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Dáil Éireann díospóireacht -
Thursday, 1 Jul 1926

Vol. 16 No. 18

SHOP HOURS (DRAPERY TRADES, DUBLIN AND DISTRICTS) BILL, 1926—FROM THE SEANAD.

The Dáil went into Committee to consider the Seanad amendments.

I move that the Committee do not agree with the Seanad in the following amendment (No. 1):—

1. In Section 6 (1) the following words added at the end of the subsection:—

"Provided that for the purposes of this section a conviction or convictions for an offence under the Act of 1925 shall be deemed to be and to have been a conviction or convictions for an offence under this Act."

The object of that amendment is to provide for a continuation of convictions. I think the penalties in the Bill are already quite sufficient.

Motion put.

On a point of procedure, would the defeat of the motion automatically involve the contrary, that we agree, or would an amendment be required to that motion that the word "not" be deleted?

What is the Deputy's point?

The point is that the Deputy has moved a motion that the Committee do not agree with the Seanad. If that is defeated, do we automatically take the position that the Committee agrees, or is there any further motion required?

If the motion that the Committee do not agree with the Seanad in this amendment is carried the Committee do not agree. If the motion is defeated I think a further motion to agree is necessary.

Then I move an amendment to the motion: "That the word ‘not' be deleted." It would then read: "The Committee do agree with the amendment sent down by the Seanad."

I appreciate the skill of Deputy Johnson, but I do not want to be put in the position of accepting a direct negative. I suggest that we take the motion, "That the Committee agree with the Seanad." The decision would be the same in any event. If Deputy Doyle would be good enough to withdraw his motion we could then take Deputy Johnson's motion to agree, and we could decide in that way.

Mr. DOYLE

I am satisfied.

Question put—"That the Committee agree with the Seanad in the said amendment."
The Committee divided: Tá, 21; Níl, 31.

  • Earnán Altún.
  • Thomas Bolger.
  • Seán Buitléir.
  • Seoirse de Bhulbh.
  • Séamus Eabhróid.
  • Patrick J. Egan.
  • David Hall.
  • Liam Mac Cosgair.
  • Tomás Mac Eoin.
  • Risteárd Mac Fheorais.
  • Pádraig Mac Fhlannchadha.
  • Tomás de Nógla.
  • Ailfrid O Broin.
  • Aodh O Cúlacháin.
  • Liam O Daimhín.
  • Eamon O Dubhghaill.
  • Domhnall O Muirgheasa.
  • Tadhg O Murchadha.
  • Pádraig O hOgáin (An Clár).
  • Caoimhghín O hUigín.
  • Liam Thrift.

Níl

  • Séamus Breathnach.
  • Próinsias Bulfin.
  • Séamus de Búrca.
  • John Conlan.
  • James Dwyer.
  • Michael Egan.
  • Seán de Faoite.
  • Thomas Hennessy.
  • John Hennigan.
  • Seosamh Mac a' Bhrighde.
  • Séamus Mac Cosgair.
  • Pádraig Mac Fadáin.
  • Seoirse Mac Niocaill.
  • Pádraig Mag Ualghairg.
  • Patrick J. Mulvany.
  • Martin M. Nally.
  • Seán O Bruadair.
  • Máirtín O Conalláin.
  • Eoghan O Dochartaigh.
  • Séamus O Dóláin.
  • Peadar O Dubhghaill.
  • Seán O Duinnín.
  • Donnchadh O Guaire.
  • Seán O Laidhin.
  • Fionán O Loingsigh.
  • Pádraic O Máille.
  • Domhnall O Mocháin.
  • Séamus O Murchadha.
  • Pádraig O hOgáin (Luimneach).
  • Máirtín O Rodaigh.
  • Seán Príomhdhall.
Tellers:—Tá: Deputies Morrissey and Nagle. Níl: Deputies P.S. Doyle and E. O'Doherty.
Motion declared lost.

