Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Wednesday, 27 Jun 1928

Vol. 24 No. 11

CONSTITUTION (AMENDMENT NO. 13) BILL—THIRD STAGE (RESUMED).

The Dáil went into Committee. Debate resumed on the following amendment:—
Section 2. In page 3, line 2, to delete the word "eighteen" and substitute the word "four."— (Eamon de Valera.)

As pointed out by Fianna Fáil Deputies here to-day, this Bill increases the power of the Seanad; it increases their power to hold up Bills for eighteen months. It makes it possible for them to keep a Bill that was passed by this Dáil from coming into operation for almost two years. What have we got to expect from the Seanad as at present constituted? Do members of the Dáil seriously believe that members of the Seanad—thirty of whom were nominated by the Cumann na nGaedheal Party and, when this series of Bills goes through and the next election takes place, another set will have been elected by the Cumann na nGaedheal and Seanad combined, and only a few by Fianna Fáil—will do otherwise than continue to carry out the purposes for which the Seanad were set up, namely, to be British watchdogs in this country? The Minister for Local Government stated that he wondered why we were putting in any amendment to this Bill, why we had the audacity to assume that a crux might arise between the Dáil and Seanad. The very purpose of this Bill is to provide for a crux between the Dáil and Seanad. If there was no possibility of a crux arising between the Dáil and Seanad there would be no necessity for this Bill, no necessity for the other clauses in the Constitution dealing with the procedure when a dispute arises between the Dáil and Seanad over any legislation. If a Government formed by Fianna Fáil were in office there might be a crux between the Dáil and Seanad over Bills dealing with a thousand and one things; Bills for instance, dealing with Constitutional changes, dealing with the reorganisation of the Army on a basis that the country could afford, dealing with the reorganisation of the police on a basis which the country could afford, dealing with the reorganisation of the Civil Service on a basis that the country could afford, dealing with the reorganisation of the Oireachtas, the Dáil and Seanad, on a basis the country could afford, dealing with the reorganisation of the Judiciary and Law Courts on a basis the country could afford, dealing with the keeping of land annuities in this country to be spent for the benefit of the people in the Twenty-Six Counties, just as land annuities are being retained in the Six Counties and spent for the benefit of the people there, dealing with local government, with agricultural and industrial development, with international relations, and with currency.

If a Fianna Fáil Government were in office Bills dealing with all these matters would be introduced as soon as possible. Fianna Fáil might also attempt to carry into effect the reports of the different commissions that have reported in vain to the Cumann na nGaedheal Executive for the last five or six years. Fianna Fáil might put into effect the Report of the Evil Literature Commission, the Report of the Commission set up to deal with insurance, the Report of the Commission relating to Greater Dublin, the Report of the Commission set up to deal with and report as to what steps should be taken to develop the Gaeltacht so that people could live there and save the language, and they might also put into effect the Report of the Commission on Technical Education. When Fianna Fáil gets into office and endeavours to carry through its policy there will undoubtedly be a crux between the Dáil and Seanad because we have a fundamentally different outlook on all these questions from the present Executive Council and the Seanad, which has been set up with the connivance and help of the present Executive.

We wish to abolish the Seanad, and surely when we attempt to abolish it, the Seanad will object. That was one of the great arguments why this Bill should go through, that we had given no indication as to why we should worry about a dispute between the Dáil and Seanad. There will, of course, be a dispute, a crux, between the Dáil and Seanad whenever the Dáil tries to do what the Irish people want, and when it will not do what the Seanad and the British nominees in this country want. We want to have the constitutional changes which the people want to be carried through in a constitutional and orderly manner. We will have got very, very rapidly into the position, after a few more Constitution Bills will have been passed, that the written Constitution will have no force or effect whatever. It will be understood by the people as a whole and by Deputies that the only Constitution is what the majority of representatives here want to have passed. That is exactly the position we want to see here. We want to see affairs so arranged that the majority of representatives here can deliberate together and can decide on national policy without reference to any written Constitution or any Constitution imposed here by foreign bayonets.

The Ministers think that they can impose barriers upon future Executives. They are establishing a precedent which will be very useful. They are now acting as if the written Constitution had no binding force on them, that their will is law, that whenever they want to change the Constitution they can change it. We hope, when we take over the reins of Government from them, that we will change the Constitution as the people want it to be changed, but we will do it in a more manly and open fashion, and we will not say one thing in private and do another thing in public. We now know what was in the cry, "The will of the people must prevail." It meant that the will of the people must prevail so long as Cumann na nGaedheal were the people who were to prevail. President Cosgrave said to-day that the Seanad is composed of persons just as anxious to do good for the people as Fianna Fáil. He told us that we ought not to fear the Seanad, that the Seanad were good boys, and that there was no reason to be afraid of them. There is no reason for President Cosgrave to be afraid of them. He will always do what the Seanad want him to do. and, of course, they will be good boys to him.

