Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Wednesday, 22 Feb 1928

Vol. 22 No. 2

PRIVATE DEPUTIES' BUSINESS. - THE TARIFF COMMISSION. MOTION BY DEPUTY LEMASS.

I move:—

"That the Dáil is of opinion that the Tariff Commission, as at present constituted, is unsuitable for dealing expeditiously with applications received for the imposition of tariffs and should be replaced by a Commission, consisting of five members who should have a knowledge of agricultural and industrial conditions (of whom one should be a qualified accountant), appointed by the Executive Council with the approval of the Dáil, and to hold office for a stated period;

"That the Commission, thus constituted, should have power to investigate the conditions existing in any industry in regard to its need for Protection against foreign competition and should make recommendations to the Executive Council as to how the benefits derived from the measure of protection afforded to any trade can be shared by the consumers;

"That for the purposes of its inquiries the Commission should be empowered to enforce the attendances of witnesses and to examine them on oath;

"That the Commission report to the Executive Council, which shall publish such reports within three months of their presentation if so requested by the Commission."

Deputies will note that the motion deals purely with the machinery by which the applications for tariffs are to be examined. The motion presumes that the question as to whether or not the State policy should be one of Free Trade or Protection has been already decided and that it is a question now of getting the most efficient machinery possible in order to have an adequate examination of applications and speedy presentation of reports. It is our opinion that the existing machinery, the machinery of the existing Tariff Commission, is not suitable, that the method of its composition and the powers entrusted to it by the Act are such as to restrict its speedy working and that it cannot deal adequately with the situation that exists in this country. There is, I think, throughout the manufacturing classes generally no confidence in it. There is an impression, a general feeling, that it is a waste of time and a waste of money for any association of manufacturers to prepare a case for submission to that tribunal. Its members personally are no doubt qualified to hold the position and are capable, but in consequence of the restrictions imposed upon them they are practically powerless. It has been in existence now, I think, for over a year and a half, and it has to date produced two reports with a promise of a third within this Session. In view of the situation which exists in this country, we think that fact itself is sufficient to condemn the Tribunal. It is sufficient at any rate to show that there is something radically wrong with its composition. It is our opinion, of course, that it was not established to facilitate the imposition of tariffs, that the purpose of its establishment was mainly political. It was intended to give people the impression that the Executive Council had the matter of protection of our industries under consideration and were anxious to facilitate it. But the Commission on which they decided, in its working at any rate, has impeded rather than facilitated the imposition of tariffs. It is our opinion that this was not meant to be serious. We have a statement on record, I think, by the Minister for Finance, that if the number of applications was increased the members of the Commission would be put on whole-time—that is, would be put in a position to give all their attention to the work of the Commission. That statement I submit is not sufficient, because the number of applications will not increase while there is a feeling in existence—as there undoubtedly is at present—that it is a waste of time for manufacturers to prepare a case for submission to that body.

I should like to submit, and I think it is easy enough to prove, that there is a practical need for expedition in the matter of protection of our industries. We have a net adverse trade balance every year amounting to several million pounds which represents a loss of capital to the nation and which means that the vitality left to ensure revival in the country is gradually diminishing. In addition, there is widespread unemployment. It is impossible to get accurate statistics as to how widespread it is, but every Deputy knows from his own experience in his constituency that unemployment is very grave indeed. In connection with that it is well to note that in addition to the loss of material capital consequent on the adverse trade balance, there is a serious loss of what one might call mental capital as well owing to the exportation of our skilled workers. These are men that cannot be replaced. It will take many years to substitute other workers for them. They are going in consequence of the lack of employment at home, and unless we take some steps immediately to ensure that efficient machinery will be set up to protect our industries, then the loss which the nation will suffer will be irreparable in a generation at any rate.

In the motion there is a suggestion made for the formation of a Commission of a different kind. It is suggested that the Commission should consist of five members appointed by the Executive Council with the approval of the Dáil. I should like to point out that it is not our view that Civil Servants should not be on the Commission. But Civil Servants are men who throughout their lives have lived in a sheltered occupation and have no practical experience of the storm and stress of industrial life. It is, therefore, important that there should be on the Commission not merely Civil Servants, but men with a practical knowledge of industrial and agricultural conditions which would make them useful members of that body. It is very important indeed that men with practical experience of agriculture should be on the Commission, because despite certain statements which have been made in this House, it is the agricultural community which is most urgently in need of protection at present and it is really most urgent in its demand for it.

The size of the Commission is not important. We suggest five members and we think that a reasonable number. It is important that they should be in a position to give their undivided attention to the work of the Commission. It is important that they should be approved of by the Dáil, even though they will be nominated by the Executive Council. The suggestion that they should be nominated by the Executive Council is to ensure that there would be some uniformity of policy among its members—that the Commission would not be just a debating society at which free traders and protectionists would argue out their differences. In that connection there is the example of the United States Tariff Commission which consists of six members appointed by the President and subject to the approval of the Senate. The normal term of office is twelve years, but at the end of each two years a member automatically retires and a new appointment is made. There should undoubtedly be a set period of fairly considerable duration for which members would be appointed, to ensure that to some extent, at any rate, they would be in a judicial capacity and free from political influence.

