Dáil Éireann díospóireacht -
Thursday, 3 May 1928

Vol. 23 No. 8

PRIVATE BUSINESS. - PRESENTATION OF A PETITION.

Mr. DE VALERA

Perhaps before the business on the Order Paper is taken, you would allow me to mention a matter of which I have given you notice. The matter is the presentation to the Dáil. as a first step in the presentation to the Oireachtas, of a petition prepared in accordance with the provisions of Article 48 of the Constitution. The petition is signed by 75,000 voters and upwards on the Register. In fact, it is signed by over 96,000, of whom not more than 15,000 are voters in any one constituency, urging the enactment of legislation providing for the Initiation by' the people of proposals for laws or constitutional amendments. The relevant sentences in Article 48 are the following:—

The Oireachtas may provide for the Initiation by the people of proposals for laws or constitutional amendments. Should the Oireachtas fail to make such provision within two years, it shall on the petition of not less than seventy-five thousand voters on the Register, of whom not more than fifteen thousand shall be voters in any one constituency, either make such provisions or submit the question to the people for decision in accordance with the ordinary regulations governing the Referendum.

The Oireachtas has failed to make such provision within two years. I am now asking you as Ceann Comhairle to receive on behalf of the Dáil this petition requesting that provision be made for the Initiation by the people of proposals for laws or constitutional amendments, and in particular the constitutional amendments that are recited.

AN CEANN COMHAIRLE

The Deputy has given me ample notice of this matter. It raises a new and somewhat difficult point and has been given a good deal of consideration. The general question of the presentation of petitions to the Dáil was considered some years ago by the Committee on Procedure and Privileges. The Committee reported to the Dáil that, except in certain cases mentioned in the report of the Committee, the practice of presenting petitions should not be allowed. That report was adopted by the House on the 27th February, 1924, and the decision is binding so far as ordinary petitions are concerned. The petition referred to by Deputy de Valera does not seem to me to come within the category of ordinary petitions. The decision which I mentioned, therefore, does not apply to the present case. With regard to petitions purporting to have been prepared under the provisions of Article 48 of the Constitution, there is no machinery available for the verification of the facts, such, for example, as to whether all the signatories are voters on the Register and, if they are voters, whether not more than 15,000 of them are voters in any one constituency. That is really a machinery point. The request, in effect, made to me is that leave should be granted on behalf of the Dáil to present a petition purporting to have been prepared under the provisions of Article 48 of the Constitution. If no objection is taken I am prepared to receive the petition on behalf of the Dáil without prejudice and without expressing any view as to whether the step now being taken on behalf of the petitioners would constitute any fulfilment of the requirements of Article 48 of the Constitution. If the petition be received, it will be delivered to the custody of the Clerk of the Dáil. Is there any objection taken?

The PRESIDENT

I object.

AN CEANN COMHAIRLE

As objection is taken, it seems that Deputy de Valera must give notice of motion asking that leave be granted to present the petition. I take it that there will be no difficulty, after consultation with the Deputy, in finding a proper form for that motion.

Mr. DE VALERA

I wish to give notice now that I will hand in such a motion.