We have asked Ministers why on earth they are introducing these Bills and putting them through. We have asked them to disclose what is really behind all this rushing through of these Bills, why it is that they must override Standing Orders and Parliamentary practice in order to get these Bills through. Surely to goodness if they have good reason to put them through, if there is any real desire amongst the people of the country to get the Constitution amended in this Bill, they ought to put the Bills through the ordinary Parliamentary procedure. What is the good of having a Fourth or Fifth Stage? What is the reason for having two stages if there is to be no lapse of time between stages in which Deputies can make a re-examination of the Bill after it has emerged from the previous stage?

The Deputy is getting rather away from the section of the Bill.

We are on the Report Stage of this Bill.

This is the Constitution (Amendment No. 13) Bill in Committee. Section 2 deals with the powers of the Seanad.

I suppose this Bill will be subject to the same treatment as the Bill which we were discussing a while ago, and that the Fourth Stage will be taken before Deputies will have time to consider the Bill as passed through Committee, or have time to put in further amendments.

The Deputy need not anticipate that. Take the section we are on for the moment.

We hope it will not arise. A very important point was made here by Deputy Dr. Tubridy. That is that there are two legislative bodies in the country, the county councils and the Seanad, and that it is interesting for anybody interested in the affairs of this country to compare the treatment of the county councils and the Seanad by the Government—the county councils whose personnel helped greatly to establish this Dáil and made the English recognise that the Irish people had some rights, and the Seanad, which is composed of men who always helped the British in this country and who want to have English rule here the real rule. The Government for the last four or five years have been taking power away from the county councils, and they now propose to give further powers to the Seanad. Up to now the Seanad could, I think, hold up a Bill for nine months, but after this Bill is passed it can hold it up for practically two years. It can stop a change of the Constitution for over two years, and it has great power to create further trouble between the Irish people. If the Irish people really want a Bill passed through, if this Bill at present under discussion passes it will render that impossible, and it cannot be carried into law under eighteen months if the Seanad desires to delay it.

Take the question of land annuities as one example. Suppose a Fianna Fáil Executive gets into power, and we decided, instead of paying land annuities to England, which we do not want, to do what the people in the Six Counties do—keep them here in the general Exchequer and use them to relieve the economic condition of the people—suppose that such a Bill goes through in the Dáil and that a hard winter is pending, that the month of November is pending, and that we wanted to get that Bill passed through the Seanad, so that the one and a half million pounds that go to England would be kept here and would go into the general Exchequer to be used for the general relief of unemployment; suppose the Seanad, which is filled by people who always stood for England, the vast majority of them, said that this Bill must not go through for another two years, does anybody here seriously consider that the majority in the Dáil or the majority of the people are going to be blocked by such a Seanad? They will take some steps to ensure that the Seanad will not have power to delay such measures for two years. They will take some measures, whether they are in the laws or in the Constitution, but we hope that the members of this Dáil will make it impossible for the British watch-dog to hold up for two years Bills that the Irish people want. We hope that if any members of Cumann na nGaedheal who got the people's support on the plea that they were going to use this Constitution, that they were going to stretch it in order to secure the right of the Irish people to go forward and to spend their own money for their own purposes in their own way, who vote for this giving away of the people's rights into the hands of the British nominees in this country, the people will take a note of them and deal very effectively with them when they come before them again.

I know it is impossible, but I wish we could discuss this matter as if we came fresh to it. If we could skip by any magic these last seven or eight years and appeal to the men opposite who fill the Cumann na nGaedheal benches, as we could have appealed eight years ago, to consider this question, we could put it to them in this way: "You are here, you stand for the achievement of the rights of the Irish people. You want this country to be free, a country governed by a single Government, and that all the money that is raised in taxes in this country should be kept here to be spent for the benefit of the Irish people. Here is a question in which it is being proposed to deliver into the hands of the people who always stood for British interests here in Ireland, who are largely nominated by England, power over the Irish people." The present Seanad, with a few exceptions, is very much the same as the Irish members of the House of Lords. It is as if we could go back eight years and say: "Suppose it is proposed to hand over to the Irish members of the House of Lords power to hold up for two years legislation which we the representatives of the Irish people want to put through immediately."

If we could forget these eight years, and if the members of the Cumann na nGaedheal were not committed, as they have been committed by their actions in the last eight years, I do not believe that there is a single man of them who would stand for handing over to the present members of the Seanad the power to hold up legislation for two years. We know that the members of the Cumann na nGaedheal Party will not approach the matter in that fashion and that they are going to live up to their commitments. But behind them there are the people who put them into power in the hope that they would live up to their promises of eight years ago; that they would stand over the deletion from the Constitution of the clauses that gave power to England and the substitution of clauses which would give power to the Irish people. We warn the members of the Cumann na nGaedheal that if they pass this Bill it will not be very long until the people will put them on one side, if they get the opportunity.

For many weeks we have listened to a lot of rameis upon these Constitutional Bills.

I did not catch that word.

Mr. BYRNE

I am almost tired of the farce that is being performed in this House. To-day we had an excellent example of the continuance of that policy in the speech that Deputy Flinn delivered on this Bill. For days frantic appeals have been made to members on this side to participate in these debates. Now that some little semblance of debate has reappeared the members on this side have replied to the criticisms delivered against these Bills, but I fear that the replies have been too hard and too effective to please the Fianna Fáil Party. Deputy Flinn, in the course of his usual long oration which he always bores this House with, inflicted upon us a whole series of arguments.