I move:—"That the Committee agree with the Seanad in Amendment No. 2":

In the Second Schedule, line 35, the figure and letters "9 p.m." deleted and the figures and letters "7.30 p.m." substituted therefor.

The Dáil has, presumably, a reputation to keep up, and I would be surprised if I heard it said on behalf of Deputies that they were going to play second fiddle to the Seanad when it comes to the protection of people in the matter of social legislation. If it is to be asserted that the Seanad is going to lead the way in matters concerning the well-being of wage-earners and the common people, then the Dáil's position in the public mind will be of very much less account than that of the Seanad. I think it is a sad reflection on the Dáil that the Seanad should have to show good example in this matter. I have no doubt whatever that the earlier views expressed here did not accord with the reasoned consideration that should have been given to the Bill and that in the light of further consideration and the decision of the Seanad they will agree to this motion.

I am quite sure the promoters of the Bill would not like the existing condition to be maintained for, say, nine months. I have no doubt that they had a sincere and earnest desire to make a change in the existing law when they introduced this amending Bill after the existing Act had only been in operation four or five months. I do not want to go into the question of the unwisdom of making these rapid changes in legislation unnecessarily, but having entered upon the task of promoting new legislation of an amending character, I hope and expect that they would like to see their task accomplished rather than that the Bill should be held up for nine months. If we agree to this amendment of the Seanad the Bill will pass, and the Dáil will not be troubled any further with it. I hope for the reputation of the Dáil and of the promoters of the Bill that they will agree to the motion.

I would like to remind the Dáil that the reasons assigned by the promoters of the 1925 Bill which passed through the Seanad were that it was going to give effect to an agreement. That was accepted by the Seanad almost unquestioningly. The Bill was passed through the Seanad as one might expect from its influential beginning. Its sponsors there were Senator Douglas and Senator Brown, and it had, very naturally, the support of Labour Senators. I doubt, however, that the Seanad were in full possession of the facts when the Bill passed through their House. It was introduced in the Seanad after the principle of the Bill was rejected by a plebiscite held under the 1912 Shop Hours Act. That Act was good enough for England; it should be good enough for Ireland. Trade Unionism is as highly organised in England as it pretty well can be, and I do not think that in this country we should try to outstep it.

The issue on which the plebiscite was taken in June, 1923, was early closing versus late closing. For early closing there were 262; for late closing or against early closing there were 392. The minority of 262 consisted of voters, several of whom had three votes as compared with one in the majority against early closing. That we can understand because in the minority were all the larger merchant drapers. That put an end for the time being to the movement for early closing.

In 1925, without any change of opinion, certain Senators brought in a Bill and said they claimed the support of the Seanad to give effect to an agreement between employers and employed, with the result that I have already quoted. I ask how could that be stated. It was quite plain that a very large majority in June, 1923, were against early closing. There was, to some extent, I admit, an agreement, but it was an agreement with an association with a membership of 27. If we count the number of people affected by this Bill, in Dublin alone, it would be something like 900, and for less than 30 people to say they speak for the trade is a claim that has really no foundation.

There is another point. The Seanad has amended this Bill. It has done very well, I must say, for the employees but it will bring disaster upon the smaller shopkeepers. Under the 1925 Act the small shopkeepers could keep open up to 7 o'clock on Mondays, Tuesdays, Thursdays and Fridays, and up to 7.30 on Saturday. The Seanad cut down the Bill we sent up by lopping one-and-a-half hours off the Saturdays. They allowed the lopping off that we did here to make the Bill acceptable to go through, that is, that instead of being allowed to remain open until 7 o'clock on Mondays, Tuesdays, Thursdays and Fridays, they must close at 6 o'clock, except on Fridays, when the hour is fixed at 6.30.