The important sections of the motion, however, deal with the powers of the Commission. They should have power to investigate conditions existing in any industry in regard to its need for protection. The existing body has power to consider only such cases where applications are made by those manufacturing or proposing to manufacture the articles sought to be protected. We have practical experience that there is a number of industries in which those engaged in them are convinced that if they are to be developed in this country protection is needed, but who will not themselves take the initiative in demanding protection, because they fear, as a result of the operation of a protectionist policy, foreign combines would come in here to capture the home market and put them out of business. They are, therefore, in the dilemma that although they know protection is the best thing for their industries, it would probably, under existing conditions, be the worst thing possible for themselves. We, of course, have definite views on that matter. We think that as we build up our protectionist wall brick by brick we should also take effective measures to ensure that Irish industries would remain, if not under the control of Irish capital, at least controlled by capital that would be under Irish control.

There are other industries in which the powers of the Commission to investigate the circumstances in any trade would be most important. We have the example of the railways. The railway company a few years ago manufactured by far the greater portion of its rolling stock and its other requirements in its works at Inchicore. To-day figures can be produced to prove that it is importing many articles which could be manufactured more cheaply at its own works. The question of the control of the railways, of course, would be out of order in this debate, but it would be well to point out that there is one particular case in which there is no conceivable likelihood of an application for a tariff being submitted to the Tribunal, and yet a case in which it is essential that some protectionist policy should be embarked upon. The railway company, for example, purchased from America plant for the construction of axle boxes—the newest machinery of the kind on the market—erected it in its works, brought over experts to train the workers in the operation of the plant, and then, when the plant had been erected and the workers trained, let it go to rust, and is, as we read in the Press, only a few weeks ago, advertising for tenders for the supply of axle boxes from abroad.

There is the agricultural industry. It is difficult to get agriculturists organised in order to submit a considered case to any tribunal. The existing organisations which pretend to serve the interests of the farmers are, of course, merely graziers' organisations, and in no sense representative of the agricultural community at all. We consider that the Commission should have power to examine the conditions existing in all phases of agricultural work and, if necessary recommend to the Dáil that a protectionist policy should be embarked upon.

We also consider that the Tariff Commission should have power to make recommendations to the Executive Council to ensure that the benefits derived by sets of traders as a result of the imposition of tariffs should be passed on, to some extent, to the consumers of the articles sold. We consider effective machinery to ensure that should not be difficult to establish. The report of the Food Prices Tribunal shows that in certain articles of food, at any rate, there is profiteering of a very extravagant nature going on at the present moment. We believe, for example, that if the association of manufacturers or traders, for the purpose of price-fixing, was declared illegal and that free internal competition was permitted to hold sway, a lot of that profiteering could be prevented.

The Commission, of course, should report to the Executive. There may be cases in which there would be need for secrecy to prevent facts and information concerning our industries from getting into the hands of foreign competitors in a form that would be of advantage to them. But there should be a definite time limit within which the Executive should declare its policy with regard to the Commission's recommendations. We suggest that within three months of their presentation the reports should be published by the Executive if so requested by the Commission. The Commission, being in possession of all the facts, would know whether the publication of the Report was in the best national interest or not.

There is an amendment to the motion tabled by Deputy O'Connell to which I would like to refer briefly. The points of similarity between the amendment and the motion are much more numerous than the points of difference. In the amendment it is suggested that the present Commission should be continued, with the exception that the members of it would be free to devote their whole time to the work. There are three members of the present Commission, and the three are civil servants. I think a very strong case could be made out against having a Commission exclusively of civil servants. There should undoubtedly be on it men with a practical knowledge of industrial and agricultural conditions which is essential for the proper consideration of the subject. There is no reason why civil servants with particular qualifications should not be members of the Commission.

There is no mention in the amendment of ensuring that the benefits resulting from the imposition of tariffs shall be passed on to the consumers. The recommendation regarding the appointment of the Commission to investigate the conditions in any industry is practically the same, and in the majority of other matters the amendment is the same. There is, however, in the amendment, Section 3, which states that the Commission should report "On the safeguards required or desirable to ensure a satisfactory standard of working conditions for employees in any industry to which assistance or protection may be given." I am not at all sure that it is advisable to impose that duty upon the Tariff Commission. The Commission may not be the most suitable body to decide the safeguards required. There is in that section the suggestion that the Government has a responsibility for ensuring satisfactory working conditions only in the case of protected industries. We hold that it is the duty of the Government to ensure that satisfactory working conditions should prevail in every industry operating in the State and not merely in those protected. That is a matter of very minor importance in view of the fact that it is not directly related to the motion. Comparing the motion and the amendment, I am still of opinion that the motion is preferable, and I would ask the Dáil to pass it in preference to the amendment.