I am sorry to interrupt, but I wish to call attention to the fact that the House is not properly constituted.

There is a House, and Deputy Byrne may proceed.

Mr. BYRNE

That is just another little sample of the tactics that have been going on for a number of weeks. We are asked for a count of the House. We are told that great constitutional issues are involved, and these great constitutional issues upon which the rights and liberties of the people depend are debated by four representatives of the Fianna Fáil Party.

Very good representatives.

Mr. BYRNE

Why do not the Fianna Fáil Party be honest and tell the public plain and straight that the farce they are participating in is pure humbug from beginning to end? Deputy Flinn to-day attempted to deal with the very cogent argument put forward on behalf of the Seanad by the Minister for Local Government. He said that the principle of delay appeared to be the panacea for all things; that delay gave time for reflection; that delay was an invariable cure for anything inconsistent, or anything irregular, or anything that tended to wrong decision in this House, and he asked the question: why should the principle of delay not be applied to solve all our difficulties; why should the principle of delay not be applied to the ordinary legislation of this House? The answer of the members on the Government Benches is perfectly obvious. We can answer that question like the boy in school by asking another, and the question that we would ask the members on the Opposite Benches is: What do you mean by delay? There is reasonable delay and there is unreasonable delay; there is a legitimate time for giving grave consideration to the various proposals which pass through this House and, on the other hand, there is a delay which is brought into the proceedings of this House with one object and one object only, and that is to hold up the whole procedure and the whole business in which we are engaged.

I do not think we can discuss that on this section.

Mr. BYRNE

I do not know whether you were in the House when Deputy Flinn delivered his speech, but I might as well be perfectly frank with you. I am simply replying to the arguments of Deputy Flinn that were delivered on this Bill, and I suggest that I am perfectly in order in replying to arguments from the other side.

I have said before that I am not adopting the principle that if one Deputy succeeds in being disorderly any other Deputy has the right to claim to be equally disorderly. The Chair is not accepting that principle. I am not called upon to say whether Deputy Flinn was or was not in order, but I do not think this particular section is a suitable occasion for discussing an alleged obstruction policy with regard to legislation generally. I think that it is getting rather away from this particular section.

Mr. BYRNE

I am entirely in your hands, but if certain arguments have been allowed to be put forward from the Benches opposite surely it is only reasonable that we on this side should be allowed to reply. Already to-day Deputy de Valera was allowed to deal with the Petition, with Article 17 of the Constitution and with many other Articles, but when I attempt to deal with them on the very same Bill the Chair immediately tells me I am out of order and I bow to the ruling of the Chair.

A DEPUTY

I think the Deputy is out of order. I do not think there is a quorum present.

Mr. BYRNE

With your permission, I should like just to develop my reply to Deputy Flinn, because we have all got so weary of Deputy Flinn that we do think something should be said in reply to the repeated nonsense he puts before the House. I think I can perform some little service to the House if I deal with the arguments he has put before us. The whole argument of Deputy Flinn was that the delay which will exist under this Bill in connection with the passing of measures in the Upper Chamber should be applied in exactly the same way to the proceedings in this House. I have pointed out that delay is of two kinds, reasonable and unreasonable. From the opposite side we have been told plainly, I think we have been told by the leader of the Opposition himself, that certain accommodations necessary for the carrying on of the business of the House under ordinary normal conditions have been withdrawn. Anybody who takes part in the proceedings of this House knows that if these normal conditions do not prevail it is almost impossible to carry, on the ordinary business.

We have been told further still by some of the Deputies of the Fianna Fáil Party that the Estimates which have been held up by the Constitution Bills would not be passed this year. They have made no excuse or pretence about stating these things in the House. They have said frankly and freely, and I think it is our duty to point it out, that if this policy of obstruction is the method of criticism that is to be applied to these great Constitutional issues by the members of the Fianna Fáil Party, we have a duty on these benches, as representatives of the people entrusted with the carrying on of government, to give an effective reply to these criticisms in the interests of the State. That effective reply has been given. The reply that has been given has had its effect. The all-night sitting and other things that have occurred here have had effect. The House is in a much more reasonable frame of mind to discuss things logically and sensibly than it was some time ago. We have been told from the opposite side a whole lot of things about the rights of the people. Deputy de Valera was so eloquent about the rights of the people that I was almost struck dumb. But has he or the Party to which he belongs upheld the rights of the people?

The Deputy will have to come to the section of the Bill.

A DEPUTY

Is Deputy Byrne lecturing Deputies or is he talking about the Bill?

The Deputy will have to come to the section of the Bill.

Mr. BYRNE

I shall return to the Bill immediately. The question really at issue in this Bill is the rights and liberties of the people.

Oh, indeed it is not.

Mr. BYRNE

The rights and liberties of the people as framed in this Second Chamber. The rights and liberties of the people in the Second Chamber are now involved, and I suggest that in discussing these rights that have been discussed by members of the party on the opposite side of the House, I am perfectly in order.

The Deputy will be in order as soon as he convinces the Chair that he is in order. He has not yet convinced the Chair. He will have to convince the Chair very soon.

