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Dáil Éireann díospóireacht -
Wednesday, 5 Mar 1930

Vol. 33 No. 10

Acceptance of Closure Motion—Action of Ceann Comhairle.

I propose:—

That the Dáil is of opinion that the action of the Ceann Comhairle in accepting the motion to closure the debate on the Second Reading of the Local Government (Dublin) Bill, 1929, was partisan and an infringement of the rights of the minority.

It was stated by the Ceann Comhairle on Friday last that "there is a perfectly simple, orderly and straightforward method" of challenging the decision of the Chair. That method we propose to follow in the motion on the Order Paper in my name. In coming to the decision to allow the Minister for Finance to move "That the question be now put" in reference to the Greater Dublin Bill, the Ceann Comhairle stated:—

This is the third day of the debate, and looking at the course of the debate and the number of Deputies who have spoken for or against, the Chair could not refuse to accept that claim, and, therefore, I am accepting the claim of the Minister.

The decision was based on Standing Order No. 52, which states:—

After a question ... has been proposed from the Chair either in the Dáil, or in a Committee of the whole Dáil, a Deputy may claim to move, "That the question be now put," and unless it shall appear to the Ceann Comhairle that such a motion is an infringement of the rights of a minority, or that the question has not been adequately discussed, or that the motion is otherwise an abuse of the Standing Orders, the question "That the question be now put" shall be put forthwith, and decided without amendment or debate.

I hope to show the House that, looking at the course of the debate and at the number of Deputies who had spoken for or against the Bill, it was partisan to allow the motion for the closure to be taken, that the rights of the minority were not respected, that the question had not been adequately discussed, and that, in other ways, to allow the motion was an abuse of the privileges of the House. Now, there are many ways of looking at a discussion and at the number of people who have spoken on any matter, such as the importance of the Bill in question, whether it was of a political nature or was a non-party Bill, and the rights of the minority in connection with it. As regards the importance of the Bill in this case, it affects Greater Dublin, and one-eighth of the people of this State, let us say, are resident in Greater Dublin, so that the local government of one-eighth of the people of this State was in question. It was an important matter, for principles rather new, which had been tried as an experiment, and which, we maintain, had failed in one particular city, were now to be applied to the greater City of Dublin. The fullest possible discussion should have been allowed to anybody who had anything to contribute to such a debate or any enlightenment to give on the subject.

The Ceann Comhairle referred to the number of Deputies who had spoken. I believe that the number of Deputies who had spoken was twenty. Let us take a few other Bills not of such great importance, not so vital to this city and to the State, and see the number who spoke on them. The Greater Dublin Bill contains ninety-two sections. On it twenty Deputies had spoken—nine from Cumann na nGaedheal, six from Fianna Fáil, two from Labour, and three Independents—twenty on a Bill of ninety-two sections.

Twenty-one, to be correct.

Twenty-one. Now let us take the Censorship Bill, more or less an agreed measure. Some amendments were proposed, but the whole House was in favour of a Censorship Bill and all Deputies were agreed on its main principles—and still no objection was raised when there were twenty-seven speakers on it, a Bill of twenty sections. Take the Game Preservation Bill, which was not of vital importance to the Constitution, peace or good order of this State. On that, a Bill of thirty-three sections, twenty-five Deputies spoke. So that on practically agreed measures you have had twenty-seven Deputies speaking on a Bill of twenty sections and twenty-five on a Bill of thirty-three sections; but twenty-one Deputies, according to the Ceann Comhairle, was a quite sufficient number to speak on a Bill of ninety-two sections dealing with local government, advocating new principles, and affecting one-eighth of the citizens of this State.

Will the Deputy quote the Ceann Comhairle as having said that?

I find in column 1226 of the Official Report:

"This is the third day of the debate, and looking at the course of the debate and the number of Deputies who have spoken for or against, the Chair could not refuse to accept that claim, and, therefore, I am accepting the claim of the Minister."

The Deputy, I think, said that the Ceann Comhairle had observed that a sufficient number of Deputies had spoken. I do not find that in what the Deputy has quoted.

When the Ceann Comhairle looks at the number of Deputies who have spoken for or against and allows the closure to be moved, I can only interpret that as agreement on his part that sufficient Deputies have spoken. That is my interpretation of it, and I should like to be corrected if my interpretation is wrong. Apart from the closure being moved after twenty-one Deputies had spoken, there is another aspect of the case to which I would like to draw the attention of the House. As we all know, accommodation is frequently found in the Committee of Privileges as to arranging the time of the House, and very frequently the Whips meet and discuss that. On that particular day the President intimated the intention of the Government to take Private Deputies' time, and no suggestion was made by the President that there was any necessity or intention to force a division on the Greater Dublin Bill on that day. Deputy Lemass objected to taking Private Deputies' time and stated that there were so many Deputies who had intimated their intention to speak on the Bill that in any case the discussion could not be concluded on Friday. The President said he hoped that it would, but still no intimation was given that he intended to force a division on Friday by moving the closure. That was contrary to usual procedure. It is usual for the President or some member of the Government front bench to intimate when they intend to take a division on a measure of that nature, particularly when it is not, or should not be a Party measure. No intimation was given to the Whips; not a word was mentioned at the Committee of Privileges. Apart from that, what was the urgency? What was the cause of the precipitancy or the great haste—the indecent haste—with which the measure was rushed through on that day? What was the urgency. All Deputies knew that a few days before that this House had to adjourn for want of business, and if they look at the business on the Order Paper for Friday last, or even the Order Paper for to-day, I ask what is there of an urgent nature on it? What is there on it that could not wait for another week, or another fortnight, without any loss to the Government, or any terrible disaster happening to this House or the country?

Has not the Deputy left the Ceann Comhairle now to discuss another point? The motion concerns the Ceann Comhairle. The Deputy appears to be discussing a different issue.

The point I am making is this: I can quite conceive that the Ceann Comhairle has to safeguard the rights of the majority and the Government, as well as the rights of the minority, that in certain circumstances the Government is entitled to have certain business concluded within a certain time in order to facilitate them in carrying out measures which they think should be passed. But on this particular occasion there was no need to protect the Government in that regard or to safeguard the rights of the majority, as there was no urgency about the Bill. I could quite conceive the Ceann Comhairle being justified in allowing the closure if the Government was hard pressed for time towards the end of a session, or even early in a session, if there were Bills on the Paper which had to be passed by a certain date, or if they were waiting for money grants, but in this particular case there was no need whatever to protect the majority, as there was no urgency. That is the point I intended to make. In that case the rights of the minority should have had more regard paid to them, as twenty-one Deputies was not an undue nor a sufficient proportion of the House to have spoken on the Bill. I do not say that I had any brilliant contribution to make to that debate, though I fancy I had a few ideas that might have been helpful. I rose to speak on the Bill, but gave way to a Deputy from Dublin, as I thought Dublin Deputies should get priority. When the closure was taken there were three Dublin Deputies, the interests of whose constituencies were vitally concerned in this matter, who were not given an opportunity to speak.

It is also significant, I think, of the indecent haste with which the closure was granted that although the Minister for Local Government had spent two hours introducing the Bill, had taken copious notes of the objections raised, had asked questions of Deputies when they were speaking—presumably that he might get further elucidation of what was in their minds—with a view to granting or refusing what they required, although officials of the Local Government Department had been taking copious notes, as was their duty, in order to assist the Minister, yet the Minister did not reply to any of these objections. However, I notice that to-day's "Irish Independent" has a placard "The Minister for Local Government replies to the critics of the Greater Dublin Bill." I maintain that this is the place for him to reply, to give Deputies an opportunity of hearing what he has to say, not to pass his legislation at the headquarters of Cumann na nGaedheal, and then come down here with it fixed, move the closure, and make us swallow it.

Are we discussing the Minister for Local Government or the Ceann Comhairle?

Wriggle away.

This motion is directed against the Ceann Comhairle, and against the Ceann Comhairle exclusively. Deputies will remember rulings of mine given frequently in the House, that criticism of a Minister will nearly always bring a Deputy into order. This motion is unique, in that it affords no opportunity whatever of criticism of any Minister. I think if the Deputy and other Deputies desire to continue in order in this debate, they must address themselves entirely to the exercise by the Ceann Comhairle of the powers vested in him under Standing Order 52. A decision of the House taken on the matter is not relevant either; it is beyond criticism.

I bow to your decision, a Chinn Comhairle, and we will let that matter pass. But I do not know if I would be in order in referring to the term used in more than one newspaper, that Fianna Fáil was caught in a ruse of the Government.

I do not think any criticism of Fianna Fáil arises either. What arises is criticism of the Ceann Comhairle, and I think the debate must be directed entirely to the action of the Ceann Comhairle—either to his action or his words relevant to that action.

On that point, Deputy Fahy proposes to show that the ruse would be impossible without the co-operation of the Ceann Comhairle. Would it not be in order? That is what he proposes to do.

It would only be in order if it were proved that the Ceann Comhairle was a party to the ruse.

He proposes to show that, I presume.

I make Deputy Fahy a present of that method of making the point.

On that, apart from the three Deputies from Dublin City or County on these benches, there were other Dublin Deputies who had not spoken. I do not know whether they desired to do so or not. At any rate, after this motion for the closure had been taken the question was raised by Deputy Derrig that a discussion should then be allowed on the Bill itself and the Ceann Comhairle ruled:—

"The Second Reading procedure is of the nature that a motion is made that the Bill be read a Second Time. What is called a reasoned amendment may be moved, and that reasoned amendment, as in this case, generally is a direct negative. It is really a motion proposing to reject the Bill for reasons, and it leads to a discussion not only upon the matter dealt with in the amendment, but on the question of the Bill generally. As was explained from the Chair at the beginning, and as was explained again yesterday, the procedure is that the question is put in the form that the words proposed to be deleted stand. If that question be affirmed, then the main question is put without further debate. There is, therefore, nothing left now but to put the question."

I do not think that that ruling is consistent with the ruling given by the Ceann Comhairle on at least one other occasion. It is contained in column 481 in the debate on the Juries (Protection) Bill on 29th May, 1929, in which, after a motion for the deletion of certain words by Deputy Aiken was before the House and the Minister for Finance moved that the question be now put, it was so put and carried. Yet the Ceann Comhairle, when the Minister for Finance begged to move that the main question be now put, said:

"The Minister is claiming to move that the main question be now put. Except Deputy Aiken, all of those who have spoken so far on the amendment have addressed themselves to the motion and the amendment, but I am not prepared now to accept the motion that the main question be put."

That is exactly what happened the last day. The Deputies had spoken both to the amendment and the main question, and yet the Ceann Comhairle did not allow a discussion on the main question when the motion for the closure was carried.

I will allow the Deputy to make that point, but that seems to be outside the motion too.

I submit it is relevant to what happened here on Friday in connection with the whole closure motion, because Deputies from Dublin, I understand, who desired to speak did not exactly understand what happened on the closure question and were precluded from speaking under the subsequent ruling.

I am loath to interrupt the Deputy, but the motion is on the paper in the exact form in which it was received:

"That the Dáil is of opinion that the action of the Ceann Comhairle in accepting the motion to closure the debate on the Second Reading of the Local Government (Dublin) Bill, 1929, was partisan and an infringement of the rights of the minority."

Now, on any construction of that motion, the only question that would appear to arise would be the action of the Ceann Comhairle in accepting the motion to closure the debate; nothing else would arise on it at all.

On that point, the action of the Ceann Comhairle, would the Ceann Comhairle state what his authority was to closure the discussion on the main question if it were a motion that was moved by the Minister for Finance and passed by the House?

That is not relevant to this point. The only question raised here is the action of the Ceann Comhairle in accepting from the Minister a motion that the question be now put. If there be any other sins of the Ceann Comhairle they are of a different nature to this particular sin now under discussion.

May I point out to you that the wording of that resolution is not accepting a motion to closure the amendment? It is a motion to closure the Second Reading, which includes the very thing under discussion.

But what is under discussion is the action of the Ceann Comhairle in accepting the motion, not any subsequent action of the Ceann Comhairle.

Surely the whole conduct is one action in dealing not merely with the amendment, but with the Second Reading. The closure affected the whole Second Reading, not merely the amendment.

That is the point I wish to submit. This amendment not only deals merely with the act of acceptance, but all the consequences arising out of that action that constitutes the conduct complained of in the motion. Therefore, it is relevant to discuss the consequences of your accepting the motion.