Some time ago Senator Farren introduced a Bill to give effect to an agreement between the barbers and their employees. He was defeated in that, because the Minister for Industry and Commerce declared it was his own intention to bring in a Bill at a later stage that would practically regulate the working hours of all employees. At any rate Senator Farren's suggestion was not accepted. We will have to face that situation when the Minister for Industry and Commerce introduces his legislation, but we should like to be placed on level terms with other people and not be placed in a prejudiced position as we will be if the Bill becomes law as passed by the Seanad. If the Dáil consents to abandon any portion of the Bill, as it left this House, that will be used as an argument against the small shopkeepers. Put him on the terms you did here, even restore the nine o'clock hour, where the Seanad amended it to seven-thirty and then you will put him on equal terms to negotiate, but if you are dissuaded from doing that, by any argument whatsoever, you will be putting the small shopkeeper in a disadvantageous position. For that reason I ask you, no matter what talk there may be of negotiations or anything else, to reject the amendment sent down by the Seanad.

I should like to support this amendment sent down by the Seanad. No doubt the evidence taken before the Committee of the Dáil was available to the Seanad, and no doubt they profited by it. I suppose everybody has read the evidence. I was a member of the Committee myself and listened to all the evidence that was given. We took a large amount of evidence at the time, and I think it was very thoroughly gone into. Certainly the opinion I formed from the evidence brought before us was that the so-called small shopkeepers had no grievance, and that, moreover, the large shopkeepers who employed a very large number of assistants against the comparatively few that the so-called small shopkeepers had, were very generous in offering to the smaller shopkeepers an extra hour. I think it was to close at seven-thirty instead of six-thirty. Moreover, it seems that a certain number of employees in the big shops were also working afterwards to seven-thirty in shops of their own, working in both ways under two sorts of Trade Unions, which seems to be rather anomalous. It seemed to me and possibly it seemed to the Seanad too, that there was a danger possibly of trouble later on from such an arrangement, and I must say that I can see no hardship at all. It seems to me they were very generously treated and that the Act of 1925 contained all that the small shopkeepers had in justice the right to ask. Moreover, we could sympathise with them if they endured their suffering with patience, but it seems a great many paid no attention whatever to the law as it was in force, and in fact it seems to me that this Bill is more or less to legalise infringements of the law that took place in the case of many of those so-called small shopkeepers. Therefore, I do not think there was any reason whatever why the hours should be extended to nine o'clock for those people. I hope, in this matter, this House will uphold the Seanad in the amendment.

I hope the Dáil will uphold its own decision on this question. The Dáil fixed the hour of seven-thirty, and I take it the decision of the Dáil was a proper decision. I should have considerable respect for a decision of the Seanad if I could believe it was a decision of the Seanad. I happened to be there while this was going on in the Seanad. If I had not been there, and if I were told that there was a show of hands, while fifteen or twenty Senators happened to be sitting outside in the next room, I would refuse to believe it.

There was a division.

I have seen on very important matters, not a division but a show of hands.

There was a division challenged on this question on the Report Stage.

I was not present at the Report Stage but at the Committee Stage.

This amendment is conveyed to us as a decision of the Seanad. We have no concern as to how the Seanad arrived at its decision. I should like Deputy Gorey to be clear about that.

Very well, I respect that. It was said that this was put up on behalf of the wage-earner. I do not think that was the case, but that it was put up on behalf of the big houses, and as a matter of fact it was the representative of one big house who engineered this amendment through the Seanad. When discussing the Bill he advised the Seanad that the proper method was not to throw it out altogether but to amend it in such a way as to bring it back into its former shape, which was to leave the hour as it was. I am not going to accept the statement that this amendment was put up by the wage-earners. It might be a combination of both, but certainly a representative of the big houses occupied a premier place in sending this amendment through. I hold no brief for either of the parties concerned in the transaction, but when we were sending this Bill through the Dáil I thought it was right to exercise as little coercion as possible on the people engaged in the business except it was called for, and it was uncalled for. If this House respected its own decisions and paid less attention to the decisions of the Seanad it would be doing better, and I hope it will stand over its own decision.