Mr. BYRNE

I hope I will convince the Chair that I am in order. We have been told that the passing of this Bill would mean the abolition of all freedom, of sovereign rights, of all rights and liberties of the people and many other things in addition. I suggest that if we pass this Bill all these rights and liberties remain unaffected.

What part of the Bill is the Deputy referring to?

Mr. BYRNE

I am referring to the arguments put forward from the benches on the opposite side of the House.

With all due respect I think that the Deputy is referring to the previous Bill and not to this Bill at all.

Mr. BYRNE

I am on Constitution Bill No. 13 and I am dealing with the speech delivered by Deputy Flinn on that Bill. If you want me to quote Deputy Flinn's exact words I am in possession of them, because I have them written down in this House by my own pen.

I think I would rather not hear them.

Mr. BYRNE

I just wish to say a few words, and shall finish on this matter. I would merely point out to my friends on the Opposition Benches that all these great Constitutional rights and liberties of the people do not pass away with the passing of this Bill through the House. If the Fianna Fáil Party are anxious to abolish the Second Chamber the passing of this Bill now will not act as the slightest hindrance to them in carrying out that project. If Deputies on the opposite benches want single chamber government the Bill now before this House will not debar them in the slightest respect from carrying this particular design. They have certain rights and privileges left in the Constitution although they say that by this Bill we are tearing the Constitution up. It is not my right or my duty to tell the Fianna Fáil Party what these rights are. I merely say in reply to Deputy Flinn that these rights will remain within the Constitution and that the Fianna Fáil, if returned as a majority, can use these rights when they become a majority.

Article 50 leaves these rights and liberties to the people, as far as second-chamber government is concerned, absolutely as sovereign as ever they were. There are constitutional precedents in other countries which Deputy de Valera should know, and in other Dominions, which Deputy de Valera mentioned when referring to us as a unit of the British Commonwealth— these other Dominions too have single chamber government under circumstances similar to our own. If Deputy de Valera wants single chamber government there is nothing in this Bill to prevent him from having it. If the Fianna Fáil Party wanted to abolish the Seanad to-morrow, all these rights and privileges remain untouched by the Bill before this House. I say it would be better for the Fianna Fáil Party to be honest and fair and reasonable to the people, not to be hoodwinking and blinding people all the time. People are beginning to get fed up with all this airy nonsense and piffle. There was a schoolboy here in the gallery to-day, and, turning to his father, he said——

Mr. BYRNE

It is really worth listening to what he said. "I pity men," he said, "who have to listen to all this blather."

A DEPUTY

Was that a son of Deputy Byrne's?

Mr. BYRNE

No, but he was a son of a Deputy, not a son of mine. I would like to deal with one argument before I close, and that is an argument put forward by Deputy Flinn. He told us that the political sands are shifting, and that the Party to which I have the honour to belong will soon be engulfed.

We are not going to take the Deputy's Party out of the political sands in which they are to be engulfed at this particular stage of the Bill. I warn the Deputy he is persistently out of order since he began.

Mr. BYRNE

I have too much respect for the Chair to attempt to continue in making a speech in view of such a ruling, but I do, in conclusion, say that I think that the arguments I have used with reference to this Bill have been in reply to Deputy Flinn. When I said we on these Benches listened to a lot of piffle and nonsense, the House will appreciate what it was like when the Ceann Comhairle cannot allow discussion upon it even on this Bill. I shall vote for this Bill, and I can assure Deputies on the Benches opposite that the lives and liberties of the people will be as safe under this Bill if it is passed as if it had never been introduced.

I shall not occupy very much time. But I would just like this House to consider is there any need for putting further barriers to progress in this country? Have we shown since we got the two Parliaments in this country any wild desire to abuse the powers of this Parliament? Have we shown a tendency to go too fast, or why is there now a demand for impending such progress as has been made? To most people in the country it would seem that so far from going too fast we are going far too slow. If they look around them and see those vast reforms that have to be carried out before Ireland is on a level with other countries of the same resources and the same possibilities, I think reflecting people will feel that we will want to go very fast indeed before it will be necessary to check the rate of progress. This Bill is a Bill, as I say, to impede the work and the progress of the people's representatives, and to see that the wild men who are returned— the 153 wild men who would be returned at each general election—are not going too fast. It seems to me that there is very little sign of these wild men being returned at a general election. I think this House is as conservative in ordinary matters as any Parliament in the world. Never have I heard a revolutionary remark in the place since I came here—that is, on non-political matters. The Labour benches are, I think, an example of respectability. Why is there then a demand that those 153 men who will be returned here should have barriers erected against them, and why is it that we must put checks on these men, so that they will not land the country in dangerous legislation? I think the answer must be, and the only answer must be, the word "compensation." It seems curious that already in the short history of that House—a House that has not been particularly useful— vested interests have got so established that they can come now and claim compensation from the people's House, that, in return for giving up a little right they had and never once used, they are to get the big compensation that they can hold up that legislation passed by this House for a period of twenty months. That is rather an extraordinary thing, and it seems extraordinary that while arguments that the Initiative and Referendum mean great expense to the country, so logical a speaker as Deputy Tierney, for instance, should say: "Why not have a general election?" That is, if any Party is returned to the House and that Party finds it difficult to get their legislation through the Seanad, if the Seanad shows itself unreasonable, well they can resort to a general election! That is hardly consistent with the repeated cry from the Government benches that the Initiative and the Referendum mean expense to the country. Coming from Deputy Tierney that is a remarkable statement. Yet that was his statement this morning on this very question.

