report, "with the assent of the Dáil" and the addition of the words "in each case."

Mr. K. O'HIGGINS

There is no very definite objection to that amendment.

It is simply a question for the Deputies to consider whether, seeing that these men on the Executive Council——

AN CEANN COMHAIRLE

Are you seconding the amendment?

Mr. K. O'HIGGINS

No.

Professor MAGENNIS

I second it.

Mr. DARRELL FIGGIS

I would like a ruling from you on that matter. I think if you turn to the Debates the actual words I believe you used were "The amendment is accepted."

AN CEANN COMHAIRLE

The Official Record is not the Report, but the Record kept by the Clerk, and it does not appear in that.

LIAM de ROISTE

I would like to ask Deputy Figgis if it is his intention to cover the case of the Vice-President in his amendment?

Mr. DARRELL FIGGIS

Certainly; everyone that is proposed by the President.

Mr. K. O'HIGGINS

I was saying that this is simply a question for Deputies to consider, whether in view of the fact that these appointees of the President or nominees of the President, will act as a single Body taking collective responsibility, that the President ought to be allowed to put them up in the same way as a bloc, as they will not be individually responsible. They will be members of a single Council facing the Dáil together on all matters, and going on the same lines in all matters, and it is simply a point whether in view of that their appointments or nominations would require individual approval.

The amendment was declared lost.

Mr. O'HIGGINS

If I might just comment on that last matter. Any President who was worth his salt, if a nominee of his were turned down, would resign. In the past the President always put up his nominees, and they were approved of as a matter of course. I think if a nomination of the President were seriously challenged his own position would become impossible.

Mr. DARRELL FIGGIS

I think that is sound. I am not pressing the matter.

Mr. O'HIGGINS

I move, in Article 54, line 42, for "estimates" to write "Estimates." It is merely to change the first "e" in estimates to a capital. I expect it will be approved.

Mr. BLYTHE

I second the amendment.

Amendment agreed to.