The Ceann Comhairle under Standing Order 52 has a certain duty imposed on him to give a decision when a claim is made that the question be now put. When the Ceann Comhairle has given that decision the motion is submitted to the House, and any further decisions are made by the House and not by the Ceann Comhairle. For example, it has been stated that the Ceann Comhairle was of opinion that sufficient Deputies had spoken. The Ceann Comhairle expressed no such opinion at all. The Ceann Comhairle merely expressed the opinion that, looking at the list of those who had spoken, it would be right to accept the motion. The Ceann Comhairle is not responsible at all for the action of the House. He is responsible only for his own actions, and he is challenged for accepting the motion that the question be now put. Any other ruling of the Ceann Comhairle, in any other context, subsequent or previous, does not seem to be relevant at all. I let Deputy Fahy make his point, but this motion is altogether confined to the Ceann Comhairle, and the action of the Ceann Comhairle himself is confined in the House, at any time, to very narrow limits.

On the particular point that Deputy Fahy was on, you say that no other ruling of the Ceann Comhairle can be discussed, either before or subsequent. Now the action is described in the motion here as "partisan." In order to prove that it is partisan, would it not be relevant to cite one or two similar cases, that the House would agree would be on all fours, to show that a different procedure was adopted by the Ceann Comhairle from what was adopted on Friday in order to demonstrate, as far as it can be demonstrated, that the action was partisan. I submit it would be in order to quote one or two similar, analogous cases where a different procedure was adopted by the Ceann Comhairle.

I do not know whether or not the Deputy heard what I said. The Deputy's point is that he wishes to criticise this particular action of the Ceann Comhairle by contrasting it with other actions of the Ceann Comhairle which he does not propose to criticise.

That would be in order.

That is the point I understood Deputy Fahy was on.

Deputy Fahy was on another point altogether. Deputy Fahy was not on the point of accepting a motion that the question be now put.

I was on the result of the acceptance of such a motion because I concluded that references to the consequences of that action would be justified as the act contained, within itself, legally, its consequences.

With regard to the number of speakers I maintain that it is the duty of the Ceann Comhairle to protect the minority and that the rights of the minority were not protected in the Ceann Comhairle having accepted the motion for the closure. Considering the importance of the Bill, the number who had spoken and the duty of the Ceann Comhairle to protect the minority, I move, that in the opinion of this Dáil, the action of the Ceann Comhairle in accepting the motion to closure the debate on the Second Reading of the Local Government (Dublin) Bill, 1929, was partisan and an infringement of the rights of the minority.

I second the motion.

This motion of censure, a Chinn Comhairle, is based, in my opinion, upon a complete misunderstanding of the powers and duties of the Ceann Comhairle. The Dáil meets for the transaction of public business and the Ceann Comhairle is appointed to preside over the debates and to secure that they are conducted in a peaceful and orderly manner, but he has also the duty of seeing that the business of the House is done. If Deputies are interested in the conduct of public business in other places, I would advise them to look up the debates of the Parliament of the Union of South Africa and read what General Hertzog has to say upon the various duties devolving upon the Chairman of the Assembly. I think they will find that they are in much the same position in connection with this matter as those who criticised the Chairman in that Parliament.

This House has to get through a large volume of business and it is itself the judge of the procedure as to what regulations should be laid down in respect of the conduct of that business. Amongst the various regulations, there is provision for the Closure. As to that particular method of concluding business, it would appear as if it were something that should not be used, if we were to take at their face value the statements that have been made by Deputy Fahy and the various comments by other members of his Party. That is not so. Even if there were no provision for the Closure at all under the Standing Orders, it is fairly obvious that some method would have to be found by the chairman of any deliberative Assembly in order to bring matters to a close. The Standing Orders are there for the guidance of the Ceann Comhairle and for the information of the House, but they are not necessarily the only possible means of conducting business. It would not follow, as a matter of fact, if there were no Standing Orders to deal with a special situation that the House and the Ceann Comhairle would be unable to get through with the business. To take the particular case in question, as made by Deputy Fahy, he seems to try to harness together the Government and the Ceann Comhairle. They are two independent bodies, one of the other.

The Government and each member of it is as much under control of the Ceann Comhairle as any other member of the House. He is perfectly independent in the discharge of the functions of his office, and upon him rests the responsibility of conducting the business of the House here.

I was rather surprised when Deputy Fahy, dealing with the business of last week, said that twenty-one members had spoken on this Bill, an important Bill, and that the Ceann Comhairle had stated that twenty-one was quite enough. He went on to say that that was his interpretation of the Ceann Comhairle's decision. What does the Standing Order provide? The Standing Order prescribes that the motion shall be put unless it shall appear to the Ceann Comhairle that such a motion is an infringement of the rights of a minority, or that the question has not been adequately discussed, or that the motion is otherwise an abuse of Standing Orders. What is the motion? The motion confines itself to the statement that the acceptance of the closure motion was partisan and an infringement of the rights of the minority. Apparently, Deputy Fahy had made up his mind that he could not base a case against the Ceann Comhairle on the ground that the matter had not been adequately discussed. Apparently he had made up his mind on that, bearing in mind that three members of his Party had occupied an hour and seventeen minutes; an hour and thirty-two minutes; an hour and forty-two minutes.

We had something to say.

Well, it took them a long time to say it.

How long did it take you——

Thirty - five minutes.

——to read the Bill, or did you read it at all?

I am not under discussion on this motion. The Deputy is not entitled to utter a single word of criticism of me or of my Government on this motion. The Deputy must confine himself to the Ceann Comhairle.

[Mr. Lemass rose.]

The President is not entitled to criticise Deputies who spoke on the motion.

I was about to put that point.

I was not doing it. I may have misled Deputies into assuming that I was. I was simply pointing out that on Deputy Fahy's interpretation of what the Ceann Comhairle decided he could not base his motion on the ground that the matter had not been adequately discussed.

How long did it take Deputy J.J. Byrne to say something against the Bill which he voted for afterwards?

Deputy J.J. Byrne is not before the House on this motion.

He should be.

On the point we are at now we are confined to two matters: (1) that the action was partisan, and (2) that it was an infringement of the rights of the minority. Obviously, there is no case in respect of its not being adequately discussed. As regards the question of the infringement of the rights of a minority, I presume the minority in this case is to be taken as constituting the persons who voted against the measure or who spoke against it. There were twelve of them, and they occupied nine hours and forty minutes.

And two of the twelve refrained from voting, Deputies Good and Murphy.

That is another question. It has nothing to do with this.

They did not get the chance to vote.

Is Deputy Byrne included in the twelve?

He is not. I took possession of him. That is the case. After nine hours thirty-six minutes are occupied by the minority, the acceptance of the Closure, according to this motion, was an infringement of the rights of the minority. The acceptance of the Closure is one of the duties of the Ceann Comhairle, assuming for the moment that he takes into consideration the provisions in respect of the Standing Order. We were not told by Deputy Fahy, in moving this motion, what rights and what sections of the minority had been interfered with by the acceptance of the motion. There are two points: (1) the acceptance of the motion; (2) the decision of the House. A week of Parliamentary time was occupied by this measure. If Deputies will make it up, they will find that Government time in a Parliamentary week amounts to about 14 ½ hours. This measure occupied 14 3/4 hours. On the morning of the conclusion of this debate I indicated to the House—I believe to Deputy Lemass's dissatisfaction—the fact that I was taking Private Members' time, and that I hoped that the debate would be concluded that day. Deputies will observe the marked courtesy that I extend to the House on all occasions. I couched my language in such a way that it would be most acceptable to all members of the House.

And unintelligible.

And my hopes in respect of the conclusion of the debate were realised. I do not know whether it is in order to mention it, but a good deal of point was made on Friday that the Ceann Comhairle was made aware of the fact that the closure was going to be moved.

That is one of the courtesies which I invariably extend to the Ceann Comhairle, and I commend other members of the House also to extend it, to give due and proper notice in respect of any matter which is going to be raised. In the first instance, the Closure Motion could not have been moved unless the Ceann Comhairle were in the Chair. The Leas-Cheann Comhairle is not entitled under Standing Orders to accept a motion for the closure. Only on a specific occasion would the Leas-Cheann Comhairle be entitled to receive a motion for the closure, that is, on the House being made aware of the fact that the Ceann Comhairle was not coming into the Dáil on a particular day. The Dáil has then to appoint a Ceann Comhairle who can act with all the powers of the Ceann Comhairle but in no other instance. This closure is one of the provisions of the Standing Orders. It was moved, I think, at least on 23 occasions in 1928. Deputies opposite were not long in the House then. Last year it was moved on fewer occasions. On six occasions in 1928 it was refused, and I think it was refused last year on about five occasions. One thing that would have appeared to me as denoting the fact that certain members wished to speak would have been a larger attendance on the final day of the debate. There was not a large attendance.

I take it that these are all relevant points.

I do not think that that is relevant at all.

Oh! I see.

You ought to say something about the daily paper now.

Taking it on the question of form, twice there have been objections to what I have said. How many times have there been objections to the other side? The main concern of the Ceann Comhairle in connection with the Closure Motion is to see that the minority is not gagged. I submit that, having had nine hours and thirty-six minutes devoted to opposition to this Bill, and five hours and seven minutes to its support, there does not appear to be a case made in regard to the gagging of the minority. The point made by Deputy Fahy in connection with the Closure Motion being refused on another occasion has no bearing on this. This is Second Reading. Many more speakers could have spoken if some of the speeches during the nine hours' debate were made in tabloid form and delivered in a much shorter time. There was ample time within a whole week given to Second Reading. The decision taken was not a decision of the Ceann Comhairle. The Ceann Comhairle has just as many obligations to the majority of the House as he has to the minority. If the majority in the House wish to take a decision it is obvious that the Ceann Comhairle has very little option, granted that the rights of the minority have not been interfered with, and Deputy Fahy certainly has made no case that they were interfered with in this particular instance.

I think it is right that I should bring to the notice of the House the fact that this motion merely asks Deputies to declare that the action of the Ceann Comhairle in accepting the motion to closure the debate on the Greater Dublin Bill was partisan and an infringement on the rights of the minority. The motion does not ask the House to express its disapproval with the action of the Ceann Comhairle or to indicate its opinion in any way.

The President gave us a brief outline of the powers and duties of the Ceann Comhairle. He might have added that the Ceann Comhairle is elected to this House as a member of a political party and that he is elected to the Chair by a political majority in the House. We have no objection to the Ceann Comhairle acting as a partisan or infringing the rights of the minority, provided that such action is not taken under the cloak of impartiality. If it is to be fairly understood that a member of a political party, elected to the Chair by a political vote, can utilise the power given to him while in that Chair for the purpose of helping the political party of which he is or was a member, then we will be able to conduct the business here with a closer relation to realities than we have been doing heretofore.

We have no objection to the closure. If the business of the House is being deliberately obstructed it is a useful thing to have the machinery of the closure to prevent that obstruction taking place. It cannot be said, however, that the business of the House was being obstructed by any speaker on the Opposition side in the debate on the Local Government (Dublin) Bill. The only speaker, indeed, in that debate who was consistently irrelevant was the President. That point, however, is perhaps out of order and I may not be at liberty to develop it, but if I might enlarge on it it would be to say that the Ceann Comhairle's ruling on Wednesday——

That has nothing to do with this, but I will allow the Deputy to go on.

The Ceann Comhairle ruled on Wednesday that any speaker attempting to review the work done in Dublin by the City Commissioners was out of order. The President talked about practically nothing else, but he was not ruled out. I invited him and I appealed to him to speak about the Bill, but he would not do so, and insisted on speaking about the decline of the death rate in consequence of the City Commissioners' activities.

I think that Deputy Lemass is confusing the City Commissioners with the question of main drainage. Perhaps he would come back to the Ceann Comhairle.

Any speaker, advocating the passing of this motion by the House, must prove in the first instance that the Ceann Comhairle was influenced by partisan motives in accepting the Closure Motion and secondly, that in doing so, he infringed the rights of the minority. Who constituted the minority is a moot point. The President makes us a gift of certain Deputies who spoke against the Bill, but who were not here to vote either against it or for it. We decline the gifts. The President can keep his allies. We fear the Greeks even with gifts in their hands. It is, I think, well known that the Government trick to get a majority on the motion for the Second Reading of the Greater Dublin Bill succeeded in consequence of the fact that the closure was moved and accepted by the Chair. The members of the Government Party in the House, and other Deputies, had received some inkling of the fact that the motion was going to be moved before, in fact, it was moved, and there was a general feeling of elation amongst Government supporters because they felt that once the motion was moved its acceptance by the Chair would be automatic and that, consequently, the passage of the Bill was assured.

The only reason why the debate on the Bill was stopped was because it suited the interests of the Cumann na nGaedheal Party Whips. There was no other reason for terminating the discussion. As Deputy Fahy pointed out, the matter was not urgent. The subject is one of great importance and the Minister should have been given an opportunity of replying to the criticisms directed against the Bill here in the face of his critics and not in the sheltered atmosphere of the Shelbourne Hotel.

There is plenty of time.

The closure motion was moved at 1.30, half an hour before the adjournment was due. Deputy Briscoe was the last speaker. When he rose to speak he did not rise alone. Other Deputies at that time also intimated that they desired to speak on the Bill. It was consequently accepted that the discussion could not possibly be terminated on that day and undoubtedly some Deputies went home. That fact so delighted the Minister for Justice that he ran down to Castlebar and announced to his constituents that Fianna Fáil was on the run.