Again, I think it would be admitted that the Seanad is not a very popular institution in the country, and I wonder has the Government considered if this is the way to make it popular, since they are so anxious to preserve and establish the Seanad. When it gets out through the country that the Seanad has this power, a power everybody must admit that is the maximum that can be given to such an assembly, will that make it more popular? When the country realises that a body like that that has been chosen over their heads, a body that has not been at all events directly chosen by them, a body which represents interests that are to a great number of the people positively loathsome, has that power, will that tend to make the Seanad popular in the country? Of course that might be putting in a plea for the Seanad that does not come very appropriately from these benches, but it seems to me that this Bill may well prove a boomerang, and I can imagine nothing more calculated to make an audience in the country indignant and really angry than to be told that if you demand a certain thing at the coming General Election, and if you elect representatives to bring about a certain reform, you have no likelihood of getting that reform within a reasonable time. Another House, with the election of which you had nothing to do, a House that is there in spite of you, is going to see that that reform does not take place for a full twenty months.

Altogether I think that the Bill is as uncalled for as any Bill could be at the present time, considering the many reforms that cry aloud for attention by this House. Considering how little real legislation has been carried through during this session of the Dáil, how little useful legislation there has been, it would have been, on the whole, a great deal better if the final weeks of this session had been spent on work that is more in demand and in a way that is more likely to lead to good results than this Bill is. This Bill may very well create a bitter feeling in the country between two sections. It may create a bitter feeling against this Dáil when the effect of it is realised, and to my mind those who talk about the will of the people are showing very bad judgment when they are forcing a Bill like this through at the present time. Every Government takes into account what the feeling of its Opposition is. It endeavours to come towards a compromise at least with the main demands of that Opposition. In this case the Government says: "Opposition or no Opposition, we will go in whatever direction we like," and instead of coming to yield a little to the demands of the Opposition and to the similar demands that are expressed in the country, they go in an absolutely contrary direction.

I do not feel that there is very much more that one can say on this subject than to protest against the passage of the Bill through this House, and to ask the House to realise that in a country like this freedom will broaden sufficiently slowly down in the ordinary way without instituting artificial barriers and making the pace so much slower than it would naturally be. It would be naturally slow enough in a country composed largely of peasantry. It would be slower here than in any other country. When we realise that, and when we realise that there is a great demand for reform in the country at the same time, it seems to me that a more unnecessary Bill could not be introduced into this House, and I hope as many as think freely on the subject will vote against it.

In the time that is available now——

Only four minutes.

I will try to say what I have to say within that time. Deputy Redmond is, unfortunately, not present now. He indicated that he thought that the time which is allowed by this Bill to the Seanad to hold up legislation is too long, and he said that he would consider the old period of nine months quite enough. If he read the Report of the Committee he would find that that period of nine months was the period that I for one suggested. The amendment which I have down will generally work out to be about the old period. I have put down four months within which the Seanad will have to take action. A period will have to elapse within that year that is allowed, and, as far as my amendment is concerned, a year is given to the Dáil within which it can take action. I presume that any Executive wishing to put through its Bill will naturally seek the simplest course and try, if possible, to meet any objections by the other House. There will be a period for negotiations, and so on, which will use up about two or three months, and then there is a further period of two months, which will give altogether a period of about nine months. I think that Deputy O'Hanlon was of the same opinion, that the period of nine months would be sufficient. I think if we tried to calculate the period that would be allowed by this amendment the House ought to be convinced that that amendment would give, in fact, roughly a period which the Seanad, by the Constitution as it stands, has as the period by which it could delay legislation. We have been told that all this was humbug. As I have said more than once, when I stand up to speak I have always the feeling in the back of my mind that arguments are useless. For instance, I expect that the arguments would be useless in the case of Deputy O'Hanlon, though I pointed out quite clearly that the matter that he suggested could be met. I wonder if it will affect his vote. I hope it will.

My argument was that I preferred your four months to the Government's eighteen months, but I prefer still more nine months.

I pointed out that in fact the four months means nine months. It certainly means six, and if you count the time that the Executive will require in order to carry on negotiations of one kind or another with the Seanad, and also the time necessary for them if they want to prepare public opinion for forcing their measure over the heads of the Seanad, it would in fact work out at about nine months. The only inducement to anybody to speak in this debate is that you get occasionally a remark by Deputy O'Hanlon or a statement like that of Deputy Redmond. One feels that there is then something of reality in it. Otherwise it seems to be a question of wasting time and very little more, that you waste time in talking about this, knowing that anything that is said, no matter how reasonable and no matter how strong the arguments for a certain course, is all in vain. The President —I do not wish to say what my opinion is in many cases on the arguments he puts forward in cases like this—spoke generally about how very unlikely it was that there would be a clash between the two Houses, and yet this very thing is designed to meet that clash. If there was not likely to be a clash, then why was this Bill introduced?