I am concerned only with the statement made by Deputy Gorey as to how this amendment was got through the Seanad. He is quarrelling with the decision of the Seanad. I stand up to say that, so far as I remember the passage of this Bill through this House, very doubtful measures were employed in forcing a division on it. This Bill was made the lever for the most disgraceful canvassing I have ever seen in any place. You had men standing in the lobbies and buttonholing Deputies, and you had canvassing carried on down in the bar. It constituted one of the most disgraceful episodes I have ever witnessed.

Does the Deputy contrast that with the episodes in connection with the Seanad panel?

Mr. MURPHY

I had no connection with the Seanad panel.

The Deputy said it was the most disgraceful episode he had ever witnessed.

Mr. MURPHY

It would disgrace a board of guardians in the most remote part of the country.

There are two methods of canvassing. One method is the artistic method. Those responsible circularise you and make false statements in their circular. The cruder people come and speak to you and give you an opportunity of cross-examining them. I would certainly prefer the man who comes face to face and makes his case and gives you an opportunity to cross-examine him.

Or offers you a drink down in the bar.

I have been canvassed nowhere—not even in the bar.

I supported the amending Bill of 1924, and I did so simply to keep people in employment. I do not agree with statements made by some of the official Labour Deputies that the wage earners will have to work longer hours if closing time is extended until nine o'clock. According to their own agreement, they are prepared to work forty-nine hours. Under this Bill they will only have to work 47½ hours, or 1½ hours less than their agreement provides. These small shopkeepers, as they are described, give a very large amount of employment. Even this morning, in some of these small houses I saw nine or ten assistants——

Is that a small house?

It is not very small. I have spoken to those assistants in the absence of their employers, and I have asked them if they would prefer to work until 9 o'clock on Saturday night, and if it would mean more wages for them. They told me that they would be quite prepared to work until 9 o'clock on Saturday night. According to the Bill, they get off about 6 o'clock on the other nights. This is not a question of the Dáil acting as the Seanad has done. The Seanad may make rules and orders and turn down Bills passed by this House, but I do say that the manner in which this Bill was received in the Seanad was not at all a proper manner. For instance, when a division was called——

That does not matter. We are considering a decision of the other House, conveyed to us in the proper way. Let me assure the Deputy that this amendment represents the decision of the other House. How the other House reached that decision does not concern us. The Deputy will have to argue the merits of this proposal as it stands, without reference to the question as to how it was reached. We have nothing to do with the Standing Orders or the procedure or the methods of the Seanad. They do not concern us. On behalf of this House, I should resent any discussion in the other House as to our procedure.

If the amendment from the Seanad be agreed to, it will mean that the funds of the official Labour Party will go down, because there will be a number of their members who will not be able to pay their weekly contributions. They will be deprived of employment, and surely the Labour Party do not want to see men who have contributed to their funds in the ranks of the unemployed. It does not matter to me but I think it right that we should uphold the decision of the Dáil. The Dáil gave its decision in Committee by a majority of about 51 to 20. I sincerely hope in the interests of Labour— true democratic Labour—I do not mean that sort of Labour that runs with the hare and hunts with the hounds——

I do not mean the class of labour which tries to pass legislation in favour of the big man so that they may be able to suck the big man's thumb and get some facilities, if threatened with a trade dispute, which would mean a victory. I sincerely hope in the interests of labour and of those employed in these shops that this amendment will not be carried. In the interests of the wage-earners, I ask the House to adhere to the previous decision of the Dáil.

I wish Deputy Lyons were the official spokesman of the promoters of this Bill. If he were, their case would fall to the ground. He referred to the "alleged small shopkeepers," and, again, to those who were "supposed, in the eyes of Deputies, to be small shopkeepers." I was on the original Committee, with Deputy Wolfe, which dealt with this Bill. We understood that the principal claim the promoters of this Bill put up was that they were small shopkeepers, and on that account that there should be differentiation between the treatment meted out to them and meted out to those described as large shopkeepers. If, as Deputy Lyons says, these people are not small shopkeepers but large shopkeepers, he should vote for this amendment.

