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Dáil Éireann díospóireacht -
Wednesday, 12 May 1926

Vol. 15 No. 13

PROTECTION OF THE COMMUNITY (SPECIAL POWERS) BILL, 1926—FIRST STAGE.

I move for leave to introduce a Bill entitled "An Act to confer on the Executive Council special powers for the protection of the community and ensuring the due supply and distribution of the essentials of life during national emergencies."

It would appear from information which I have received this afternoon that the necessity for this measure is not so marked, but from information which is at our disposal in connection with supplies in some parts of the country, such powers as indicated may be immediately necessary. Perhaps you will pardon me, sir, if I make something in the nature of a Second Reading speech at this stage, in view of the special circumstances of the case. I would like to say that this measure is one which has its essence in its Title. There is a shortage in, at least, three places at present in the country. The shortage in at least one of these cases has. I think, been brought about by an idea that got abroad that it was necessary to get in stocks, and, as a consequence, stocks of certain essential commodities have been reduced. It will be seen that merchants in those cases are placed in a position of much difficulty. A regular customer of one of these firms comes along and asks for a certain type of goods. If the merchant demurs, he will be informed that no subsequent business will be transacted with him, that a change will take place, and that another merchant will be approached and that business will be lost. That is a case that has been put to us by one prominent merchant.

It is in order to deal with the supply of essential commodities that we are introducing this measure. It gives power to the Executive Council which is not there at present. It enables the Executive Council to declare by proclamation a national emergency. Parliament can be summoned, if not sitting, within three, and not more than five, days after the issue of such proclamation. Regulations can be made dealing with profiteering and hoarding. Allegations were made towards the end of last week that some cases of profiteering had already occurred. Hoarding is a problem with which it is much more difficult to deal. It may be, and I hope it will be, unnecessary to exercise any of the powers which are asked for in this Bill, but they are powers which in special circumstances ought to be in the hands of the Executive Council—powers for the protection of the community and ensuring the due supply and distribution of the essentials of life during national emergencies. Even if the information which we have just got is true, and I think there will be general agreement that that information is satisfactory, it is quite possible that the supply of coal may still be interrupted. The information as to the end of the general strike does not necessarily connote that the ordinary supplies of coal will be available, and in that case it will be essential that the Executive Council should have power and authority to take such steps as may be deemed advisable to insure that neither profiteering nor hoarding takes place. I accordingly move that leave be given to introduce this Bill.

The President, in his opening statement, explained that what was thought to supply an occasion to the introduction of this Bill appears to have passed, but, he said, that in three places in the country there were difficulties owing, as I take it, to certain rivalries between merchants, and that it was necessary to make provision to meet those difficulties. While I am not objecting to the general idea that for the protection of supply to the community, special provisions should be made, I feel that the occasion for introducing a Bill of this kind is not well timed in view of the circumstances. I was hopeful that the President would say that he had reconsidered his intention of introducing this Bill now, in view of the change in the situation that has occurred within the last two or three hours. It seems to me that if you are going to legislate for the purpose of meeting difficulties in two or three places in the country you cannot do so on the plea that a national emergency has arisen. I would think, if there is necessity to give power to the Executive Council to prevent hoarding in one or two places in the country, from whatever cause, if that hoarding deprives people in a locality of the means of living, that methods other than these should be submitted to the Dáil. That is to say, that the power should not be one of acting by proclamation in a case of national emergency, but should be a normal power of the Executive Council. This method of dealing with the difficulties which the President adduces as having arisen in two or three places, seems to be an entirely wrong one. I feel that the very fact that we are asked to pass this Bill in a hurried way is much more likely to give occasion for panic in the country than if we said: "Now that the difficulty that faced us is past, there is no need for us to take upon ourselves these special powers." That would be more likely to ease the situation and, probably, save the position in the three places to which the President referred. I do not intend to oppose the First Reading of this Bill, but I think we should have some further consideration of the plea of necessity before the matter is dealt with to-morrow.

In my statement I may have given rise to some misconception. This Bill is not introduced because of rivalry between two firms in a particular place, but because of the weakness of the merchant in declining to supply. The business would not go to his rival there, but would leave the district altogether. It is not a question of two merchants endeavouring to get rid of large stocks, but rather of one merchant not being in a position to meet the order. His difficulty was that when refusal was indicated the answer was: "We will go elsewhere."

Does the President contend that such cases as he mentioned justify the proclamation of national emergency?

I mentioned two or three places and my information in regard to them a few days ago was that there was a normal supply, and that there would be no shortage. What has occurred in connection with these three cases inside a week might spread very rapidly, and what might be regarded as a town or village case to-day may easily become a case of national emergency to-morrow.

Leave given. Bill read a first time.

I now desire to move:—

That leave be given by the Dáil for the consideration of the following motion—

"That the provisions of Standing Orders 79, 86 and 88, as to the giving of notice for the taking of the Second, Fourth, and Fifth Stages of a Bill, be suspended to permit of the remaining Stages of the Protection of the Community (Special Powers) Bill, 1926, being taken to-morrow, 13th May, 1926."

I trust that nothing in the nature of panic will result as a consequence of the passing of this motion, or the presentation of it by us, but I am satisfied, from information which I have had this morning, that it is our duty to bring forward this measure for consideration to-morrow.

From the point of view of procedure and order, is it in order that this motion should be dealt with to-day? If it is in order, surely it could be brought before the House to-morrow, when reasons for urgency could be presented. We have only had intimation of this motion a few hours ago, and it seems to me that the responsibility for having a House to-morrow sufficiently large to enable provisions of this kind to be passed should be foreseen, and the whole question of urgency could then be discussed in the light of the information which we will have to-morrow.

As things were, we were pretty much in the dark as to the necessity for a motion of this kind. If the situation as it presents itself to-morrow, appears to justify the passing of a Bill of this kind through all its stages, I shall not oppose it; but I feel that the position to-morrow should be understood before we decide that all these stages should be taken on the same day. I think we should not pass a motion of this kind in anticipation of a situation which might, in fact, not arise.

I understood that I had to give notice in order to get the Bill down for Second Reading to-morrow.

The motion on the paper would be quite in order to-morrow if the President should choose to postpone it until to-morrow, but an order must be made now for the Second Stage. The question of the remaining stages could be left over until to-morrow.

If Deputy Johnson would give me the Second Reading to-morrow, I could put down a motion for to-morrow for the taking of the remaining stages, and have that discussed.

I am agreeable.

Second Stage ordered for Thursday, May 13, 1926.
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