The Deputy was speaking about a clash on every Bill.

No, he was not talking about anything of the kind. My attitude was very clear. It was to meet the possible clash. The history of all Parliaments in which there are two Houses is to the effect that very violent clashes and very violent differences of opinion do occur. They have occurred everywhere, and if you have a second House at all you must have some means of resolving them. This resolves it by making this House finally supreme. But I hold that the Bill gives the Seanad power to hold up legislation here for a period which would in effect bring the efforts of an Executive which did not work with the Seanad to a nullity, and compel it to resort to a general election. If there are arguments against the Referendum and against referring the matter to the people on the grounds of expense, surely there are arguments also against an election.

This is displacing them.

The present position is that the Seanad could hold up a measure for nine months and have a Referendum. Under this Bill it cannot.

The House has agreed on a method of resolving the clash that now seems inevitable. I will give Deputy De Valera a further minute.

I do not think it is really worth while continuing, because I feel certain that it will not impress anybody.

Hear, hear!

I feel certain that nobody is impressed by the argument the President used. Everybody saw it was all nonsense when it was expressed particularly in relation to a Bill of this kind, the very purpose and the soul of which was to make provision against a possible clash. Our objection is that it gives too much power to the Seanad, inasmuch as it compels the Executive to go to the people again. That ought not to be. An Executive that has been newly elected by the people, and that has confidence for its programme, ought not to be so compelled by a nominated House. It is quite a different matter if some new question arises in connection with which the representatives of the people who were participating in the election know full well that a certain aspect was not presented to the people, and they have the feeling that it should be referred to the people as a single issue by way of Referendum. That would be a fair way. The Seanad would not dream of trying a Referendum against an Executive like that. The only case where the Executive might leave the Referendum to the Seanad is where it thinks the Seanad would work in favour of its own policy, the policy that we can come into the trap as much as we like and surrender as much of our rights as possible, and that there must not be any opportunity of trying to recover these rights.

It being now 6.55 p.m., and the period prescribed by the Order of the Dáil of the 20th June having expired, the Chairman proceeded to put forthwith the questions necessary to bring to a conclusion the proceedings in Committee.

Question put: "That the word `eighteen' stand."
The Committee divided: Tá, 56; Níl, 41.

  • Ernest Henry Alton.
  • James Walter Beckett.
  • George Cecil Bennett.
  • Ernest Blythe.
  • Séamus A. Bourke.
  • Seán Brodrick.
  • Alfred Byrne.
  • John Joseph Byrne.
  • John James Cole.
  • Barry M. Egan.
  • Osmond Thomas Grattan Esmonde.
  • Desmond Fitzgerald.
  • James Fitzgerald-Kenney.
  • Denis J. Gorey.
  • Alexander Haslett.
  • Michael R. Heffernan.
  • Michael Joseph Hennessy.
  • Thomas Hennessy.
  • Mark Henry.
  • Patrick Hogan (Galway).
  • Richard Holohan.
  • Michael Jordan.
  • Patrick Michael Kelly.
  • Myles Keogh.
  • Hugh Alexander Law.
  • Patrick Leonard.
  • Finian Lynch.
  • Arthur Patrick Mathews.
  • Mrs. Margaret Collins-O'Driscoll.
  • Martin Conlon.
  • Michael P. Connolly.
  • Bryan Ricco Cooper.
  • William T. Cosgrave.
  • James Crowley.
  • Eugene Doherty.
  • James N. Dolan.
  • Edmund John Duggan.
  • Joseph W. Mongan.
  • Richard Mulcahy.
  • James E. Murphy.
  • John Thomas Nolan.
  • Bartholomew O'Connor.
  • Timothy Joseph O'Donovan.
  • Daniel O'Leary.
  • Dermot Gun O'Mahony.
  • John J. O'Reilly.
  • Gearoid O'Sullivan.
  • John Marcus O'Sullivan.
  • Patrick Reynolds.
  • Vincent Rice.
  • Martin Roddy.
  • William Edward Thrift.
  • Michael Tierney.
  • Daniel Vaughan.
  • Vincent Joseph White
  • George Wolfe.

Níl

  • Frank Aiken.
  • Denis Allen.
  • Richard Anthony.
  • Gerald Boland.
  • Seán Brady.
  • Robert Briscoe.
  • Daniel Buckley.
  • Frank Carney.
  • Michael Clery.
  • James Colbert.
  • Eamon Cooney.
  • William Davin.
  • Thomas Derrig.
  • Eamon de Valera.
  • Frank Fahy.
  • Hugo Flinn.
  • Andrew Fogarty.
  • Patrick J. Gorry.
  • John Goulding.
  • Patrick Hogan (Clare).
  • Patrick Houlihan.
  • Mark Killilea.
  • Michael Kilroy.
  • Seán F. Lemass.
  • Patrick John Little.
  • Thomas McEllistrim.
  • Seán MacEntee.
  • Séamus Moore.
  • Daniel Morrissey.
  • Thomas J. O'Connell.
  • Patrick Joseph O'Dowd.
  • John F. O'Hanlon.
  • William O'Leary.
  • Matthew O'Reilly.
  • Thomas O'Reilly.
  • William Archer Dedmond.
  • James Ryan.
  • Martin Sexton.
  • Patrick Smith.
  • John Tubridy.
  • Francis C. Ward.
Tellers:—Tá: Deputies Duggan and M. Conlon. Níl: Deputies G. Boland and Allen.
Question declared carried.
Question put: "That Section 2 stand part of the Bill."
The Committee divided: Tá, 57; Níl, 41.