In conclusion I would like to emphasise that there is very great need for expedition in this matter. It is essential that we should decide on some definite policy for industrial and agricultural reconstruction and put it into operation in the very near future. We cannot afford to let the policy of drift continue much longer. There are some people no doubt who think that the evils that exist here are due to the fact that there are a million too many people in the country. We do not. We believe Ireland can be made a self contained until, providing all the necessities of living in adequate quantities for the people residing in the Island at the moment and probably for a much larger number. The policy of this Party with reference to the control of economic matters in the State has already been defined here. We consider that the entire economic policy of the country should be decided on by a national economic council such as exists in Germany and France and such as is suggested by one of the big English parties for that nation. I notice it has also been suggested by Professor Johnston in an addendum to the Food Prices Report. The Tariff Commission would of course be merely a unit of that economic council. But pending the establishment of an economic council we think that the existing machinery should be improved as far as possible to ensure that it will be effective. We submit it is not effective at present and that instead it is quite the reverse acting as a brake upon progress and as such it should be scrapped. The whole case for a proper Tariff Commission does, of course, presume the necessity for a Tariff Commission. We are prepared to adapt the existing machinery in so far as it is possible to ensure that it will be effective. Although we perhaps should not be taken as saying that in our view a separate Tariff Commission is the most effective way of dealing with these matters, we think that the existing machinery could be made in part effective. Of course no machinery by itself will achieve anything unless it is supplied with the driving force of a will to achieve things, and that driving force must be supplied by the Executive Council. If the Executive Council has no policy, is divided in its policy, or is indifferent as to its policy on this matter, then the machinery will remain motionless no matter how perfect it may be. Until we get a definite national policy decided on in favour of industrial and agricultural protection and an Executive in office prepared to enforce that policy, it is useless to hope for results. At the same time, we think the opportunity should be availed of to ensure that effective machinery will be there when such an Executive comes into office.

I beg formally to second the motion.

I move, as an amendment:—

To delete all words after the word "opinion" in the first line and add the words:—"that the Tariff Commission Act should be amended so as to provide that the members constituting the Commission shall devote their whole time to the work of the Commission;

That the Commission constituted after amendment of the Act should have power (in addition to the powers given by the existing Act):—

(1) on the submission of proposals by or through the Minister for Industry and Commerce or the Minister for Lands and Agriculture or on its own initiative, to investigate the position of any industry and the possibilities of fostering such industry or protecting it against foreign competition;

(2) to report on the probable effect of methods of assisting and protecting any industry by methods other than customs duties;

(3) to report on the safeguards required or desirable to ensure a satisfactory standard of working conditions for employees in any industry to which assistance or protection may be given."

When the Bill which constituted the present Tariff Commission was going through the House the Labour Party made it quite clear that they did not agree that the machinery that was being set up under that Bill would be effective for the purposes for which a Commission of this kind was or should have been intended. They indicated what their views were as to the particular form which the Commission should take. But other views prevailed, and so the present machinery was set up. The motion proposed by Deputy Lemass goes some length—I might say a considerable length—to meet the views which the Labour Party then gave expression to, but in our opinion it does not go far enough. Deputy Lemass said that he preferred his motion to the amendment, but having had the advantage of hearing Deputy Lemass, I still think that the amendment is more definite and that it goes further towards creating the kind of machinery that we should have than the motion proposes to do. But, as he rightly says, there are many points of similarity between the motion and the amendment, and many of the arguments used by Deputy Lemass would also go to support the amendment. I think, however, that, he was under a misconception as to the first paragraph of the amendment when he stated that I proposed that the present Commission should be continued. That is not the intention. It states: "That the Tariff Commission Act should be amended so as to provide that the members constituting the Commission"— not necessarily the present members—"shall devote their whole time to the work of the Commission." But I have no particular objection to civil servants being the members who constitute the Commission. There may be a good case made for having others than civil servants on the Commission, but I think it is just possible that civil servants will be found who will bring to their duties a judicial mind, and that it might be difficult, outside the ranks of the Civil Service, to find people who would be equally detached. In any case, the main point that I wish to stress is that the Commission should devote its time to the work, that it should not be, as it is now, a kind of spare-time or part-time job. It should have much more importance, much more prestige, and fill a bigger niche in the life of the community than it does at present.

The position now is that if an application is made the Commission proceeds, very leisurely, to examine that application, and after some considerable time it decides upon it. But if no application is made it has no function whatsoever; and it does seem anomalous that you might have men acting to-day in a judicial capacity, sitting as members of the Tariff Commission, adjudicating on a claim put forward by a manufacturer, and that to-morrow or the next day you might have one or other of these same men disputing with that manufacturer about a question of income tax, a trade loan guarantee, or some question of that kind, in his departmental capacity. That would hardly be a proper state of affairs.

The Minister for Finance, speaking in April, 1926, on the Budget debate, when he was announcing his policy of no further tariffs until there had been a general election, made one exception. He said that "a particular industry might be beset by such special and peculiar dangers that there is great risk of its being lost for want of a comparatively small measure of help, promptly given." It is almost impossible under the present scheme to give any measure of help promptly to a decaying industry. We have had this Commission in being for a few years, and we know that not only months but possibly years have elapsed from the date of lodging an application for a tariff to the date when the help is given effectively in the form of a protective tariff. The argument, I think, is strongly in support of making the Tariff Commission a whole-time occupation and giving it much more extended powers than it has at present.