That was relevant at Castlebar.

Of course Cumann na nGaedheal was here in strength, not to answer criticisms of the Bill, but to vote when the Closure Motion had been moved and accepted as arranged. We have been told that the Bill was adequately discussed. Is there any Deputy here who thinks that the Bill was adequately discussed in the few hours—the sixteen or seventeen hours—that was allocated to it? The Bill has been under consideration by the Government for three and a half years, and they expect Deputies to discuss it adequately in sixteen hours. They expect those opposed to the Bill to discuss it in nine hours. Apparently the Ceann Comhairle agreed with that view, as is shown by the acceptance of the closure motion. Apparently in the opinion of the Government and of the Ceann Comhairle a Bill to regulate the future government of the capital is of less importance than a Bill to preserve wild birds—the Game Preservation Bill. As Deputy Fahy pointed out, twenty-five speakers participated in the Second Reading debate on the Game Preservation Bill.

How long did they speak?

They spoke as long as they had anything to say about it presumably. As I said to the President by way of interruption while he was on his feet, the reason why those opposing the Bill took more time than those supporting it was because they had more to say. Those defending it had nothing to say. They talked about irrelevancies, about Boston and everything else in the world except about the Bill. If there was a case for a closure of the discussion it was on the ground that the Cumann na nGaedheal Deputies were obstructing it. I think it was unfair for the Ceann Comhairle to have prevented the discussion taking its normal course. I think it was unwise for the Government.

Would the Deputy explain what he means by saying that the Ceann Comhairle prevented the discussion taking its normal course?

I think it is quite obvious that the Closure Motion cannot be put to the House unless it is accepted by the Ceann Comhairle. I know what the defence of the Ceann Comhairle is likely to be.

The Ceann Comhairle has no defence to offer to the House at all.

I know that.

The Deputy must be aware that the debate was concluded by a decision of the House, and not by a decision of the Ceann Comhairle.

That is the particular point I wanted to make clear. The debate was concluded by a decision of the House. The implication is that the Ceann Comhairle was merely the medium by which the proposal of the jack-boot Minister for Finance was submitted to the House. The Ceann Comhairle knows, and every Deputy knows, that in permitting the Closure Motion to be moved he was not asking a decision of the House but a decision of the Cumann na nGaedheal Party. The automatic majority went into action. The Minister saw an opportunity of escaping the necessity of meeting the criticisms that had been advanced against the Bill and consequently the Government Whips were put on and the Closure Motion was carried, but it was not a decision of the House; it was a decision of the Cumann na nGaedheal Party.

Surely the Deputy cannot tell us that when a question is put from the Chair and decided by the House that that is not a decision of the House. It is a decision of the House and surely the Deputy cannot maintain that when a decision is come to after a division, that it cannot be accepted as a decision of the House.

I grant you that is in accordance with the strict theory, but the majority decides and the majority is an organised party. I am not objecting to that. The Ceann Comhairle is supposed by this section to protect the rights of the minority from invasion by the organised party majority. When the Ceann Comhairle accepted the motion from the Vice-President, he knew that the motion was going to be carried. He was not leaving it to the decision of the House; he knew what the determination of the House was going to be, that it was already determined. The Ceann Comhairle, in deciding to accept the motion, in fact closured the discussion. If the Ceann Comhairle was anxious to prevent any infringement of the rights of the minority he would have permitted the discussion on the Bill to have gone its normal course. I believe in doing so he would have saved the time of the House to a much greater extent than has been done through this business of the Closure.

The Cumann na nGaedheal Party took the line throughout the discussion upon the Bill, that this was a non-party measure. I think the Ceann Comhairle should also have taken that fact into consideration. It had been described by the Government Party, and accepted by all Parties, as a non-party measure. The Minister for Local Government when he was defending the Bill to the select audience in the Shelbourne Hotel, said that "the whole subject was open to the fullest and freest discussion by every person and every Party who had an interest in Dublin," but when the Bill was before the Dáil the Minister voted for the Closure. That is his way of ensuring the fullest and freest discussion by every Party and every person interested in Dublin.

I regret that the Ceann Comhairle should have seen fit to have facilitated the application of the gag to this House by accepting the Closure Motion. I think that the House should declare that that action was partisan. I realise that it is very difficult for me to prove what the motives of the Ceann Comhairle were. It would be much more difficult for me to prove that he acted in conjunction with the Cumann na nGaedheal Party Whips, but I do say that the fact that the Cumann na nGaedheal members anticipated his decision was proof that some discussion, at any rate, had taken place beforehand. The Bill was a non-party measure which was not urgent. It was not adequately discussed in relation to its importance. There was no case whatever for accepting the Closure Motion. When he did so he infringed the rights of the minority, and we ask the House to declare that such was the case.

In view, sir, of your very strict ruling with regard to this matter, it is difficult to say very much on the motion before the House. I should like to say that, in my opinion, it is a very serious motion indeed. There are two points that have not been mentioned yet, and which I think are relevant to this motion. On Wednesday, the first day of the debate on the Bill, the Acting-Chairman on the occasion, Deputy Fahy, in indicating the business and the procedure, stated that the Minister would conclude the debate generally and that the question then to be put was such-and-such. Again, you yourself, sir, said on the following day, Thursday, as reported in column 1045 of the Official Report, practically the same thing—that the Minister would conclude the debate generally.

When the Minister for Finance claimed to move the Closure it is our view that it would, in all the circumstances, have been correct for you to have called the attention of the Minister to that fact. This was more or less looked upon as an undertaking, although that word may be too strong in the circumstances, but, in any case, as an indication, that there would be a reply from the Minister towards the end of the debate and that should have been pointed out to the Minister before you gave him permission to move the closure. In so far as that was not done, it is the opinion of the members on these benches that your judgment was wrong, that there was a serious error of judgment.

That is one thing and the motion on the paper is something else. Deputy Lemass stated that the motion did not ask the Dáil to express disapproval of the action of the Ceann Comhairle, or to express any opinion one way or another. I think these were his words; I took them down at the time, I cannot imagine any motion regarding the action of the Ceann Comhairle which could express so strong a disapproval of his action as the motion on the Paper. The word "partisan" is included in this motion and Deputy Lemass stated that it was necessary for anyone who was asking the House to pass this motion to prove that the action was partisan. I have listened carefully to Deputy Fahy and Deputy Lemass and I have studied very carefully the whole matter in connection with the Closure Motion, and I am not prepared to give, and I do not think the House would be justified in giving, a vote expressing the opinion that the action of the Ceann Comhairle in this matter was a partisan action.

I feel that the Government Party must be pleased to see this motion on the Paper, because it is lifting the blame off the shoulders of the leader of the House, on whom this blame should be placed, and putting it on the shoulders of the Ceann Comhairle. Everything that Deputy Fahy and Deputy Lemass have said with regard to the debate and the conduct of the proceedings generally I agree with in the main, but the blame should rest on the leader of the Government in the House and not on the Ceann Comhairle. That is where I think the Fianna Fáil Party are wrong in putting down this motion. It will take the blame off those on whose shoulders it should be put.

If I were free, as I am not according to your ruling, to develop that point, I would show that the blame properly rests on the shoulders of the Government, and that not alone in this particular instance have they disregarded and abused the privileges of the House and showed their utter contempt for Parliament as a whole, but on many other occasions before it. I think this is the wrong way to go about this—to put the blame on the Ceann Comhairle which should be put on other people, and I shall vote against the motion.

I should like to ask the Deputy a question for clearness sake, because anything that clears things and helps work to be done is to everyone's advantage. Will the Deputy say, arising out of what he has said, if any scrap of blame can be said to rest on the Ceann Comhairle?

Mr. O'Connell

I have said what I have said.

It could be put on you.

That is not the question.

I should like to go entirely beyond what Deputy O'Connell has said. I agree with him entirely as to the importance of this whole question. Now that the motion has been tabled, I would go so far as to say that this is one of the most important questions which this House could have discussed. I say that not because of my respect for you, sir, and the way in which you have conducted the business of the House, but because the question deals with far more. It deals with the whole future of this House and the future of its Ceann Comhairle. We are engaged, and have been engaged for the last seven or eight years, in moulding the character of a new Parliament, and what we do to-day in connection with this motion will have a very big effect indeed upon the future of the House and the behaviour of its future Chairman. I think it is vitally important that all parties should remember that. Particularly would I appeal to the Fianna Fáil Party to remember that, because, in view of the distribution of the members of this House between the two big parties, it is quite a possibility—I will not say more— that in the immediate future the Fianna Fáil Deputies will find themselves on the other side of the House. They have made no secret of what their intentions would be with regard to the election of a Ceann Comhairle if that event, which I would greatly regret in view of their action, should take place.

I ask them to consider that in bringing forward this motion. I ask them to consider what position they would put their own chairman in if he was elected in the way in which they have indicated they would be prepared to elect a Ceann Comhairle. I ask them to consider what his position would be if we were to-day to establish a precedent such as they wish us to establish. They should remember that they would have in opposition to them Deputies who have gained experience in debate and Parliamentary procedure and they should realise the extent they would throw themselves at the mercy of those Deputies if they were in office. I appeal to them to look at this question in a non-party way, to be impartial about it, to be far-seeing about it. I am trying to approach the subject, as perhaps what I have said may prove, in an impartial way. I want to consider, first of all, the dignity of this House —an independent Parliament. I take exception in the highest degree to what Deputy Lemass said as to the position of the Chairman of this House. I agree with Deputy O'Connell and go beyond what he said. I do not think a greater slur can be cast upon our Ceann Comhairle than that he should be charged with being partisan and neglecting the rights of minorities. I hope the time will never come when the Ceann Comhairle will be elected as a party member and on party lines. The future of the House under such conditions would be one which I should regret from the bottom of my heart. I am trying to speak impartially, and perhaps it might help Deputies, with whom I am disagreeing, to believe I am so if I tell them that I was one of the disappointed. Deputies on Friday morning. I had, as a matter of fact, sat in my seat almost the whole morning looking for a chance to address the House. I had actually risen when the Vice-President moved his motion. I was a disappointed Deputy; I should have liked to address the House. I am impartial in that because I do not know whether I am to blame the Vice-President more for his motion or Deputy MacEntee for the length of time he took in addressing the House. I do not say that in disparagement of Deputy MacEntee. I admire his performance; I look up to it; it was one that I could no more have done myself than I could fly. But the fact remains that, owing to the length of time he and others took, many Deputies were disappointed.

In many ways I welcome this motion. I think it a great deal better that we should have an opportunity of discussing here, in an open way and in an open House, criticisms of our Ceann Comhairle than that we should have recourse to other methods which have been adopted. In contrast with what I must characterise as the disgraceful scene that took place on Friday last this motion is indeed welcome. The only effect of what occurred on Friday was that several Deputies here who were prepared to vote against the Bill were unable to know what was going on. Is that a desirable state of things to be brought about in this House?

Perhaps the Deputy had better leave Friday to itself.

To fry in its own juice.

Am I permitted to compare these modes of procedure with those other methods which have been adopted, such as scenes in this House, references in the Press, and references on public platforms to the Ceann Comhairle: I only do it to indicate how much better it is that we should appeal to the only proper tribunal for considering the action of the Ceann Comhairle, and that is this House itself. It is not fair—I do not wish to be unfair to Fianna Fáil Deputies—to attack any man in such a way that he cannot defend himself, or so that nobody who approves of his action can defend him without making matters worse. That is the only result that could come from criticism in the public Press about the Ceann Comhairle or from the attacks made upon him on public platforms. It would be making matters worse and bringing our House and the Chairman into an utterly wrong and false position and lowering to our own dignity if we were to permit that to continue. And therefore, I only wish to say that in order to bring out that this is an opportunity of which we should take the fullest advantage. If it leads, as I hope it will, to a wider appreciation of the difficulties and responsibility of our Ceann Comhairle, and a more generally acceptable recognition of his position in the House and of his duties, and of the fact that he is and ought to be the servant of this House and not the servant of a Party, I think the motion will have done good. It is with that object that I ask the House to listen to me for a few moments.

Before I come directly to the motion I would like to make a few general remarks. The President anticipated me to a certain extent. He gave the key to the whole question: what were we here for at all? We are here to do the business of the country. That is the main purpose for which the Dáil sits—to do the business of the country. There are other reasons. It is important that there should be free interchange of points of view, that there should be free expressions of opinion from all Parties, that grievances should be aired and that information should be gained, but all the other reasons for which this Dáil sits are dependent upon and interrelated to the fundamental one of performing the business of the House and of the country. We have Standing Orders in order that the House may go about its business in as orderly and expeditious a way as possible and to help the House in the performance of the business of the country. That is why we have our Ceann Comhairle; it is his function to assist the House, and only to assist the House, in the performance of its duty as the guider of the country and to enable it to do its business as expeditiously and at the same time as fairly and wisely as it can.