  • Ernest Henry Alton.
  • James Walter Beckett.
  • George Cecil Bennett.
  • Ernest Blythe.
  • Séamus A. Bourke.
  • Seán Brodrick.
  • Alfred Byrne.
  • John Joseph Byrne.
  • John James Cole.
  • Mrs. Margaret Collins-O'Driscoll.
  • Martin Conlon.
  • Michael P. Connolly.
  • Bryan Ricco Cooper.
  • William T. Cosgrave.
  • James Crowley.
  • Eugene Doherty.
  • James N. Dolan.
  • Edmund John Duggan.
  • Barry M. Egan.
  • Joseph W. Mongan.
  • Richard Mulcahy.
  • James E. Murphy.
  • John Thomas Nolan.
  • Bartholomew O'Connor.
  • Timothy Joseph O'Donovan.
  • Daniel O'Leary.
  • Dermot Gun O'Mahony.
  • John J. O'Reilly.
  • Gearoid O'Sullivan.
  • Osmond Thomas Grattan Esmonde.
  • Desmond Fitzgerald.
  • James Fitzgerald-Kenney.
  • Denis J. Gorey.
  • Alexander Haslett.
  • Michael R. Heffernan.
  • Michael Joseph Hennessy.
  • Thomas Hennessy.
  • Mark Henry.
  • Patrick Hogan (Galway).
  • Richard Holohan.
  • Michael Jordan.
  • Patrick Michael Kelly.
  • Myles Keogh.
  • Hugh Alexander Law.
  • Patrick Leonard.
  • Finian Lynch.
  • Arthur Patrick Mathews.
  • Patrick McGilligan.
  • John Marcus O'Sullivan.
  • Patrick Reynolds.
  • Vincent Rice.
  • Martin Roddy.
  • William Edward Thrift.
  • Michael Tierney.
  • Daniel Vaughan.
  • Vincent Joseph White.
  • George Wolfe.

Níl

  • Frank Aiken.
  • Denis Allen.
  • Richard Anthony.
  • Gerald Boland.
  • Seán Brady.
  • Robert Briscoe.
  • Daniel Buckley.
  • Frank Carney.
  • Michael Clery.
  • James Colbert.
  • Eamon Cooney.
  • William Davin.
  • Thomas Derrig.
  • Eamon de Valera.
  • Frank Fahy.
  • Hugo Flinn.
  • Andrew Fogarty.
  • Patrick J. Gorry.
  • John Goulding.
  • Patrick Hogan (Clare).
  • Patrick Houlihan.
  • Mark Killilea.
  • Michael Kilroy.
  • Seán F. Lemass.
  • Patrick John Little.
  • Thomas McEllistrim.
  • Seán MacEntee.
  • Séamus Moore.
  • Daniel Morrissey.
  • Thomas J. O'Connell.
  • Patrick Joseph O'Dowd.
  • John F. O'Hanlon.
  • William O'Leary.
  • Matthew O'Reilly.
  • Thomas O'Reilly.
  • William Archer Redmond.
  • James Ryan.
  • Martin Sexton.
  • Patrick Smith.
  • John Tubridv.
  • Francis C. Ward.
Tellers:—Ta: Deputies Duggan and M. Conlon. Níl: Deputies G. Boland and Allen.
Question declared carried.
Question put: "That Section 3 stand part of the Bill."
The Committee divided: Tá, 56; Níl, 39.

  • Ernest Henry Alton.
  • James Walter Beckett.
  • George Cecil Bennett.
  • Ernest Blythe.
  • Séamus A. Bourke.
  • Seán Brodrick.
  • Alfred Byrne.
  • John Joseph Byrne.
  • John James Cole.
  • Mrs. Margaret Collins-O'Driscoll.
  • Martin Conlon.
  • Michael P. Connolly.
  • Bryan Ricco Cooper.
  • William T. Cosgrave.
  • James Crowley.
  • Eugene Doherty.
  • James N. Dolan.
  • Edmund John Duggan.
  • Barry M. Egan.
  • Osmond Thomas Grattan Esmonde.
  • Desmond Fitzgerald.
  • James Fitzgerald-Kenney.
  • Denis J. Gorey.
  • Alexander Haslett.
  • Michael R. Heffernan.
  • Michael Joseph Hennessy.
  • Thomas Hennessy.
  • Mark Henry.
  • Richard Holohan.
  • Michael Jordan.
  • Patrick Michael Kelly.
  • Myles Keogh.
  • Hugh Alexander Law.
  • Patrick Leonard.
  • Finian Lynch.
  • Arthur Patrick Mathews.
  • Patrick McGilligan.
  • Joseph W. Mongan.
  • Richard Mulcahy.
  • James E. Murphy.
  • John Thomas Nolan.
  • Bartholomew O'Connor.
  • Timothy Joseph O'Donovan.
  • Daniel O'Leary.
  • Dermot Gun O'Mahony.
  • John J. O'Reilly.
  • Gearoid O'Sullivan.
  • John Marcus O'Sullivan.
  • Patrick Reynolds.
  • Vincent Rice.
  • Martin Roddy.
  • William Edward Thrift.
  • Michael Tierney.
  • Daniel Vaughan.
  • Vincent Joseph White.
  • George Wolfe.