I have stated that, unless an application is made by some person interested in an industry, nothing happens. In fact, the whole approach of the Government, as set forth in the Act is, to my mind, wrong, in that they have said that these protective tariffs are by way of concessions to an industry—"concessions from the State" is a phrase that, I think, appears in the Act. I think that is a wrong way to approach this question. The Government should have a definite policy on the question of protection and should not look on it as concessions to individuals who are interested more or less from personal or individual points of view. The idea should be to protect and encourage industries which, in the opinion of the Government for the time being, are useful to the community as a whole.

Deputy Lemass cited cases of individuals engaged in industries who, for certain reasons, did not wish to make application for protection, although they knew that under protection their industries would flourish. There is another class of case, the case of the manufacturer who is not enterprising, who is just pulling along, and who is content to pull along with the little business that he happens to be doing. It suits his purpose; he is not anxious for the extension of the business; he is not out to make a fortune, and he is quite willing to go along in a happy-go-easy way without making any application for a tariff, although he might be engaged in an industry which, if it were protected or helped by the State, would develop into one which would give considerable employment and which would add materially to the wealth of the country. That is why we put down as an additional power which the Tariff Commission should have, those powers mentioned in the first paragraph of the amendment, namely the right itself to initiate inquiries into certain industries which, in the opinion of its members, might be such as would benefit from protection, or from some help other than a tariff, and that they would in a special way consider submissions from the Departments of Industry and Commerce which deal with the industries and the wealth-producing powers of the country. They should consider especially proposals which would be submitted to them by these Departments, and it should be considered part of the duty of these Departments to examine the state of various industries and make proposals to the Commission for the protection of industries which they thought should be protected, or make proposals to have the condition of those industries investigated.

The second paragraph of the amendment suggests that the Commission should have power to report on the probable effects of methods other than protection. There are methods of helping an industry other than protection, and it should be for the Commission to investigate which of those methods, or which combination of those methods, would be best suited to meet the needs of an industry. I do not agree at all with Deputy Lemass with regard to the final paragraph of the amendment. I think it is very necessary, when the State gives protection to an industry, that special steps should be taken to see that there are satisfactory standards as regards wages and working conditions in that industry. That does not relieve the Government of its obligation to see, in a general way, that there are good standards of working conditions maintained, but where the State gives special help to an industry, there are special reasons why this should be insisted upon. We have evidence of the necessity for such precautions in the fact that, even at the present time, reports are current as to the methods by which some of our protected industries are carried on. This is particularly true in the manufacture of sweets. Instances have been quoted where small so-called factories have been set up in stables and back-yards all over the city under most unsanitary conditions, in which young girls are employed under anything but suitable conditions of service. It is impossible where you have these little—I do not think I should call them industries—places to have anything in the nature of proper inspection carried out. The same thing applies, to some extent, in the cabinet-making industry. I think that goes to show that the Tariff Commission before granting help to an industry should take steps to ensure that the conditions under which the workers are employed are suitable.

In this connection I might call the attention of the House to the fact that under the Act setting up the Commission for South Africa, on which to some extent our present Act was modelled, there is a special clause authorising the Board to report, amongst other things, on the rate of wages paid, and the average or standard profits being made in an industry. That was deliberately left out of our Act although the attention of the Executive Council was called to it at the time the Bill was going through. The amendment, I think, on the whole, meets all the points raised by Deputy Lemass in his motion. It even goes further and is more definite in its terms, and for that reason I commend it to the House.

I second.

I have listened with the very greatest care to endeavour to find out what advantage would be obtained by the motion now before the House, and I have failed to see that any advantage has been put before us which is worthy of our consideration. It has been suggested that the existing Commission of three should be increased to five. But we have not been told what particular advantage would arise by the increase to that particular number. Anyone who has any experience of commissions or executive work generally knows that when we increase the number of people set up to adjudge on particular points, instead of obtaining speed, we have procrastination. We have been told that the object of setting up five is to speed forward the work of adjudgment, but we have not been told how the five will speed up that particular work. I suggest that anybody who is conversant with the procedure of the existing Commission, as now constituted, will find it exceedingly difficult to improve upon that procedure. The procedure is exceedingly simple, and, I think, deals very effectively with any matters put before the Commission. Anybody conversant with procedure knows that first of all an application is made to the Minister for Finance, and then we have consideration by the Department of Finance of the representative character of the applicants. There is then either rejection or reference to the Commission. The Commission requests the applicant to submit a detailed case, a list of witnesses, a statement of evidence in writing, and on receipt of these particulars the Commission recommends the amount of the fee. The Minister sanctions the amount of the fee, and the Commission informs the applicant of the amount and of the time to attend.

Is it in order for the Deputy to read his speech?

The question of fact to be decided is: Is Deputy Byrne reading his speech?

Perhaps the Deputy would give other Deputies credit for having sufficient intelligence to be aware of the procedure under the present Tariff Commission Act.

The Deputy is not out of order in reading an account of the procedure.

Mr. BYRNE

I am grateful to you, sir, for ruling that I am not out of order, and I think my friends on the left know perfectly well that in dealing with the Commission as it now exists I am dealing with the real pregnant issues of the matter. The point put before us was that the existing Commission is inefficient, and the point I am dealing with is whether that Commission is efficient or whether it is not. In order to prove that it is not inefficient I am quoting very briefly—I have not encroached on the time of the House very considerably—the main heads or processes through which that Commission passes.