Reference is often made here to the Rules of Order, to parliamentary language and such like, as if there was something difficult and abstruse about them. I think that is an entire mistake. I am only an amateur politician. I knew nothing about either politics or procedure until I came into this House a few years ago, but I do not think there is anything in the whole business of an abstruse nature. There is nothing in it but common sense. It is simply attempting to do our business, and there is no difficulty in our Rules of Procedure if we keep our minds clear that we are out to do that business and that we are out to do it at a particular moment. If we are clear as to the particular thing we want to do then, and if we give all the assistance we can and if the Ceann Comhairle gives all the assistance he can in keeping the attention of the House down to that particular thing and preventing its attention being disturbed, so that it shall have an opportunity of giving its vote on a perfectly clear and distinct issue—in that lies, I think, the whole mystery, so called, of Rules of Order and Procedure.

It is nothing but to try and keep the House down to one thing at a time. Neither is there any great difficulty as to whether we should use language of one kind or of another. None of us has any difficulty as to the language we use in ordinary society, and there is nothing to prevent us from saying what we want to say here in the ordinary language that we would use in society. As it is more or less intimately connected with this matter, I think it is important to draw the attention of the House to several things that were said when a similiar debate took place two years ago, in July. 1928. I think it is worth while to quote two or three excerpts from the Official Report of the 5th July, 1928, volume 24, column 2071. The first is an extract from what the Ceann Comhairle himself said from the Chair. He said:

"It has been frequently said here that the Standing Orders are for the protection of minorities. That is only a partial truth. The Standing Orders do afford and ought to afford certain protection to the minority, but the main purpose of the Standing Orders is to assist in the transaction of the business of the House. If the Standing Orders do contain safeguards for a minority in certain directions they must ensure that the rights of the majority will also be preserved."

I think that that will now be admitted throughout the House.

I am quoting this to support certain things I have already said, put in better language than I could hope to put them. The next is also an extract from something which the Ceann Comhairle said:

"For that reason, I am not unprepared to make way here, or in any other Dáil, for a successor, but I am unwilling to allow to be created here precedents and practices which would make it impossible for any successor to do successfully the work which has to be done here, and it will be made impossible if the Chair is to be subjected to the same kind of criticism as, for example, a Minister of any Government is subjected to."

I, for my part, entirely agree, and I think the House will agree—I hope the House will overwhelmingly agree—with the judgments that are expressed in these two extracts. I quote also certain remarks made by Deputy O'Connell, column 2072, 5th July, 1928:—

"There were times when we felt that the decisions of the Chair were against us, and that those decisions should not have been made in the particular way in which they were made, but in our cooler and calmer judgment there was not one of us who did not feel that if he himself were in the Chair and were called upon to make a decision and were expected to act impartially he would have come to the same decision."

I hope the House will still take the view that it is the first duty of the Chair to act impartially. I again quote from Deputy O'Connell, in which he says:

"That the Chair must be given a certain authority and must exercise that authority to the best of its judgment, and that there must be a way, and that there is a way, for dealing with the Chair if, in the opinion of the House, the Chair is not doing its duty properly ... the Deputy says that that feeling is there. But I am inclined to think that that feeling arises through inexperience, inexperience on the part of those Deputies of Parliamentary procedure. Perhaps when those Deputies are longer in the House they will see, I believe, that that feeling will disappear."

I hope to show before I sit down the great majority of the Deputies of this House that the Chair could not have acted otherwise than it did on that occasion, and that when the House comes to criticise this action in its calmer and cooler moments it will be of the same opinion. I quote from Deputy Redmond on the same day, column 2076:—

"I have had experience of being dissatisfied with the decisions of chairmen from time to time in ether assemblies as well as this, but if the business of the House is to be carried on there is only one way of carrying it on, and that is absolute obedience and submission to the decision of the Chair."

With reference to minority rights, the point that I have been trying to make is that the overriding consideration on all this is how the business of the House is to be conducted and that it should be conducted properly. I hold that it could not be conducted properly unless the rights of the minority were protected by the Ceann Comhairle. Therefore, we come to the question what exactly are the rights of the minority? Probably their first duty, as distinct from right, is to recognise that they are a minority and that they have to submit to the decision of the majority of the House. I am bound to say that I think one of the reasons for this expression of opinion on the part of Fianna Fáil is that they have not yet properly realised what power a majority has——

Faith, we have.

——and that the will of the majority of the House is bound to get its way. That is a duty of the minority rather than a right.

Will the Deputy give that lecture in Belfast?

I do not mind giving it anywhere if I am listened to. The right of the minority is, in one direction at any rate, to have an opportunity of freely expressing its opinions. Now what has been the practice of the Chair, whether the occupant be your Ceann Comhairle, your Leas-Cheann Comhairle, Deputy Fahy, or myself on the rare occasions that I have occupied it? What has been the practice of the Chair always? It is important to remember that in this connection. The practice of the Chair as taught by yourself—and I admit the source of my knowledge in the matter—has been to endeavour to choose Deputies so that, as far as possible, the different parties shall all get their proper opportunity for expressing their points of view. If a Government Deputy has been speaking expressing one point of view, the Chair sees that one of the Opposition should follow him in order that the opposite paint of view may get its chance of being heard, and perhaps he in turn would be followed by a Labour or by an Independent Deputy. Therefore, if a Deputy wishes to have his opportunity of addressing the House, it is often necessary for him to listen to several speakers before he possibly can get that opportunity. The mere fact of being in the House occasionally will not succeed in getting him that opportunity. But that is not the fault of the Chair, but quite the reverse.

I think the practice is a sound one that we should try when in the Chair to secure that, in turn, the different points of view are given an opportunity of expressing themselves. I think when Deputies come to think the matter over they will realise that that is what you, sir, have invariably tried to do and I think very successfully done. When the time comes for saying whether these points of view have been sufficiently given expression to or not there is no person. whether yourself or any member of the Government, the President or yourself, who can say that that opportunity has been sufficiently afforded. It is definitely a fact that it is for the House to say if the opportunity has been afforded. If the House, through its majority, determines on a particular occasion that the House does think—mind you the House— that there has been sufficient time for the discussion of a particular subject, then that decides it. It is the House, if you like, that is partisan, not the Ceann Comhairle. The House gives a decision. We have got to make that absolutely and perfectly clear to ourselves. If you take Standing Order 52 and study it you will see that. Because that Standing Order has started on the presumption that the Ceann Comhairle shall accept a closure motion. That Standing Order requires him to accept the Closure Motion unless there is a definite case against it. It does not require a case to be made for the motion. The presumption is entirely the other way. All the Ceann Comhairle has to do in such a matter is to ask himself has any minority in the House not been given an opportunity of expressing its views. If the House decides that there has been sufficient opportunity, then it is for the House to take the responsibility. When precisely the time arrives when a Ceann Comhairle should find himself from being definitely against accepting a closure motion or in considerable doubt about it, to being quite clear that he should accept it—is not very easy perhaps to decide. Take as an example last week, I for my own part think that if on Wednesday evening the Ceann Comhairle were asked to accept a closure motion he should have no doubt whatever about it. On Thursday evening I would not have been surprised if a closure motion had been sought, and I think the Ceann Comhairle would have been in very grave doubt as to whether he should take it or not. But after three days debate I really think that the Fianna Fáil Deputies must know pretty well that a closure motion might be moved, and in addition there was the warning from the President in the morning that the debate was going to end that day.

Taking these things into consideration, I for one would be entirely of opinion, and it would be my honest opinion, that the Ceann Comhairle had no choice but to accept that motion that was then put to him. A good deal has been said about the debate. I ask the House now to remember the particular circumstances. In a case like this the circumstances are always the deciding factors. Remember that the debate was a Second Reading debate. The principle of the Bill was to extend the boundaries of the city. Apart from that practically everything that could be said on the Second Reading could be said on the Committee Stage——

And the bringing back of the Grand Jury system of voting.

I have already said that on Friday morning I wished to speak myself. I was disappointed. Nevertheless, I hope on the Committee Stage of the Bill to get in everything that I wanted to say on the Second Reading. I think that everything I wanted to say on the Second Reading will be in order on the Committee Stage except the one matter of extending the boundaries of the city and, perhaps, the powers that are to be given to the City Manager. I think everything else that one would want to say on the Second Reading can be said on the Committee Stage.

There is only one other remark that I would like to make, and I wish to elaborate it a little because I think it deserves elaboration. That is what the President said about the charge against you—that you were aware of what was going to happen. I think it has been one of the good actions of our present Ceann Comhairle that he has made himself accessible, widely accessible, to every member of the House, no matter to what Party he belongs. I think Fianna Fáil Deputies, Labour Deputies, Independent Deputies as well as Government Deputies, will acknowledge that thankfully to the Ceann Comhairle; they will acknowledge that he has been of use to them upon various occasions. Not alone the Opposition in the House at present, but Oppositions in previous Houses had to acknowledge the same thing. If that accessibility is to apply to the Opposition, I think it certainly ought also apply to the Government. The fact that the Ceann Comhairle was aware—the President told us a while ago that he was aware—that this Closure motion was going to be moved, instead of being put as a black mark against the Ceann Comhairle should, in my opinion, be put as a good mark for him and should be something that every one of us would be ready to take advantage of.

I hope that from the putting down of this motion good will result. I hope it will clear the air, and I hope we shall all come to regard the Ceann Comhairle as representative of the House and all its members. I urge the Fianna Fáil Deputies not to put this question to a vote. They will do themselves no good. They will tend to lower the dignity of our Chairman and our House and bring it into disrepute. Let us do everything we can for the dignity of the House, and, for the sake of our own dignity, uphold the dignity of our Ceann Comhairle.

Deputy Thrift has adverted to the fact that the Ceann Comhairle has always been accessible to all Parties in the House. I must admit that has been the practice. The motion on the Paper was put down in relation to what took place on Friday. It has been admitted that the President, or the Government anyhow, informed the Ceann Comhairle that the Closure was to be moved.

It was stated.

Well, let it be stated. Up to this, whether it has been courtesy or not I do not know, it was usual for the Government Whips to approach the Whips of this Party and give them some indication that they wished a debate to conclude in a certain time. That has been my experience since I came in here. When we put down this motion we were very particular about the word "partisan." It was not without a lot of very earnest consideration that we decided to put the word down. I think I will be able to show that there was partisanship in this case. We are told that the Ceann Comhairle knew of this Closure Motion. Our Party did not know of it. There was a rumour through the House undoubtedly, but it was a rumour which I scouted. I did not believe it, the reason being that if it were a fact I thought the usual practice of being told by the Ceann Comhairle himself or by the Government Party that there was some intention to conclude the debate, would have been followed. I heard nothing about it from the Ceann Comhairle's side or from the Whips of the Government Party.

Does the Deputy think that the Ceann Comhairle should have told him that the Government intended to move the Closure? Has he ever been told that?

No, the Deputy has not been told that. I did not expect that either, but I expected that what usually does happen would happen on this occasion also. I expected that I, or the Whips on our side, would have been asked how many more speakers on our Party wished to speak and what hope was there of the debate being concluded that day. That has been done by the Ceann Comhairle, through his officers, and by the Government Whips, but it was not done on this occasion. When we started business on Friday morning the President, as usual, gave notice of what the business for the day was to be. I would remind Deputies that portion of Friday is usually given for Private Members' time. Private Members' time comes on at 12 o'clock. The remaining two hours are generally taken up with the business of Private Deputies and this time is not really Government time at all. The Ceann Comhairle knew that just as well as the President knew it. I hold that in accepting the closure motion during what is usually Private Members' time, and without having given any information to this side that there was a wish to have the debate concluded —that has always been done—there certainly was partisanship. Deputy Fahy commented upon a newspaper report which mentioned that a ruse had been played and that the Fianna Fáil Party had been out-manoeuvred. That applied to the Labour Party and to everyone who was against the Bill just as much as to our Party. We were put in for it.

We were not caught napping.

Well now, Deputy Davin, I think you were, as a matter of fact, and I am quite sure you were.

Eleven out of thirteen.

I am quite sure you were caught napping. I maintain that ruse could not have been carried out if the Ceann Comhairle had done what he should have done —if he had protected the minority of the House. That is the reason that I was prepared, when our Party came to the decision to put a motion down, to stand over the word "partisan." Now that we are talking frankly, or trying to talk frankly, and as we have a chance to do it, I would like to remark upon the amount of time the Ceann Comhairle was out of the House on Friday.

Is it any wonder?

