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Dáil Éireann díospóireacht -
Tuesday, 16 Jun 1925

Vol. 12 No. 9

CONSTITUTION (AMENDMENT) No. 1 BILL—SECOND STAGE.

In moving the First Reading of this Bill I went rather fully into the considerations which caused the Government to bring such a Bill before the Dáil, because I was anxious, even at that stage, to show Deputies that a Bill of this kind was not lightly introduced so late in the session. I hope that I convinced the Dáil that there are in the Constitution certain deficiencies which would present considerable administrative difficulty if a Bill of this kind, supplementing and elaborating the provisions governing election to the Seanad were not introduced. I pointed out that one situation that would arise would be that having no power to hold elections to the Seanad until such time as the vacancies had actually arisen, there would be an interval of possibly two months or even ten or eleven weeks, in which the Seanad would not be properly and fully constituted. We considered it better to seek power to hold these elections before the date on which the vacancies occur, so that there will be no gap or interval in which the Oireachtas as defined by the Constitution will not exist in full.

The Bill, therefore, proposes the addition of two Articles to the Constitution, one an Article defining exactly the term of office of members of the first Seanad. "The duration of the term of office of a member of the first Seanad Eireann shall be reckoned from the beginning of the day on which this Constitution comes into operation and the duration of the term of office of a member of Seanad Eireann elected under Article 32 of this Constitution shall be reckoned from the beginning of the appropriate triennial anniversary of that day." Another Article fixes the dates within which these elections to the Seanad may be held—"at any time not more than three months before nor more than three months after the conclusion of the period of three years mentioned." There is practically nothing further in the Bill beyond a provision to meet the case of a person elected to fill a casual vacancy after the date on which the panel is completed. It is considered that the most sensible provision to meet a case of that kind would be that any person so elected should hold office until the conclusion of the next three year period and then retire. I move the Second Reading of the Bill.

I do not think the explanations that have been given in favour of this measure justify the method adopted. Although the Minister said the procedure of introducing an amendment to the Constitution to get over difficulties, was not undertaken lightly, I cannot but think that the decision to introduce a Constitution (Amendment) Bill over a matter of small detail of this kind, is the best way of proceeding. Ministers have been advised by the law officers that it is essential and it is perhaps not for such as I to say that that is not the right, proper and necessary way of proceeding. I can only say that the arguments that have been adduced failed to convince me in the matter.

I would like to make one statement in regard to the Bill that should be made in this debate. I am not going into the question of the points touched upon by Deputy Johnson. I accept the fact that this Bill has come before us on the advice of the Law Officers of the State that it is necessary, but having been brought in, I would like to draw attention to the fact which I think might, with general advantage, be mentioned in the debate, that this Bill is marked as it is, that it is, in other words, marked as (Amendment) No. 1 Bill. I do not think it is a mere small matter that could be rectified. I do not think the actual way in which it is put here, if I might so suggest to the Minister for Justice, is the most advisable. It might seem a small matter but—and the Minister will follow my reference—it may have a considerable bearing in spite of the fact that it might only appear to be a little matter. I would suggest that the bracket after the word "amendment" be carried after "No. 1." in other words that "No. 1" would appear as an intact expression showing clearly that this was the first amendment of the Constitution despite whatever any court might have said otherwise. That is the first amendment, and if there be any subsequent amendments they will be numbered accordingly, and only those Acts of the Legislature that are marked as amendments to the Constitution can be construed as amendments to the Constitution.

Question—"That the Bill be read a second time"—put and agreed to.
Committee Stage ordered for Friday, 19th June, 1925.
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