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Dáil Éireann díospóireacht -
Friday, 11 Mar 1927

Vol. 18 No. 18

ORDERS OF THE DAY. - CONSTITUTION (AMENDMENT No. 2) BILL, 1926—FROM THE SEANAD.

I move: "That the Dáil agree with the Seanad in the following amendment:—

In Section 1, lines 25-36, inclusive, deleted and the following substituted therefor:—

"The member of Dáil Eireann who is the Chairman of Dáil Eireann immediately before a dissolution of the Oireachtas shall, unless before such dissolution he announces to Dáil Eireann that he does not desire to continue to be a member thereof, be deemed without any actual election to be elected in accordance with this Constitution at the ensuring general election as a member of Dáil Eireann for the constituency for which he was a member immediately before such dissolution or, in the event of a revision of constituencies having taken place, for the revised constituency declared on such revision to correspond to such first-mentioned constituency. Whenever a former Chairman of Dáil Eireann is so deemed to have been elected at a general election as a member for a constituency the number of members actually to be elected for such constituency at such general election shall be one less than would otherwise be required to be elected therefor."

When this Bill left the Dáil, the position in regard to the Ceann Comhairle was that he would be automatically returned to the next Parliament following a general election as an additional member of the Dáil, and not representing any particular constituency. He would be a member of the Dáil but would be attached to no constituency, and would be a member over and above the number provided to form the membership of the Dáil. If he is re-appointed to the chair, the position would be the same as that in the previous Parliament, but if he is not reappointed he would be an extra member of the Dáil, not specially concerned with any constituency within the State and, presumably, on the look-out for a constituency for the purpose of the next following general election.

In the Seanad exception was taken to that position. The spare part aspect was drawn attention to — a member of the Dáil with a roving commission and assigned to no particular constituency. Finally, the suggestion embodied in this amendment emerged. That proposal has this advantage, that it is, in fact, the application to the proportional representation system of election of what takes place by agreement between the heads of parties in Great Britain. It ensures the return of the Speaker to the next following Parliament as a representative of the constituency which he represented in the former Parliament. Speaking of the system that obtains in Great Britain, I said that there was no way under proportional representation of securing that, that there was no way, with P.R. prevailing as an electoral system, of earmarking a particular seat as the Speaker's seat and reserving that for him.

This amendment of Senator O'Farrell's which was carried in the Seanad does, in fact, find such a way. It proposes to return the Speaker automatically to the next Parliament, representing his former constituency, and that the constituency elect one member less. Let us take the position of the constituency. A Parliament meets, a member is called from its midst to act as Ceann Comhairle, and for most practical purposes he ceases to represent his constituency in any active sense and he becomes the representative of the Dáil in effect. That position obtains throughout the lifetime of the next Parliament. After the next general election the former Ceann Comhairle returns to the Dáil deemed to have been elected as a member for his former constituency. Either he is reappointed to the Chair or he is not. If he is reappointed to the Chair the position of the constituency is, in effect, what it was in the lifetime of the previous Parliament. If he is not reappointed, the constituency has effective representation in the body of the House. It seems to me that the proposal secures all that it was sought to secure, all that was, in fact, aimed at by the Bill as it left the Dáil, and I recommend the acceptance of the amendment.

I would like to say that, so far as I can see, the amendment meets the objection put forward by Deputy Johnson, in the first case, to the proposal of the Government, and, in so far as it does, I am prepared to support it.

I am sorry that in this Bill, which was introduced when I was out of the country, provision was not made by which the Speaker of the last Dáil would be automatically put in the Chair for the first sitting of the new Dáil. I think that would be desirable so as to preserve continuity and avoid confusion.

Speaking subject to correction and quite apart from the Bill, I think the position is that the new Dáil meets under the chairmanship of the previous Speaker.

The first business of a new Dáil is to elect a Ceann Comhairle, and under Standing Orders the Clerk takes the Chair for that purpose.

I am glad that agreement has been reached on this Bill. I think the proposal enshrined in it is an admirable one, namely, that the Speaker shall be deemed to represent a constituency and be returned automatically for the constituency which he represented in the previous Parliament. It has the further advantage that, if by any chance he was not reappointed to the Chair, he would still represent a constituency and would still have the interests of his constituents to guard. The previous proposal was that if he was not reappointed to the Chair he represented no constituency, and there was the further disadvantage that it might bring him into competition with members of his own Party. I do not think that that should be so, and I am glad of this proposal.

I am not quite clear as to who is responsible for keeping order before the Speaker has been elected to the new Dáil. Has the Clerk authority to do so?

For administrative purposes, under Standing Orders, the Ceann Comhairle continues until his successor is elected. The first business of the new Dáil is to elect a chairman, and it does that under the guidance of its principal officer, namely, the Clerk.

Question put and agreed to.

I move:

"That the Dáil agree with the Seanad in its amendment to delete Section 2."

Question put and agreed to.
Message to be sent to the Seanad accordingly.
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