The Commission or the application?

I am dealing with the whole issue involved and I consider in doing so that I am performing the duty which my constituents sent me here to perform.

The duties of a Minister.

It might not be my duty alone as a member of Cumann na nGaedheal but also as a representative of the people.

Which comes first?

That point, I think, does not arise. I am putting before the Dáil the various steps which the Commission has to take in connection with particular matters, and if those steps are not efficient in the interests of the country we should be told which particular step is lacking in efficiency. I am putting these various steps before the Dáil in order that members on the opposite benches can say which is inefficient. I was dealing first with the entry of an application. An interval is allowed for inspection of documents by the various parties interested in the application. That is a matter which is vital to the interests of everybody concerned. Seven days' notice is given of the hearing of the application, and then the final hearing takes place. Could anything be more simple than that? As Deputies on my left suggested that I was reading my speech I would inform them that I was only reading the various steps of procedure which have to be gone through. It has been suggested by Deputy Lemass that the present Commission, and its powers, are inefficient, and I was reading out what these various steps of procedure are to show that the whole matter of the adjudication in regard to a tariff was simplicity itself and could stand the criticism of Deputies here.

It has been suggested that the powers of investigation are not what they should be. As one who has been engaged in business practically for the whole of my life, I suggest that there is nobody better qualified to judge whether the levying or imposition of a tariff is necessary than those engaged in the particular industry in question. It has been suggested to us that the initiation of such a tariff should be taken out of the hands of those engaged in a particular trade or industry and entrusted to the Minister for Agriculture or the Minister for Industry and Commerce. I have great respect for both Ministers, but I suggest that, in the interests of the nation, the less interference there is with private enterprise and with industries in general from these Benches the better. I suggest, if an industry or trade needs protection, that that particular industry or trade is better fitted to judge whether such protection is necessary than are the collective powers of reasoning of this Dáil. As a business man, I know how dangerous it is for one business man to interfere in the business of another. There can be no doubt that men who have been engaged practically all their lifetime in business know more about that particular business than we can ever hope to teach them. What is all this that is before us to-night? It amounts to this, namely, that this Dáil is about to set out on the task of teaching the business men of this country how to conduct their business.

Why did we pass the Egg Act?

We may pass an Egg Act or any Act we like, but I can tell you, speaking with an experience of many years, that men engaged in business and industry know more about the needs of such business or industry than the collective wisdom of this Dáil. I am surprised that Deputies on my left, the Deputies of the Labour Party, whom I have always found to be exceedingly reasonable——

Is Deputy Byrne arguing that an application for tariffs on woollen cloth should be decided by the woollen millers, that a similar application with regard to flour should be decided by the flour millers, and that no one else should interfere?

I made no such statement. I stated that in such a case those engaged in the particular industries know better than we whether it is to their interest or not to have a tariff imposed. I would hesitate very long before going to the millers and telling them how to conduct their business, and if a miller came to me to tell me how to conduct mine my answer would be more forcible than polite. I am sure it would be the same if he came to Deputy Lemass.

It would be polite at any rate.

What does this mean but a storm in a tea-cup? We have been requested to set up a permanent Commission of five officials which will be sitting all its time and dealing with these particular matters. Is there sufficient work to keep such Commission engaged? Is the Commission as at present constituted not capable of deciding the various issues arising from time to time? Has it been suggested by Deputies opposite that the present Commission is inefficient? It has been suggested by Deputy Lemass that we should have somebody conversant with the needs of agriculture on that Commission. On the present Commission, in the person of Dr. Hinchcliff, Director of Agriculture, we have a person well qualified to fill that particular office to which Deputy Lemass refers. Let us be honest in dealing with these matters. What are we going to gain by the suggestion of my friends of the Fianna Fáil Party and also my friends of the Labour Party? I suggest we are going to gain nothing. There has been a cry for economy from the benches of Fianna Fáil from time to time—about large salaries and so forth—yet we are asked to set up a whole-time Commission which would not have sufficient work to keep it going. Let us get down to bedrock. This motion is a party cry with neither logic nor sense to support it.

I would like to support the motion. I agree with the last Deputy that men engaged in a certain trade know more about what is to their interest than any Commission which we could set up. In putting this motion down, however, our idea was to try to have a Commission set up which would introduce tariffs that would be for the good of the nation. It is quite possible that the introduction of tariffs would not be good for certain people engaged in a certain industry but that, on the other hand, it would be good for the nation. I know a certain manufacturer who told me some time ago that business was not too good. I asked him why he would not apply for a tariff and he said he was afraid to do so because, if a tariff were imposed, some foreign manufacturer might start business inside the country. I do not know whether it would be altogether good to have foreign manufacturers coming along here, but it would be for the good of the country if another native industry sprang up as the result of a tariff. It would not, perhaps, be good for the existing manufacturer, but it would be good for the country as a whole.