That is so—perhaps it is no wonder. I was out of it a lot myself, as a matter of fact. But it was during the time that he was out, apparently, that this intimation was given to him that the closure was going to be moved. He came in shortly after half-past one when the last speaker was speaking. According to the Official Report he went out shortly before 11 o'clock, or shortly after it—I have not the exact moment. He left the House then and he came back a little after one o'clock. He was absent during the time it takes to say what fills several pages of the Report—about two hours. I suggest it was during that time that Deputy Duggan was pulling the strings and making it perfectly clear that he would be able to carry off this ruse and catch out both Deputy Davin and myself.

It was wires I was pulling.

Mr. Boland

Wires or whatever they were, I do not know whether what I am going to say is relevant or not. What I would like to know is, has the practice, courtesy, privilege, or whatever you like to call it, that hitherto has existed between the Ceann Comhairle and this Party and the Government Whips and this Party, been brought definitely to a close now? Are we to take it for granted that no accommodation will ever be sought for in the future or will be granted.

Would the Deputy direct himself to the relations of the Ceann Comhairle and the Deputy's Party. The relations between the Whips of the different parties is another matter altogether.

Mr. Boland

I take it that when I am approached by an officer in the Department of the Ceann Comhairle as to whether I think it possible a debate will conclude within a certain time, that the officer is acting on behalf of the Ceann Comhairle. If that is not so, then I stand corrected. I may be wrong, but I always understood that when I was approached by an officer of that Department that he was speaking on behalf of the Ceann Comhairle.

On that point, is it not usual to have these matters discussed at the meeting of the Committee on Procedure and Privileges, of which the Ceann Comhairle is Chairman?

Is what not usual?

To have some arrangement come to with regard to the time to be taken, particularly on a contentious Bill?

That is sometimes done, but as a matter of fact there has been no meeting of the Committee on Procedure and Privileges since the House resumed in February. Arrangements as to how long a debate should take should be made between the Whips, and at meetings of the Committee on Procedure and Privileges the Ceann Comhairle has frequently stated that that is the business of the Whips and not of that Committee. Deputy Davin is correct in saying that the matter has been discussed at that Committee.

And arrangements made?

And arrangements tentatively come to, shall I say? The Ceann Comhairle has, of course, no responsibility for relations between the Party Whips except for the purpose of controlling debate and calling upon certain Deputies. I should say that the Ceann Comhairle would like to be made aware of any decision arrived at, by way of agreement, between the Party Whips.

Has not that practice always been followed, with the consent of the Leader of the Government Party, in regard to the discussion that takes place on the Estimates?

I am always most accommodating.

Mr. Boland

All the circumstances attending the acceptance of the closure motion last Friday satisfy me that there was an arrangement come to between the Ceann Comhairle and the Government Whips that the closure motion would be accepted. That has forced me to support this motion. I would like to hear from somebody else, from somebody who is in a position to say it, that such an arrangement was not come to. If we are to be told that we are not entitled to know what arrangement has been come to between the Ceann Comhairle and the Government Whips, then we know where we are. We will not expect it any more. That is all that this Party want to know. But if we are supposed to carry on under a certain procedure, then we should have the courtesy referred to by the President extended to all parties. This back-handed way of doing work and closuring discussions should not be resorted to.

Deputy Thrift and his Party are very anxious for the good name of the House and for the reputation of the Chair. We are just as anxious for that as anybody else, to see that such a pull by the majority party here should not be exercised against the Chair. The Chair itself should see and should be strong enough to stand up against the majority. Certainly the majority have their rights and so have the minority. If the Chair has been brought into disrepute over this thing, or if there is any danger of it, it is due to two sides; to the Ceann Comhairle for allowing the majority to pull him, and to the majority for stooping so low as to attempt it.

I wonder what form of words would Deputy Lemass use if he was proposing to put down a vote of censure on the Order Paper with regard to the conduct of the occupant of the Chair. It was most interesting to listen to the remarks of the last speaker, in spite of what Deputy Lemass had already said, that he disclaimed anything in the nature of a vote of censure by this motion and that the word "partisan" was most carefully considered.

[An Leas-Cheann Comhairle took the Chair.]

I do not profess to be a very clear exponent of the English language, but I fail to see how the use of the word "partisan" in any motion with regard to the conduct of the occupant of the Chair does not make that motion a vote of censure. The speech to which we have just listened seems to me to be in support of a vote of censure, but not a vote of censure, if I may say so, on the action of the Ceann Comhairle, but a vote of censure upon the conduct of the Government.

That is wrong.

It is a pity that the framers of this motion did not make it a wider one to censure, if they so desired, those on whom the responsibility should be. We have heard a great deal about the number of speeches that were made, the number of Deputies that spoke and the amount of time taken. We have also heard it suggested that certain Government Deputies did not speak. May I remind the House that this was a public Bill, that every Deputy was entitled to speak on it, voice his views and to exercise his rights as much as any Dublin Deputy. It was not a private Bill. It was a matter for public discussion, and in no way should there be any differentiation, or is there any differentiation as between the rights of Dublin or non-Dublin members.

This motion seems to me to bring forward for discussion not a fact but a question of opinion. If the Speaker did take a certain course, he did so acting upon his own judgment. Standing Order No. 52 lays it down that unless it shall appear to the Ceann Comhairle such a motion is an infringement of the rights of the minority, or that the question has not been adequately discussed, or is an abuse of the Standing Orders, he shall admit the motion. Therefore, it was entirely a question of the individual opinion of the Ceann Comhairle. Many of us may think that he was wrong in that opinion, but, after all, he has been put there as occupant of the Chair by this House to exercise his opinion in matters concerning the conduct of the affairs of this House, and he has exercised his opinion. I think the whole gravamen of the charge is not that he did something wrong, but that in our opinion his opinion was not correct.

The motion is an exceedingly narrow one, and for that reason those either in favour of it or against it are in very great difficulty. One point was made by Deputy Lemass against which I, as an individual member of this House, would like to protest. He said in effect that the Ceann Comhairle was a Party nominee, and that he was elected by a Party in this House. I deny that. He may have belonged, and he may still belong to a certain Party, but once he is elected he is not elected by that Party but by this House, and, if my recollection serves me right, I do not think he was elected solely by the Party to which he has hitherto belonged. Be that as it may in this particular instance, in general when a Deputy is elected to the Chair he is elected by the House, and he takes the Chair and conducts the affairs of the House not as a member of a Party but as a spokesman of the House. Deputy Lemass also said that the particular measure which was being discussed was a non-Party measure, and in that I entirely agree with him. If this was a non-Party measure, as Deputy Lemass said, and if a certain form of procedure was adopted by the Ceann Comhairle in regard to the passage of that measure, how can his conduct be described as partisan or Party? I think that any attempt to describe the action of the Ceann Comhairle on this occasion as Party or partisan has entirely fallen to the ground.

The second peg on which this motion is hung—and I think it will be withdrawn very shortly—is that the Ceann Comhairle's action was an infringement of the rights of the minority. What did the Ceann Comhairle do? He gave the House the opportunity of saying whether it was willing to go on with the discussion or that the discussion should be brought to a close. That is what the Ceann Comhairle did. He did not decide for the House. The House decided for itself. It does not matter how the composition of the majority or the minority was made up. The decision was the decision of the House. What the Ceann Comhairle did was to exercise his judgment in leaving that decision to the House. I think that in every way he was entitled to his opinion, and the exercise of his opinion, and that is all he was called upon to do, to exercise his judgment in leaving the matter as to whether the discussion should be terminated or continued entirely to the votes of the members of this House. I was present during most of the debate on Friday last, and the benches were very sparsely filled indeed; so much so that I believed the debate would normally come to a conclusion that day.

I do not know whether members think that it is a right practice for them not to remain in the House for any length of time, but to go elsewhere and then walk into the House and get up almost immediately that they have arrived there. That is not the practice at any rate in other Parliaments. Generally the members desiring to speak wait in their seats, and perhaps have to rise several times before they are called upon to address the House. Anybody who was in the House on Friday last, as I was most of the time, could only form the one conclusion, and that was that there was not a large number of members desirous of speaking, and that the debate would in the normal course of affairs have terminated that day. The terms of the motion are, to my mind, a direct and exceedingly narrow vote of censure, based upon two grounds, upon the occupant of our Chair. I submit no case whatever has been made to support the motion as it stands. If Deputies put down a vote of censure on the Government for their action in the matter, and not be making speeches about it on this motion, then they would be doing something to show they meant business and that they were not, as I think they are in this motion, trifling with the House.

I would like to congratulate Deputy Fahy on the very temperate way in which he moved the motion standing in his name. Like Deputy Thrift. I am glad the motion has been brought forward because, it gives a great many in this House the opportunity of expressing their appreciation of the present occupant of the Chair and the way in which he always conducts the business of the House. The motion is, as Deputy Boland has said, a direct vote of censure on the Chair, and for that reason I cannot support it. I was one of the disappointed ones, because I was told I would have the opportunity of recording my vote on the question as to whether the Second Reading should pass or not. I was deprived of that opportunity on account of the trouble that took place on Friday afternoon. I suggest this matter has been thoroughly ventilated, and perhaps Deputy Fahy, having heard all that has been said, will consider it a graceful thing to withdraw his motion.

I cannot agree with Deputy Murphy that the Fianna Fáil position on this particular motion is so well understood that we should withdraw it now, even if we did as he said, intend to withdraw it in the long run. When we came into this House at first a studied campaign was carried on against the Fianna Fáil Party, the last glimmerings of which may still be discerned in the daily press. It is suggested that it is almost impossible to carry on the business in this House owing to the scenes which regularly occur and for which members of the Fianna Fáil Party are responsible. At first, the Fianna Fáil Party were going back to ancient history and after that they were involving the House in long and intricate disquisitions upon constitutional matters, in which the country took no interest. The Bill in question cannot be said to be the preserve of the Fianna Fáil Party any more than of any other Party. It is, as Deputies on this side have repeated frequently a Bill that should be regarded as a non-party measure, and the fact that it was not so regarded, while those on the Government front benches said it should have been, shows the amount of sincerity there is in all this talk about party and non-party. When the Government Party score a victory it is a great political victory; it is a great ruse, a wonderful achievement. When the Government Party is in a tight corner they say: "Let us be as non-party and as tolerant as we can." We say, "Let us have a square deal and no favour." That is the Fianna Fáil attitude.

One important disclosure has come out of this debate, and whatever compunction I might have had about the bringing in of this vote of censure, or whatever you like to call it, I am quite satisfied to defend it here or anywhere. Although, unlike Deputy Murphy, Deputy Redmond and Deputy Thrift, I am not an expert on parliamentary procedure, still I have not been sitting here for the past two years without getting a rough and ready idea of what is fair play and what is and what is not partisanship. I am quite convinced that the action of last Friday was partisan. The President and the Ceann Comhairle have admitted that it was made known to the Ceann Comhairle in the morning that the Closure Motion was to be taken. But Deputies on this side of the House, or on any other side—because Deputies on all sides spoke in opposition to the Bill—were not made aware of that. When at this hour of the day it is part of the practice of the House that the Ceann Comhairle, or the Government Whips, or the President, can make an arrangement outside of the House that a Closure Motion will be taken, without any notice being given to any of the Opposition parties, I say that that practice is a farce. The sooner we realise that in order to get national business done well and properly, and in order to get that cooperation that is essential to do so, we must get away from this backstairs arrangement and come out into the open, so that every party may feel that they are having a fair choice in the arrangement of business the better.

Deputy Thrift, whom I had for some time regarded as an Independent—it was quite a mistake on my part—has overweighted us with arguments about the rights of the majority. Surely it was not necessary to stress that point. The majority has the right to fix the business, to fix the adjournment, to take Private Deputies' time, and Ministers have special privileges in regard to speaking. Not a word has been said by anyone, except Fianna Fáil Deputies, with perhaps some references from Deputy O'Connell, to the effect that Private Deputies must have their rights.

My answer to the statement that so much time was taken up, and so many speeches made, is that if the humblest back-bencher wants to get up and feebly reiterate what has been already said, he is exercising his right as a member of the House, and it is the business of the Chair to support him. It is not that Dublin Deputies have any special rights in this matter at all, but it is that Dublin Deputies who were refused the right to speak had not been frequent claimants upon the time and attention of the House, because they had not spoken very often. I was going to speak also, if I had been allowed, on the very principle that Deputy Redmond referred to, that this Bill was a matter for all Deputies, because the principles that are laid down in it will probably be extended to local administration throughout the country. Therefore, it is not a Bill for Dublin Deputies alone.

It has been stated that the rural Deputies—whom I do not blame at all—were frequently absent from the House, but although they were frequently absent they were in the vicinity, because they knew, I presume as they were so loud-voiced about it on Friday morning—even the humblest member of the Cumann na nGaedheal knew it—that this arrangement had been come to. Formerly, at any rate, on violently controversial measures like the Constitution amendments, and the Juries Act, where we had to stand in a particular way, and where, perhaps, we could not expect support from other Parties, it was quite right of the Government to take advantage of the weakness of our position, and the weakness of national spirit in the country, to come here and send the Minister for Finance in to force a closure. But when they try it on with a measure like the Greater Dublin Bill they are up against another proposition, and we are going to show them that they are.