I am voting against this amendment on the instructions of the people employed by these small shopkeepers.

One can go into any shop in the city and put a question to the assistants there and the answer will depend on the humour they are in. A few of them I have met wanted to know if we were going to ruin them entirely by this legislation. There has been a lot of talk, by members of the Dáil, of gun men. Everybody has expressed holy horror because there are, or were, gunmen in the country. Highway robbery is denounced on all sides. In my opinion, the promoters of this Bill are presenting a pistol at the heads of the Oireachtas. Some of them have been actually breaking the law, as laid down in the 1925 Act, by keeping their houses open after the time allowed. Recently, in the British House of Commons, there was an allegation that the Premier suggested to the mine owners that they need not break the law, that he would change the law to suit them. These people are even worse. They are breaking the law and, at the same time, they are trying to change the law. They are not satisfied to keep the law until such time as they have changed it to suit themselves. So far as the methods adopted by the Seanad are concerned, some Deputies said Senators were outside——

The Deputy must not go into that question.

I have seen Deputies who took part in debates here, and when a division was being taken they were out in the lobby or in the gallery.

Question put.
The Committee divided: Tá, 22; Níl, 39.

  • Earnán Altún.
  • Seán Buitléir.
  • Seoirse de Bhulbh.
  • Máighréad Ní Choileáin Bean Uí Dhrisceóil.
  • Séamus Eabhróid.
  • Patrick J. Egan.
  • David Hall.
  • Liam Mac Cosgair.
  • Tomás Mac Eoin.
  • Risteárd Mac Fheorais.
  • Pádraig Mac Fhlannchadha.
  • Pádraig Mag Ualghairg.
  • Tomás de Nógla.
  • William Norton.
  • Tomás O Conaill.
  • Aodh O Cúlacháin.
  • Eamon O Dubhghaill.
  • Risteárd O Maolchatha.
  • Domhnall O Muirgheasa.
  • Tadhg O Murchadha.
  • Pádraig O hOgáin (An Clár).
  • Pádraig O hOgáin (Luimneach).

Níl

  • Thomas Bolger.
  • Séamus Breathnach.
  • John Conlan.
  • Louis J. D'Alton.
  • Michael Egan.
  • Osmond Grattan Esmonde.
  • Seán de Faoite.
  • Thomas Hennessy.
  • John Hennigan.
  • Patrick Leonard.
  • Seosamh Mac a' Bhrighde.
  • Séamus Mac Cosgair.
  • Seán MacCurtain.
  • Pádraig Mac Fadáin.
  • Patrick McKenna.
  • Seoirse Mac Niocaill.
  • Patrick J. Mulvany.
  • Martin M. Nally.
  • Peadar O hAodha.
  • Mícheál O hAonghusa.
  • Seán O Bruadair.
  • Risteárd O Conaill.
  • Máirtín O Conalláin.
  • Eoghan O Dochartaigh.
  • Séamus O Dóláin.
  • Mícheál O Dubhghaill.
  • Peadar O Dubhghaill.
  • Pádraig O Dubhthaigh.
  • Eamon O Dúgáin.
  • Seán O Duinnín.
  • Donnchadh O Guaire.
  • Mícheál O hIfearnáin.
  • Seán O Laidhin.
  • Fionán O Loingsigh.
  • Pádraic O Máille.
  • Domhnall O Mocháin.
  • Séamus O Murchadha.
  • Máirtín O Rodaigh.
  • Seán Príomhdhall.
Tellers:— Tá: Deputies Morrissey and Nagle. Níl: Deputies P. Doyle and Gorey.
Motion declared lost.
The Dáil went out of Committee.
Disagreement with Seanad amendments reported.
Question—"That the Dáil agree with the report of the Committee"— put and agreed to.

A message will be sent to the Seanad informing them that their amendments have not been agreed with.

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