That is why certain people engaged in industry will not apply for a tariff. It would not be for their good, though possibly it would be for the good of the country. Deputy Byrne asked what is the advantage of having five members as compared with three. I think Deputy Lemass, in introducing the motion, said that he was not particular about the number, but he suggested five. I am sure if Deputy Byrne would agree on the other points that Deputy Lemass would agree to three. We were told this Commission is efficient. Perhaps it is, and is, perhaps, doing as well as any three men could be expected to do under the circumstances. They are only part-time men and have to consider the applications handed to them by the Minister for Finance according to the routine outlined by Deputy Byrne. They may be dealing expeditiously and efficiently with those applications—I am not sure—but we know that tariffs are not being applied as quickly as the country requires them. What we are trying to secure in the second part of this motion is that the Commission should have power to investigate the condition of industries, and that it could, if so inclined, recommend a tariff. That is very necessary, particularly in the agricultural industry. For instance, with regard to many of the agricultural industries, we believe a tariff would be good for them and the country, but who is to take the initiative under the present system? If you take bacon, exporters are not going to ask for a tariff, for there would be less for export if imports were cut down. I do not know whether it would suit the factories to have a tariff. Possibly, it would not. Possibly, other factories would spring up and the present ones would not be in as good a position under a tariff, but we would have more factories and the country would benefit by an import duty. Retailers would have no interest in a tariff. They would probably only sell the same amount and have the same profit. The only people assured of benefiting by a tariff would be the producers and the consumers, but who is going to take the initiative? We have no organisation of producers or consumers that would ask the Minister for Finance for a tariff on bacon. We have no philanthropist amongst them who is prepared to put up the fee, which I believe would be large in this case, because the number of witnesses and the amount of evidence that would have to be taken would probably be large. We, therefore, believe that the Commission which would be set up, whether it would consist of or include the present personnel or not, should have power to examine into industries that have not put in an application for a tariff, and should have power to recommend a tariff on any industry, whether it be a manufacturing or an agricultural industry.

Whether they want it or not?

Whether they want it or not. The point is whether the country wants it or not. The present policy, as Deputy Lemass has said, is a sort of lukewarm policy with regard to tariffs. Certain things are being done that are bringing the policy into disrepute. If we had a proper Tariff Commission set up it could deal with these matters as it thinks right. I know a small industry, now protected, and which before protection was doing some business outside the country. If the people in that industry now sent a sample to England, say, and it is not suitable and is returned, the manufacturer has to pay a tariff on it coming back. That has been responsible for doing away with any external trade this firm had, but they are finding now that their internal trade is just as good as it was on account of the tariff, but it could be doubled——

Does any manufacturer want a sample returned?

Perhaps if I mentioned the particular sample the Deputy would understand. The industry to which I refer is that of knitted costumes, and the Deputy may be aware that if a costume does not fit it is sometimes returned. I have also heard that if a motor part has to be got from outside the country, or from England, at any rate, if it is not the part required and has to be returned again, the tariff has to be paid both ways. Those are small matters that a real Tariff Commission, enthusiastic about a tariff policy, would soon make right, and so avoid the particular complaints made against the policy at present.

I believe that the motion as it stands is better than the amendment. I agree that the amendment in many points is similar, but in a few small points there is a difference. Therefore, I agree with Deputy Lemass's motion. I prefer the motion to the amendment.

I desire to make a few remarks in regard to this question of tariff reform. Of course, every Deputy views tariffs from a different angle. We have heard from different Deputies that the agricultural community should be protected by means of tariffs. A lot of us know that the members of the farming community, at least in the southern portion of Ireland, are not tariff reformers.

The Deputy will be clear that we are discussing a Tariff Commission rather than tariff reform generally. This is more restricted than an ordinary tariff debate; it consists merely of discussing the kind of Tariff Commission there ought to be.

I was just leading up to that. If you confine me solely to the motion, you will be clipping my wings.

I am sorry to have to do that, and I do it all the more ruthlessly because the Deputy will have another opportunity of discussing tariffs for certain when we come to the Budget.

I hope when I do drift from what is actually before us that you will hold me up again. What is wrong with the Tariff Commission that is now sitting? What is wrong with the three gentlemen who compose it? Are they giving us value for our money? Are they considering the cases put before them from every angle? I maintain that a Commission of three members is equal to a Commission of five. You have picked out certain gentlemen to carry on the work of the Commission, gentlemen with intelligence and ability to handle the different questions put before them. Therefore, as far as a Commission of five is concerned, that should be deleted altogether.

The suggestion is made that we should have a whole-time Commission sitting. If you have, look at the cost it will be to the country. That Commission might have to sit to consider trivial subjects, and I say that trivial cases are put forward for tariffs. We have heard all along that tariffs are necessary. Perhaps they are. If they are good for the country, put them on, but do not put them on until you have found out that they will be beneficial to traders. I am not a tariff reformer or a whole-hogger by any means. I would go a long way to meet any proposal to put on a useful tariff. I say further that we can all render assistance ourselves if we support Irish manufactures. For example, if we go in for a box of matches, let us accept Irish. Usually a man goes into a tobacconist's shop and he does not mind what matches he gets. We can all be tariff reformers in our own quiet way if we are Irish enough to support Irish manufactures. As far as Irish industries are concerned, we can do a lot ourselves.