The expression is frequently used that the House has come to a decision, and that we cannot quarrel with or even discuss the decision the House has come to in carrying a closure motion. In my opinion that shows clearly that the word "House," in the connotation used by Ministers, and even by the Ceann Comhairle, means the majority; it means that any act the majority think fit to do is the action of the House. I submit that there is first the point that the business of the country ought to be well done, and that all Parties should get a fair share in having a say on it, and secondly, there is the question of the rights of the minority. The Chair has very ample powers, apart altogether from the Standing Orders for regulating debate. Obstruction, irrelevance, or repetition entitle the Chair to rule out speakers. I am not aware that there was any repetition, or any irrelevance, and certainly there was no attempt at obstruction in any of the speeches on the Bill. None was urged either, and the Chair had a singularly easy time during the progress of the whole discussion. It was not called on very frequently to interpose.

In spite of the fact that it was a singularly harmonious discussion, on the whole, of a singularly important subject in spite of the fact that the Chair itself must be prepared to admit that it was harmonious, that every speech made some contribution, and that the House and the country, through the debates, were getting a firm grasp of the new principle of local government which will probably be established everywhere, in spite of that, the idea of the Whips and I am sorry to say, of the Ceann Comhairle with regard to the importance of the business, as to the way it should be carried out, and of the rights of the minority, was to go behind backs and make an arrangement by which they got a temporary Party victory. These temporary Party victories, I would remind the Party opposite, have a habit of coming back again; and the Government that has nothing to depend on except the playing of ruses on its political opponents, like that of last Friday, although they may get away with it for a short time, will, when the time comes, find that it will not be any satisfaction to the country to be told: "We caught out the Fianna Fáil Party on such a date." The country will expect something better than that.

I say that this closure was carried out only by the narrowest possible interpretation of the Standing Orders; it was carried out by reference to "a practice of the House," which Deputy Fahy has clearly shown was not a practice of the House, since on the occasion of the Juries Bill the main motion was discussed after the closure had been put and carried upon an amendment. Nothing has been said by the Ceann Comhairle or by anybody else to show why that should not have held also in the case which we are discussing, that after the amendment had been closured the whole question of the Second Reading of the Bill could have been raised again. It has been stated that that was not so, that the whole ground was covered. I say that the whole ground was not covered. One point that was not dealt with was the question of the whole basis of valuation in the city.

Surely that is a different question altogether.

I want to show that the argument that the reasons stated in the amendment constituted a direct negative to the motion for the Second Reading of the Bill was not an adequate argument.

That does not arise at all on this motion.

I submit that it does. It is one of the proofs that the Ceann Comhairle's decision was a partisan one and an infringement of the rights of the minority.

Oh, no; it does not arise on this motion at all.

In any case, I am sure you will admit that if I can show there were points that were not dealt with I have a right to say that the matter was not adequately discussed, and under the Standing Orders that is one of the safeguards which the House is said to have.

The Deputy does not suggest that he is now going to mention all the points that he considers should have been discussed on the Second Reading of the Bill?

No, I am not.

If the Deputy claims the right to mention certain things, other Deputies can claim a similar right, and then we shall have a discussion on what was not said on the Second Reading of the Bill, instead of having a discussion on this motion.

What means have we of proving then that the action of the Ceann Comhairle was partisan and contrary to the rights of the minority?

That is not a question for me.

If you are going to limit us in any discussion on that point, which is certainly very relevant to the motion——

My difficulty is that I have no option but to keep Deputies to the motion on the Paper.

The motion on the Paper deals with the Ceann Comhairle's action in relation to the Greater Dublin Bill.

No, in accepting the motion for the closure.

Before the Bill could be adequately discussed.

In connection with the point about allowing the fullest possible discussion, this House, whatever members of it may think, particularly members of the Cumann na nGaedheal Party, has not a reputation for taking too much time over the consideration of legislative measures. I think I am pretty safe in saying that the general opinion in the country is that legislation is very often rushed through, and, furthermore, that in the case of an important and a long Bill like this, consisting of nearly a hundred sections which cover the whole field of local government in one way or another, which had only been in the hands of Deputies for a fortnight, there is no reason why it should be rushed through after a few days' discussion, without giving the Minister an opportunity to answer the points that have been made for its amendment, or even for its withdrawal, and without allowing the different Parties to come to some arrangement with regard to how the Bill was to proceed. The Bill was left hanging in mid-air, but so long as the Government Party succeeded in their ruse, with the connivance of the Ceann Comhairle, to get it through its Second Reading. I suppose they think they are quite safe, and that any pinpricks that it will get in Committee will not change it; that it will issue forth from the House in the long run substantially the same as when it came into it.

One of the great advantages that the Ceann Comhairle has, and one of the reasons why I welcome this discussion, is that as a rule, when the Ceann Comhairle makes a ruling asking a speaker to withdraw from the House, or when making any other pronouncement, he gives no reason. I had expected when we put down this motion that he would at least have given reasons for his action last Friday. He has given no reasons, and I leave it to the people to draw their own conclusions. The Ceann Comhairle has stated that his action in this matter simply was that he decided that the House should be given an opportunity to come to a decision. If that is the Ceann Comhairle's summing up of the authority which he has and of the rights which he exercises under this Standing Order, I say that it shows an absolute contempt for the rights of the minority, that apparently the rights of the minority were to be left in the background, that they were not to be considered, that they would be brushed aside by the formal phrase: "I am not the person who is responsible. I simply permitted the House to make a decision." If that were carried to extremes, carried out logically in all the business of the House, then the Ceann Comhairle could simply on all possible occasions refer matters to a vote of the House for closure.

Some reason must be given. He says that the essence of the closure motion is that there must be no reasons that there must be no argument. Reasons and arguments have been given from this side of the House as to why the closure motion should not have been accepted. We do not expect the Government Party to answer them; they are here to down us by every means, and that is their policy. But we expect the Ceann Comhairle, who is stated in the Rules by which this House is governed to be our protector and guardian and to safeguard our rights, to say why he did not do so. Perhaps it is that, like Pontius Pilate, he washes his hands of the whole business. Perhaps it is that, having been so long in association with one particular Party, he finds it almost impossible—in spite of the fact that our Party has given him a pretty decent show and has played the game pretty fairly with him since it came into the House—to see or is constitutionally incapable of seeing our point of view, or any other point of view than that the Government Party is the only Party that the Government Party is the House, and that it is only the Government Party which must be protected and safeguarded. Perhaps it is that the Ceann Comhairle has become so much the slavish instrument of the Government Party in using this closure motion so frequently upon us on this side on very important measures, that he is incapable of asserting that impartiality and sense of fairmindedness, that courageous attitude towards the Government Party as well as towards the minority which is absolutely necessary in a Speaker and which, in my opinion, must be found, if not in this Speaker in some other Speaker, before we can hope to do business in the way we all want it to be done, with good heart and with a feeling that whatever our differences here may be, we can all feel that the man in the Chair is one to whom we can look up to with admiration and with esteem.

Deputy Derrig stated that there had been an arrangement with the Speaker that the closure would be taken. There was no such arrangement. I have moved the closure in this House, perhaps twenty or thirty times, and I have practically always sent word to the Speaker beforehand that I intended to ask leave to move the closure. I have done that because I regard it as fair that the Ceann Comhairle should have at least a few minutes to make up his mind as to what action he will take when leave is asked to move the closure. Sometimes the closure has been refused. Generally, it has been granted, because it was not asked for unless things had reached a point when it was not unreasonable to ask for it. What happened in this case was what happened in nearly every case that the closure was moved. I did not communicate with the Speaker myself on this occasion. I think it was the President who did it. What happened in this case was: the Ceann Comhairle was informed that it was intended to move the closure so that he might have the opportunity to make up his mind whether or not he would grant it, in order that he would have an opportunity of looking at the course of the debate and of satisfying himself that all parties had spoken, or satisfying himself on any other matters he desired.

It was a matter for the Ceann Comhairle himself to grant or refuse leave then, though I think if he had refused leave to move the closure at that point he would have been, in a measure, abusing his authority. I think if he had refused to accept the closure motion even on Thursday night, after the President had spoken, it would have been, in some measure, an abuse of his authority, because it must be clearly understood that it is not the business of the Ceann Comhairle to thwart the majority of the House, and it is not the business of the Ceann Comhairle to insist that debates continue until, in the words of Deputy Derrig, "the humblest back-bencher who would reiterate the feeblest arguments had concluded his reiteration." It is the duty of the Speaker, as Deputy Thrift has put it, to have regard to the efficiency with which the business of the House is carried on, and to enable the House to come to its decisions with full knowledge of what it is doing. I take it that the whole purpose of a debate in an assembly like this is not to allow everybody to get his chance of talking and of having his speech in the Official Debates. It is to see that the members of the House shall have, at any rate, the principal arguments for and against any proposal put before them so that they may come to a reasonable decision on the matter on which they vote.

The words in the Standing Orders in regard to the protection of the minority are put there not for this purpose of enabling minorities to talk as much as they like but fundamentally for the protection of the majority, fundamentally for the purpose of seeing that the majority, when it does come to its decision, comes to its decision after having heard the arguments. I think, therefore, the suggestion that there must and ought to be unlimited discussion and that the House ought not to be allowed to bring the discussion to an end and that, in fact, the Ceann Comhairle should prevent the House from bringing the discussion to an end is put forward without having any regard to the basis of the Standing Orders or the real functions of the Ceann Comhairle.

Before I go on, I would like to refer to one point that was made by Deputy O'Connell. I think he made the point without having fully considered it. He suggested that there had been something like a pledge that the Minister for Local Government would wind up the debate, and he suggested that the Ceann Comhairle had been guilty of an error of judgment in not drawing my attention to that statement. Now I would like to read to Deputies Deputy O'Kelly's question and Deputy Fahy's answer. Deputy Fahy was in the Chair at the time. After the Minister for Local Government had spoken, and after Deputy O'Connell had moved his amendment, Deputy O'Kelly said (column 968, 26th February): "I would like to know what exactly is the position now with regard to the motion and the amendment," and the Acting-Chairman (Deputy Fahy) said: "Both the Bill and the amendment are before the House and open for discussion. The Minister will conclude the debate generally, and the question to be put is ‘that the words proposed to be deleted stand.'"

Now, I think that that was merely stating what the procedure was. He was merely intimating that there was not going to be two debates, one on the amendment and the second, thereafter, on the motion. He was intimating also that the Minister was not going to be allowed to speak on the amendment and afterwards wind up on the motion, but that the Minister, having introduced the Bill, would speak once again and then the matter would be put before the House. I think it will be perfectly clear to Deputies who will consider it, and to Deputy O'Connell himself, that a casual statement with regard to the normal procedure made in that way by Deputy Fahy could by no means, be held to preclude the possibility of moving the closure, because if we were to take the view that Deputy O'Connell indicated, it would mean that there could be no closure thereafter, because if the Minister for Local Government was allowed to rise for the purpose of concluding there would be no need for the closure. The Minister for Local Government could conclude in a few minutes if he liked.

I think it is perfectly obvious that those remarks between Deputy O'Kelly and Deputy Fahy could not preclude the moving of the closure. I think it would have been out of place for the Ceann Comhairle, when I asked for leave to move the closure, to have expostulated at all. It is clearly contemplated in the Standing Orders that there shall not be amendment or debate, that the matter shall be decided forthwith, that the Ceann Comhairle shall either accept the motion for the closure or refuse the motion for the closure, and it has been his practice neither to explain why he accepted, except by quoting the Standing Order nor to explain why he refused when he refused. I hold therefore, when Deputy O'Connell suggests that the Ceann Comhairle was guilty of an error of judgment in not expostulating with me when I rose to move the closure, that Deputy O'Connell has not given this matter the fullest consideration. There was a suggestion that the Ceann Comhairle had ruled wrongly with reference to this point of whether or not, when the amendment had been disposed of, the debate on the motion for the Second Reading should be continued. There has been a suggestion that in not allowing a second debate on the motion after the amendment had been disposed of, the Ceann Comhairle was wrong in some way. I have already pointed out to the House that Deputy Fahy, when in the Chair, indicated that there was only going to be one debate and that the motion would be put after the conclusion of the one debate. Deputy Fahy's statement was an indication of the normal procedure in these cases where the amendment is a direct negative, that after the amendment is disposed of there is no second debate.