Níl

  • Frank Aiken.
  • Denis Allen.
  • Richard Anthony.
  • Gerald Boland.
  • Seán Brady.
  • Robert Briscoe.
  • Daniel Buckley.
  • Frank Carney.
  • Michael Clery.
  • James Colbert.
  • Eamon Cooney.
  • William Davin.
  • Thomas Derrig.
  • Eamon de Valera.
  • Frank Fahy.
  • Hugo Flinn.
  • Andrew Fogarty.
  • Patrick J. Gorry.
  • John Goulding.
  • Patrick Hogan (Clare).
  • Patrick Houlihan.
  • Mark Killilea.
  • Michael Kilroy.
  • Seán F. Lemass.
  • Patrick John Little.
  • Thomas McEllistrim.
  • Seán MacEntee.
  • Séamus Moore.
  • Thomas J. O'Connell.
  • Patrick Joseph O'Dowd.
  • John F. O'Hanlon.
  • William O'Leary.
  • Matthew O'Reilly.
  • Thomas O'Reilly.
  • James Ryan.
  • Martin Sexton.
  • Patrick Smith.
  • John Tubridy.
  • Francis C. Ward.
Tellers:—Tá: Deputies Duggan and M. Conlon. Níl: Deputies G. Boland and Allen.
Question declared carried.
Question put: "That the Title stand part of the Bill."
The Committee divided: Tá, 57; Níl, 39.

  • Ernest Henry Alton.
  • James Walter Beckett.
  • George Cecil Bennett.
  • Ernest Blythe.
  • Séamus A. Bourke.
  • Seán Brodrick.
  • Alfred Byrne.
  • John Joseph Byrne.
  • John James Cole.
  • Mrs. Margaret Collins-O'Driscoll.
  • Martin Conlon.
  • Michael P. Connolly.
  • Bryan Ricco Cooper.
  • William T. Cosgrave.
  • James Crowley.
  • Eugene Doherty.
  • James N. Dolan.
  • Edmund John Duggan.
  • Barry M. Egan.
  • Osmond Thomas Grattan Esmonde.
  • Desmond Fitzgerald.
  • James Fitzgerald-Kenney.
  • Denis J. Gorey.
  • Alexander Haslett.
  • Michael R. Heffernan.
  • Michael Joseph Hennessy.
  • Thomas Hennessy.
  • Mark Henry.
  • Patrick Hogan (Galway).
  • Richard Holohan.
  • Michael Jordan.
  • Patrick Michael Kelly.
  • Myles Keogh.
  • Hugh Alexander Law.
  • Patrick Leonard.
  • Finian Lynch.
  • Arthur Patrick Mathews.
  • Patrick McGilligan.
  • Joseph W. Mongan.
  • Richard Mulcahy.
  • James E. Murphy.
  • John Thomas Nolan.
  • Bartholomew O'Connor.
  • Timothy Joseph O'Donovan.
  • Daniel O'Leary.
  • Dermot Gun O'Mahony.
  • John J. O'Reilly.
  • Gearoid O'Sullivan.
  • John Marcus O'Sullivan.
  • Patrick Reynolds.
  • Vincent Rice.
  • Martin Roddy.
  • William Edward Thrift.
  • Michael Tierney.
  • Daniel Vaughan.
  • Vincent Joseph White.
  • George Wolfe.

Níl

  • Frank Aiken.
  • Denis Allen.
  • Richard Anthony.
  • Gerald Boland.
  • Seán Brady.
  • Robert Briscoe.
  • Daniel Buckley.
  • Frank Carney.
  • Michael Clery.
  • James Colbert.
  • Patrick Houlihan.
  • Mark Killilea.
  • Michael Kilroy.
  • Seán F. Lemass.
  • Patrick John Little.
  • Thomas McEllistrim.
  • Seán MacEntee.
  • Séamus Moore.
  • Thomas J. O'Connell.
  • Patrick Joseph O'Dowd.
  • Eamon Cooney.
  • William Davin.
  • Thomas Derrig.
  • Eamon de Valera.
  • Frank Fahy.
  • Hugo Flinn.
  • Andrew Fogarty.
  • Patricy J. Gorry.
  • John Goulding.
  • Patrick Hogan (Clare).
  • John F. O'Hanlon.
  • William O'Leary.
  • Matthew O'Reilly.
  • Thomas O'Reilly.
  • James Ryan.
  • Martin Sexton.
  • Patrick Smith.
  • John Tubridy.
  • Francis C. Ward.
Tellers:—Tá: Deputies Duggan and M. Conlon. Níl: Deputies G. Boland and Allen.
Question declared carried.
Bill reported without amendment.
Report Stage ordered for Wednesday, 4th July.
Barr
Roinn