The amendment in the name of Deputy O'Connell is almost tantamount to the motion—"to report on the probable effect of methods of assisting and protecting any industry by methods other than Customs duties." What are the ways and means we have of carrying out that portion of it? Certain individuals have to come before the Commission and give evidence, and all that must be done in Dublin. That is the fault I find with it. The Commission should sit all over the country.

In Cork as well?

Yes. Give us a turn, and that is all we want. It should sit also in Galway and Kilkenny. I say the Tariff Commission should go to the principal cities for the sake of convenience to the manufacturing community.

Surely it would be a whole-time job then?

If you want to concentrate on Dublin, of course that is another matter. Tariffs in any form cannot be rushed, no matter what Commission is sitting or what number of people constitute the Commission. If you rush into a tariff on a certain article the probability is you might ruin the trade altogether. If you take flour, for instance, people will tell you the price at present should be reduced. Why is it not? Every Deputy knows well that all workmen have had a reduction in wages with the exception of the baker. You see, therefore, as far as the poor people are concerned, and as far as the food of the infant is concerned you never get fair play at all. If people are patriotic enough to do certain things they ought to volunteer to try to get the loaf of bread reduced at least for the poor people. With these few remarks I think it is quite safe to say that the Commission sitting at present is quite capable of handling the matter, and there is no need for either the motion or the amendment that is before us this evening.

I want to show Deputy Carey and other members of the House where the present Tariff Commission fails. First of all, as regards their terms of reference, I desire to make a few remarks. Their powers are limited to considering matters that are put before them by certain manufacturers and considering only the proposals made by those manufacturers. For instance, the milling industry put forward a proposal a short time ago for a tariff on flour. There are other means of meeting the situation created by the importation of flour than by imposing a tariff on the flour coming in. If you put a tariff on foreign flour, in my opinion and, I think, in the opinion of practically every member of the House, it will raise the cost of living; it will raise the cost of bread. But if you prohibit the importation of flour and come to an agreement with the milling industry, an agreement which the majority of the millers in Cork County and, I think, in other parts of the Free State are prepared to accept, namely, that if we prohibit the importation of flour they will sell the home-made article at current Liverpool prices, it will lower the price.

The present Tariff Commission could not consider that proposal because it would be outside its terms of reference. The terms of reference confine them solely to the consideration of applications put forward by the industries concerned. If they are confined solely to considering the effect of a tariff on flour it would be a different matter altogether to consider a proposal like the proposal I have put forward. But the present Tariff Commission could not consider that proposal, and that is one of the defects of the present Tariff Commission. Deputy Carey wanted to know in what way were the wings of the present Tariff Commission clipped. Well, that is one way in which their wings were clipped. Another way is one in which the constituency that Deputy Carey and I represent is closely concerned, namely, the importation of malt. I do not think that the brewers who are importing this malt are going to look for a tariff on that article.

I was raising that question a few moments ago, and I was prevented. I was going to travel on those lines, but I was prevented.

I do not think the present Tariff Commission can consider the question of the importation of malt, no matter how pressing the subject may be, because the brewers, who are the people mostly affected, are not going to bring it up before them. The brewers are the people who are importing the malt, and they are certainly not going to bring up the importation of this article, which, as Deputy Carey stated here a short time ago, means that 300 people are doomed to idleness in Midleton alone. That is another defect in the Tariff Commission. I do not think that the present Tariff Commission, consisting of part-time officials who spent nine months considering a tariff on rosary beads, is the kind of Commission that is going to do anything more than what, in my opinion, they were set up to do, namely, to prove, falsely. to my mind, that the idea of tariffs was of no use whatsoever to this country. In my opinion, the Tariff Commission was put there to mark time. Even if they wanted to do any good, they could not do it. Their wings are absolutely clipped. If an industry brought forward a proposal before them, they could not consider an alternative proposal. They are precluded from doing so by their terms of reference. Last year we had imported into this country £1,504,000 worth of wheaten flour. In the course of six months that amount of flour was imported into the country, and the only remedy the millers can bring forward is a tariff on foreign flour. A tariff of that kind is definitely going to raise the cost of living. I do not think that any man in his senses can deny that it would raise the cost of living. If the Tariff Commission were free when the flour millers came before them to put forward alternative proposals and to consider alternative proposals, such as the alternative proposal I have put forward here, namely, the prohibition of any flour coming into the country——

The Labour Party refused to agree to that.

I am not concerned with what any Party refused. I think the Labour Party are well able to answer Deputy Byrne. If the Tariff Commission were free to consider a proposal like the prohibition of the importation of flour into this country, in view of the increased employment and the increased revenue that that would bring to the flour millers through their being able to work their mills to their full capacity and to increase their turnover, that alternative proposal, in my opinion, would be adopted and would mean a very definite benefit to this country.

Last year there were also imported into this country maize products. I do not know whether the Tariff Commission has gone into the question of prohibiting the importation of Indian meal into this country. I do not want to prohibit the importation of maize grain, but I want to prohibit the importation of maize meal. That is an industry that can very well be carried on with a profit in this country. It is an amazing state of affairs that maize can be brought into England, milled there, and then shipped to Ireland. I fear I am digressing.