Some question has been made of a ruling by the Ceann Comhairle on the Juries Protection Bill, 1929. I would like to point out that on that occasion, when he refused to allow the closure to be put on the motion immediately after the amendment had been defeated, the case was entirely different. The amendment that was then proposed was not a direct negative; it was merely an amendment to delete paragraphs 1 and 2 of the resolution. That amendment was closured and disposed of. I then asked leave to move that the motion as a whole be disposed of. The Ceann Comhairle refused to allow that. But that was an entirely different case from the case with which we are dealing, where the amendment was a direct negative and where it was clearly understood that there was to be one debate which would dispose of the amendment and the motion together. I think, although Deputy Lemass and some other Deputies have shown a disposition to fling charges about, that there has not been the slightest case made for the view that the action of the Ceann Comhairle was partisan or that it was an infringement of the rights of the minority. This Greater Dublin Bill, in my opinion, is a Bill of minor importance. It is a Bill which, I think, contains no novel principle.

The Grand Jury system of voting.

There are local bodies in existence that were elected under that system of voting. The main principle of the Bill in regard to a system of city management is already enshrined in the Cork Bill. So far as altering the boundaries of local authorities by a Public Bill, that has been done before. Although there was considerable interest in it in Dublin, we had here really a Bill of somewhat minor importance and a Bill containing no novel principles. It occupied a whole parliamentary week of public time. Moreover the House indicated by its vote that it considered that it had been sufficiently discussed, and that is an important factor. In that week of discussion practically two-thirds of the time was taken up by Opposition speakers.

I cannot see how the Ceann Comhairle could possibly hold that he was entitled to regard it as an infringement of the rights of the minority and not allow a closure motion to be moved when a Bill of this sort, a minor Bill, although bulky, had been discussed for a full week and when two-thirds of the time had been taken up by those who oppose the Bill. I think those who suggest that there was an infringement of the rights of the minority have not a leg to stand on.

As regards partisanship, there has not been any attempt made to make a case there. Deputies seem to think that the Ceann Comhairle is a partisan if he does not favour them. Deputy Derrig seems to have the idea—he put it into words—that the Ceann Comhairle should be the guardian and protector of Fianna Fáil. His duty is to give fair play and to secure a fair hearing for all the members of the House. It is not an act of partisanship to say that Deputy Derrig shall be cut out, nor, on the other hand, is it an act of noble impartiality to say that the Minister for Local Government shall be cut out. There are Deputies on this side of the House who wished to speak, just as there were Deputies on the other side. I was cut out myself. I had intended to speak. I was hoping to speak in moving the closure, but I was afraid I could not do it.

I think the main argument in this matter has been put very well by Deputy Thrift. The House is entitled to regulate its business, the House is entitled to make Standing Orders; the House appoints, under the Constitution, its Chairman and prescribes his duties and remunerations; the House does all these things by majority and, consistent with securing for the House sufficient and reasonable opportunities of debate and with preventing, so far as he is able to prevent it, any gross ill-use of the minority, it is the duty of the Ceann Comhairle to have regard to the wishes of the majority of the House, and to give the majority in the House an opportunity of coming to any decision that they may like, in any matter that can be brought before it.

I think the Ceann Comhairle himself has very frequently stated that it is not his business to prevent the House doing something that it wants to do. When Deputies on the Fianna Fáil Benches have attempted to raise matters, and asked whether the Ceann Comhairle would allow them, I can remember the Ceann Comhairle saying that it was not his business to prevent the House discussing anything it wants to discuss. In the same way, it is not the business of the Ceann Comhairle to prevent the House from stopping a discussion of any matter that it wants to stop discussion on. If there are any Deputies who still think that the Ceann Comhairle was guilty of any partisanship, those Deputies have an impossible and impracticable idea of the duties and the position of the Ceann Comhairle. While the Ceann Comhairle has no right and no duty to try to make things specially easy for minorities it is, on the other hand, most valuable and necessary— I say this in reply to Deputy Lemass's suggestion—that the Ceann Comhairle should be impartial, and that every individual Deputy should realise and feel certain that he will get fair play from the Ceann Comhairle. I venture to say, and I do not think any Deputy will seriously contradict it, that all Deputies have got an equal chance. Although complaints come from the Fianna Fáil Benches, I want to say, without meaning to be offensive to Deputies on those benches, that one of the reasons why Deputies on the Fianna Fáil Benches are more frequently dissatisfied with rulings of the Ceann Comhairle than Deputies on these benches, is not that there is any partisanship or any partiality on the part of the Ceann Comhairle, but simply that the Deputies on the Fianna Fáil Benches have been a shorter time in the House.

I can remember when Cumann na nGaedheal Deputies were much more frequently dissatisfied with the rulings of the Ceann Comhairle because they had not realised exactly what his position was and what his duties were. I, and other Deputies, can remember occasions when Ministers were obliged to withdraw by the Ceann Comhairle statements they had made in this House. I remember myself being obliged by him to withdraw a statement. I remember a further occasion when a Minister declined, or showed reluctance, to withdraw a statement when asked to do so by the Ceann Comhairle and when the President had to inform the Minister that in his capacity as Leader of the House he would move his suspension if he did not withdraw. Many Deputies will remember that. The position is, I think, that members of the Fianna Fáil Party have not given sufficient consideration yet to the question as to how the Ceann Comhairle ought to behave and what is proper for him to do. They are dissatisfied, in my opinion, not because he is partisan but because he does not play into their hands or try to show his impartiality, as some people in the country do, by directly trying to hit the Government in some way.

The credibility and reasonableness of the speech of the Minister for Finance may be judged by one single word. He says that the principle of this Bill is enshrined in another Bill. The principle of that Bill is damned already to a hell too low for the conception of Dante. Every other statement which the Minister for Finance has made is about equally near the truth. Listen to this statement: "It is no business of the Chair to prevent the House— by that is meant the majority of the House—stopping a debate when it wants to." That is the statement of the Minister for Finance. It is specifically the business of the Chair to prevent the House stopping a debate when it wants to, if—there is a Standing Order, No. 52, in spite of the ignorance of the Minister for Finance—it shall appear that such a motion is an infringement of the rights of the minority. It is the specific business of the Chair in such event to prevent the majority stopping the debate.

If it is the opinion of the Ceann Comhairle that the question has not been adequately discussed, it is the specific business of the Chair to prevent the majority closuring the discussion. If, in the opinion of the Chair, the motion is otherwise an abuse of the Standing Orders it is the specific duty of the Chair to prevent the majority stopping the discussion. Does anybody who has read the rules deny that? Yet you have the statement, made by the same man who said that the principle of this Bill is enshrined in another Bill, that it is not the business of the Chair to prevent the majority closuring the discussion. His sole function, specifically laid down in the rules, is to see that the majority does not closure discussion when in so doing it interferes with the reasonable exercise of the right of any single member of this House, whether he be of the majority or of the minority. The Minister for Finance said that it is the business of the Chair to prevent the gross abuse of the rules of this House by the minority. Show me the power in these rules, show me the power in the practice of this House, by which the Ceann Comhairle can prevent the continuous gross abuse of these rules by the majority. There is no such power. He says that the House can make Standing Orders. It can make a Standing Order preventing the introduction of this motion, and I do not care if it does. I do not care what the rules are so long as I know the rules and so long as a partisan in the Chair cannot alter these rules as and when he likes to suit the Party to which he belongs. I do not care what rule you put in. We had this question up before us when the House sent to the Committee of Privileges the suggestion that they should try and strengthen the rules to deal with Deputies who disrespect the Chair.

The Deputy is getting away from the motion.

Everybody is. I am giving examples showing that we can make Standing Orders, that this House can make Standing Orders.

We are not discussing that.

The Minister was allowed to make that statement.

The Deputy can reply to any statement which the Minister made, but he cannot discuss the whole question of Standing Orders and will have to keep to the motion on the Order Paper.

The Deputy is replying to statements made by the Minister for Finance. Surely that is in order?

The suggestion is that we should be bound by Standing Orders because they are made by the House. They are. We accept that, but we do not care twopence halfpenny what orders you make so long as they are not going to be varied, and so long as the Minister in possession of the majority is not allowed to get up and say to the Ceann Comhairle that it is no business of his under the rules to prevent the majority closuring a discussion when it likes. If that is to be the interpretation, if Ministers in possession of the majority are going to be allowed to say that to the Chair, we know that that rule is waste paper, that there are no "ifs," that the rules mean exactly what occurred, and that when the majority that controls the House gives an order to the Chair it shall be obeyed as literally as it was obeyed last Friday. We have drifted into the question—other people have been allowed to discuss it at considerable length; the President started it and Deputy Thrift followed the trail—whether or not we may discuss amendments, discuss the general body of a Bill after a particular amendment to that Bill has been rejected. That question arose with Deputy Morrissey in the Chair. It was a question to refer back an estimate, and an attempt was made to say that the decision on the referring back of the motion would decide the issue. I objected on the ground that the referring back was a thing which the Government could accept——

Will the Deputy tell me what that has to do with the motion on the Order Paper?

As much as the speech I am following. That is my difficulty.

Perhaps the Deputy would sit down.

Certainly.

It has nothing to do with either the motion or with anything that was said.

On a point of order. Several precedents were quoted here in the course of the discussion showing that there was a distinction between the closure being taken on an amendment and on the main motion. It is following up that contention, which was admitted so far to be within the rules of the debate, that Deputy Flinn is giving a further precedent.

As I understand what happened, the matter was mentioned in connection with last Friday's motion to give a Second Reading to the Bill and the amendment to it. I think it was first mentioned by Deputy Lemass. That was replied to by the Minister for Finance. All that was in connection with the debate on last Friday, and even that, in my opinion, is not in order.

Two other instances were mentioned.

We will pass from it. What are the specific reasons why, under the Standing Orders, the Minister for Finance, in possession of the majority, dares to tell the Chair that it must not operate? What are the reasons which are laid down in that Standing Order by which the Chair shall not allow the majority to decide why the debate must be closured? The question had not been adequately discussed. What is adequacy of discussion? What were the complaints that were made against government of this country by another House? That they had not time to deal with the measures, that matters which were of prime importance to us were merely incidental to them, that a day here and there given to the Irish Estimates was all that could possibly efficiently be given in the British House of Commons to Irish affairs. What are we here for but to alter that, to find time in which we can discuss, and discuss adequately and fully measures which do concern us? I hope that the suggestion will be placarded all over Dublin, that it will be made known to every citizen and elector of Dublin, that it is a minor Bill, that it is of so little importance that it could be rushed through, that it is an outrage on common sense to say that we should spend a week in discussing it. It is an outrage on common sense, an outrage on decency, on the efficiency of the Government of this country! The question of the size of the capital city of the country, the question of the government of the capital city of the country, the question of the qualifications of those who shall vote for that government, is so small and so trivial that it is an outrage on decency and common sense that a week of our Parliamentary time should be devoted to it!

Sixteen hours.

Oh, yes, sixteen hours. Was that adequate discussion? Ask the citizens of Dublin. Ask the citizens, you men from Clare, from Wicklow, from Wexford and from Leitrim who are to decide the government of Dublin, who are taking into your hands and moulding into a form to which they have to conform the government of their city. Ask them is it an outrage on common sense and decency, on efficient government to say that a week of parliamentary time in this House should be spent on it. Yet that is what the Ceann Comhairle said when he accepted the motion, which he had no right to accept unless the question had been adequately discussed.

Now, look at this placard. (Displayed.) There is where you discuss it. If it was adequately discussed here then why was that necessary? Was it adequately discussed in the Dáil, when the Minister, whose business it was to reply to that matter, had to go outside this Dáil, knowing that there was a question which had to be answered, a discussion which had to be completed—to go outside this Dáil where he could not be met by those whom he was attacking and answer specifically, word for word and point for point, the speech of the Lord Mayor of Cork, a Second Reading speech? Was it adequately discussed when that man had to find another arena in which to answer the Lord Mayor of Cork in relation to the efficiency and beauty of the principles that were enshrined in another Bill? What do you think of this? Surely, no one is going to suggest that the "Irish Independent" is your enemy, but surely an enemy hath done that. Another paper came out on Friday with "Big Fight; Sensational Developments," and the next one was: "Disorderly Scenes in the Dáil." How can any man have the face to get up and say that the discussion was adequate when the Minister himself declares in this straightforward, open, public manner that it was not adequately discussed, because he must at once answer somewhere else the speech which he could not answer face to face, made by the Lord Mayor of Cork in this Dáil. The Minister for Finance has told us that if the Ceann Comhairle had refused to accept this motion he would have been abusing his authority. If he had refused to accept this motion he would have been abused by his authority, effectively abused by his authority, and that is why he took in anticipation the order he has received tonight, that it is not the business of the Chair to prevent a majority of this House, under any conditions, ending a debate which a majority of this House thinks it is good, proper and profitable to have brought to an end even before the subject can be adequately discussed.