In my opinion the present Tariff Commission is worse than useless for it is trying to bring odium on Irish industries. The idea of a Tariff Commission composed of three gentlemen, one well versed in agriculture, we are told, another well-versed in industry and commerce, and another in finance, spending nine months going into the question of rosary beads! I suppose they spent half an hour each week at it. I wonder what their pay for that half an hour was. We see here also that even though an industry applies for a tariff, that application must first go before the Minister who has to consider it. "The said Minister may, if he so thinks fit, refer such application to the Commission"—so that if we have here a Minister who does not believe in tariffs in a particular industry, no matter how good the case that industry may make, if that industry chooses to make application to the Minister the Minister need not let that application go before the Commission at all.

I never saw any Commission put into such a straight jacket as the present Tariff Commission have been put into. When they started to sit, even if they wanted to do any good, they could not do it under their terms of reference. Therefore, I think it is absolutely necessary that we widen their scope and give them an opportunity of doing good if they are inclined to do good. I do not think that Civil Servants or any other gentlemen of that description are fit and proper persons to inquire into anything whatsoever in this country. Those gentlemen are there with their salaries cut out for them and they need not care whether the agricultural industry goes down the hill or not or whether the flour milling industry goes down the hill or not. they need not care because their salaries are quite safe. Therefore, I support the motion to widen the powers of this Tariff Commission and give them an opportunity of trying to do some good.

The Tariff Commission as at present constituted is composed of three very reputable and very respectable Civil Servants under the jurisdiction of a Government which is particularly careful to inform us that all Civil Servants hold their offices at the will and pleasure of the Executive Council. That is the first fact you have to remember in relation to this Tariff Commission. The second fact is that we have had some experience of the treatment of the decisions of that Commission by a Minister at whose will and pleasure these Civil Servants hold their offices. We have had a case where on evidence which was not disclosed to this House—presumably upon evidence if it existed at all which was privately communicated and personally I do not believe such evidence does exist—the Minister for Industry and Commerce used the report of that Tariff Commission for the purpose not of benefiting an industry of this country but of publicly slandering it; using the report, and the evidence if there was any evidence which he received from the people who hold office at his will and pleasure, to libel and slander an industry. You have had another case where that Commission of Civil Servants, while sitting and considering an actual tariff, is told here in this House what the Ministry will or will not do and what the Ministry will or will not permit. You have a gross and culpable misrepresentation by a Minister of the House of evidence given before the Tariff Commission in relation to a case which was then sub judice. Founded upon that misrepresentation you have an anticipatory decision intimated to that Commission by the Ministry to whom they are responsible. I would be in favour of a Commission which did include Civil Servants, and coming new to this proposition I have defended the inclusion of Civil Servants. Having regard to that and to our actual experience of the sort of treatment which is to be meted out to them—remember this is a judicial Committee with judicial powers and is supposed to be independent——

How are they affected by the Government if they have judicial powers?

Will the Deputy stay quiet?—but I think I am asking the impossible. You have a Commission, however, which, while actually judging a case, is told what it shall and shall not do, and what the Ministry will or will not consent to do. You may have supermen. I mean you may have some means of selecting supermen for your Civil Service, but unless you have supermen or some machinery for selecting automatically supermen and only supermen for your Civil Service, your Civil Servants, while holding their positions at the will and pleasure of the Executive Council, should not be subjected to treatment of that kind, nor should the House be insulted by being asked to regard as a judicial body a body whom their masters put pressure on of that character. It is a fairly good sample type of idea as to what the administration do regard as independence in a judiciary and in a judicial body. If it was one single instance one would not mind, but it is part of the whole history of their relations with judicial bodies. You have had exactly the same experience in relation to the judiciary. For instance, there was quoted here in the House a judgment by Mr. Justice Hanna. It was not a hasty judgment. It was made after meditation and it was made in writing. It was quoted in this House as something which would be authoritative among laymen, but what happened? The Minister for Justice had the impudence to dismiss that judgement in a single word. He said: "He is wrong."

I am dealing with the judicial functions of a body set up under the control of this Executive.

I submit the speaker is out of order.

That is simply a sample. You have now a judicial body which I am using as an illustration. It does not know any law. Your High Court judges do not know any law, according to the Minister for Justice. The Minister for Justice dismisses with an ipse dixit the judgment of his own Court. That is the kind of respect that is shown for judicial bodies by this Executive body. How can you expect them to respect the independence of a body which is made up of people who hold their jobs at the will and pleasure of the Executive Council? You had exactly the some thing in relation to the decision of your Courts in the case of the Land Bill of 1926. This Executive again had the impertinence—that is their outstanding characteristic——

I submit the Deputy is grossly out of order. I fail to see how his remarks are relevant to this discussion on the Tariff Commission.

It is my duty to see that the Deputy is in order. I imagine the Deputy is trying to establish the case that the Executive Council would not have any respect for the decision of this type of body. I am waiting for him to develop that point.

He is ten minutes at it.

If it takes an hour to make the Deputy understand, it will be necessary to do it, and in order that I may work it out, to fit exactly his type of understanding, I will now move the adjournment of the debate.

Debate adjourned.
Barr
Roinn