Complaint has been made and criticism has been offered of a statement by Deputy Lemass which, as near as I can paraphrase it, was that he was not here to censure or to say anything against the Ceann Comhairle. That proposition is supposed to require explanation and defence, and of course, as I adopt that statement, I am not here to say anything of censure of the Ceann Comhairle. The Ceann Comhairle is a man who does know the Rules. He is a man of ability and experience in the Chair. I personally have no reason to be prejudiced against him because at least twice a week some message of personal approval and admiration of myself comes from him to me. The last person to transmit that message was an archbishop, and two days before it was a London K.C. I personally have always sent back, along the same line as those messages came, and I hope they got there exactly, what I have said here, that in my opinion the Ceann Comhairle is the ablest, the most efficient, and the most effective Cumann na nGaedheal Deputy in this House. It is in that sense that I say I am not here to say one word in disapproval of the Ceann Comhairle.

I accept the statement made by Deputy Lemass. Deputy Lemass said in effect: "We have recognised as a fact, founded upon our long experience and brought to a head by this palpable and flagrant act of partisanship, that these are the facts, that we are being governed in this House and controlled from the Chair by the most effective and the most efficient Cumann na nGaedheal Deputy in the House, that he is doing his work well and earning every penny he gets." Let us recognise that fact. Every man who goes into the Division Lobby with us tonight is going into it to say deliberately of his own opinion that an effective and an efficient Cumann na nGaedheal tool is sitting in the Chair that should be the chair of a judge. We are prepared to recognise that; we are prepared to live under it, and work under it, and break it. You can come into the Lobby with us and you can say that, or you can go into the other Lobby and say that this farce and camouflage shall continued; that this pretence that we have a judge, when in fact we have a partisan, shall continue. Those are the two things which, in face of the facts, are the only things you can do.

The party opposite has voted a public and deliberate lie in this House before. They may do it again. But it will not alter the fact that the most efficient and the ablest Cumann na nGaedheal Deputy in this House is doing effectively and efficiently, more effectively and efficiently than any Cumann na nGaedheal Minister or back bencher, the work of the party to which he belongs under the guise and pretence of being an impartial chairman of this House. That is the issue quite clearly. As I said before, we are prepared that you shall make any rules, but we are not prepared to pretend to tolerate that these rules shall be doubtful in their meaning or in their interpretation. We are not prepared to pretend henceforth, except in so far as the power of the majority, exercised through its tool is effective, to regard the present occupant of the Chair as anything but a paid party hack.

I rise to a point of order. I think it is your duty to stop the use of language of that description towards one of the most impartial men not alone in the Dáil, but in all Ireland—the Ceann Comhairle.

Before Deputy Flinn leaves the House I want to suggest to him that the last expression which he used "a paid party hack" is an expression which, in my opinion, should not be used in the House.

He ought to be made to withdraw it.

I simply submit that the word "partisan" is in this resolution. That is exactly what I meant by partisan. If that is a disorderly expression of opinion I withdraw it.

Deputy Flinn is a very fine rhetorician. I am going to ask the House to come back from rhetoric to the facts of last Friday. I am also going to ask the House to come back from the spirit of the concluding remark of Deputy Flinn, to the spirit shown earlier in the debate by Deputy Thrift in one of the finest appeals that I have listened to in this House, to the spirit of the House as a whole. I for one would not remain for one instance a member of any Chamber in which it was accepted, as Deputy Flinn apparently is prepared to accept it, that our representative in the Chair was, in his elegant phrase, "a paid party hack."

Deputy O'Connell, earlier in the debate, said that he thought Cumann na nGaedheal Deputies should welcome this motion. I, for one, do welcome the motion, though not perhaps altogether for the reason which Deputy O'Connell suggested. I welcome it in the same spirit which Deputy Thrift already welcomed it, namely, that perhaps now that Deputies generally realise that there is, as the Ceann Comhairle indicated on Friday, an appropriate way of calling attention to any complaint which anyone may have to make against the Chair they may hereafter refrain from these disorderly and insulting interruptions of which we had too many examples last Friday, and of which we have had examples on other occasions. When we are invited to judge the conduct of the Ceann Comhairle everyone of us is bound to ask himself how he would have acted had he found himself in the place of the Ceann Comhairle. That seems a particularly appropriate question to be asked by Deputy Fahy, who has on various occasions himself occupied the Chair, and occupied it. I may say, with great dignity, great fairness and with complete acceptance from all parties. It is quite true that the President has reminded us that neither Deputy Fahy nor anyone else is invested with the power which falls to the Ceann Comhairle in respect to the closure. Nevertheless, it would not be difficult to imagine that some day, perhaps before very long, Deputy Fahy may find himself in the position in which he may be invested with all the powers and duties of the Chair. When that happens he will have to consider, when, perhaps, faced with a similar situation, whether or not he should grant the closure on an occasion such as that.

I think he will probably find that he will have to be guided by two or three fairly simple principles. He will have to consider, in the first place, not as a final, but as an important consideration, what are the precedents in the matter. He will have to consider also the character of the Bill or motion actually under discussion. Finally, he will have to consider the nature and character and length of the discussion which preceded the claim to move the closure.

I want to say one or two words upon these three points. If Deputy Fahy looked up the precedents he would find that, taking, for example, the present session, the Ceann Comhairle had, in fact, withheld his assent to the closure on three occasions when it was moved by the Minister, and had granted it on four occasions. He would also find that on the only occasion on which it was moved by a Private Deputy, he granted it—on a motion of one of the Deputy's own colleagues. I am not pressing that at all, but to that extent I think he would come to the conclusion that that was not the action of a partisan. If Deputy Fahy proceeded a little further and looked up other precedents to see the length of time which had been adjudged as duly suffucuent for Bills of certain importance here, and also in other assemblies, he would find some interesting information. He would find, for example, that the Second Reading of the Juries Protection Bill occupied twelve hours of the Dáil's time. He would find that the Censorship Bill occupied seven hours and twenty minutes, and he would find that the Game Protection Bill of the present session, which, after listening to something that had been said by Deputy Lemass, one would think would have taken a longer time than the Dublin Bill, occupied, on Second Reading, four hours and forty-five minutes. He would also find another rather interesting thing. That whereas the Dublin Bill occupied practically fifteen hours, the Cork City Management Bill was disposed of in less than four hours, and he certainly would be a very daring person who in this assembly would suggest that Dublin was a more important city than Cork. He would find other things even more remarkable, and I think decidedly pertinent to this issue if he pursued his inquiries as to what period of time was allotted for some of the most important Irish measures in the House of Commons.

If he looked up the debate on the Second Reading of the Irish Land Act, 1903, he would find that the time actually occupied by the Second Reading debate was three Parliamentary days, almost exactly the same period as was allowed here for the Greater Dublin Bill. If it be said, as Deputy Flinn said, that that proved nothing, because, of course, our complaint always was that we did not get sufficient time for Irish Bills in the House of Commons, let me point out this: That this was a Bill of a very unique and peculiar character. It was a Bill which revolutionised the entire land tenure and pledged the credit of the taxpayer of the United Kingdom to an unlimited extent. Consequently it was not purely of Irish interest.

Now there were six hundred odd members of the House of Commons. There were 105 Irishmen, and the debate, as I said, occupied three days. It was suggested the other day, and it has been suggested here to-day again, that there exists a right in a member to be heard in a particular debate; at any rate in relation to the Dublin Bill that a special right to be heard attached to Dublin Deputies. Just conceive what that would mean in regard to the Irish Land Bill of 1903. There were 105 Irish members of the House of Commons. Imagine no English member taking part in the debate; there is no question whatever that every Irish member, Nationalist or Unionist, was vitally and immediately interested in the fate of the Bill. Imagine how many days it would have taken if every Irish member of the House of Commons on that occasion had insisted on his right to take part in the Second Reading debate of the Bill of 1903.

I take another case, and that is the Home Rule Bill of 1912, and that will illustrate another point that I think it worth while making. What period of time was occupied in the debate on the Second Reading of the Home Rule Bill? The Second Reading debate occupied seven days, not much more than twice as long as was occupied on this Greater Dublin Bill. Here we come to what I think is an important matter and which is the last point that I desire to make, and that is, the character of the Bill. In the Home Rule Bill, you had a Bill which is almost the exact opposite to a Local Government Dublin Bill. It was a long, complicated measure. If you had taken every single clause out of that Bill, except one, the objection on principle would have remained. Our Second Reading debates are essentially directed to matters of principle. You could have taken out all the clauses and you could have turned the financial clauses on their head; you could make any arrangement you pleased, but so long as there remained in that Bill one single provision, namely, that there should exist in any shape or form a parliament in this country with an executive responsible to it, so long would the objection of a powerful opposition be persisted in. Consequently, it was not a Bill which could really be dealt with on Second Reading, but the Second Reading of it was obviously a vital stage. Yet, when the closure was moved at the end of what was in effect a parliamentary week, I have no recollection—although at the moment the most bitter feeling existed between the two sides—there was ever a suggestion that in accepting the closure upon that Bill the Speaker of the day was acting in a spirit of partisanship.

[An Ceann Comhairle resumed the Chair.]

Let us look for a moment at the nature of the Dublin Bill and consider it. I listened carefully, not to the whole of the debate, but certainly to the greater part of it, and I can only discover this. The principle of the Bill, it appears to me, is that you should substitute for commissioners a council and a manager. If that is accepted, all that remains, to all intents and purposes, are matters that can be only satisfactorily dealt with in Committee. So far as I heard, nobody has said that we do not want the Bill at all, same as was said with regard to the Home Rule Bill. I listened with great care to Deputy French, who made the most powerful speech, in my opinion, against the Bill, but my recollection is that he was very careful to say that he did not object to the principle of the Bill.

What many people objected to was the allocation of the powers and duties as between the Manager and the council. What other people objected to was the area to be taken in; others objected to the creation of a separate borough, and some others to the creation of a special commercial register. These are points that are clearly intended for the Committee Stage. Therefore, whether we look at the matter from the point of view of the length of time occupied or from the nature of the Bill itself; the character of the debate which preceded the Closure Motion, or from the nature of the opposition and the character of the opposition, I have come to the conclusion that no case has been here made out in condemnation, sir, of your action.

My interest in the Bill was originally that of a person who had a watching brief on behalf of a large city elsewhere, namely, Waterford. It brought home to me how inadequately the Bill had been discussed when I felt the importance of it in its application to large towns in Ireland. The Bill was of the very greatest possible importance from that point of view. It was important because of the enormous amount of money which was involved. I think there was something like £4,000,000 mentioned as being the amount of the loan to the Dublin Corporation which would be transferred under the Bill. From my point of view I was mainly concerned with the principles involved in the Bill, especially with reference to the Manager. After listening to a discussion on that Bill I felt that any of the towns in Ireland would be mainly interested in the question of the Manager. What was in my mind at the time the closure was moved was—where exactly is the line of principle to be drawn in this Bill and the powers given under it to be set right on amendment and how far is it a Bill which is incapable of amendment. I felt that I was in this position, that something was going to be put over on us where we would not be able to get what we wanted otherwise by amendment at all. In this House, on several occasions, we found that the amendments that we wished to move to particular Bills were not such as could be moved within the principle of these Bills. That was one of the matters that I wished to see cleared up in the course of the debate. The closure prevented that from being done.

I need not go over the points that have been already dealt with, but I would like to point out in answer to the Minister for Finance that if he considers the measure a minor measure which involved a Commission on the Greater Dublin Scheme which lasted a considerable time, which accumulated an enormous bulk of evidence taken before it, and which subsequently took the Government with all the machinery at their disposal a period of three years in which to draft a Bill, after which the public gets only a fortnight to consider it, then he must have a peculiar conception of what a minor measure is. A Bill that has taken all this time in its preparation is being rushed through this House after three sittings. Deputy Law has drawn analogies from the House of Commons in England. I certainly think that if at the time these very instances had been quoted to show how completely disarmed we were, how lacking we were in the matter of self-government, we could not have got better examples than in these examples that Deputy Law has given us. His examples were unfortunate because they will bring home to a number of people who heard his arguments or read them in print that we are on a similiar footing or on the same footing as if we were still under the rule of Westminster.

Deputy O'Connell's action is one which I find very difficult to understand. He pointed out that the Ceann Comhairle had been wrong in allowing the measure to be closured because the House understood that the Minister was going to reply. Apparently the Ceann Comhairle had had plenty of time to consider the matter. The Minister for Finance pointed out that when moving the closure he always let the Ceann Comhairle know beforehand and apparently the House knew beforehand that the closure was going to be moved. We must presume that the Ceann Comhairle also knew it. No plea has been put up that he was taken unawares. It must have occurred to the Ceann Comhairle, therefore, that the House was under the impression that the Minister for Local Government and Public Health was to reply. Our case is based entirely upon the terms of the Standing Orders. If the case made against our contention is correct, if Deputy Thrift is correct in his interpretation of the Standing Orders or as to what he believes is the proper conduct of the Chair, then Standing Order 52 should not be there.

Obviously the duty of the Ceann Comhairle is to protect the minority against a decision being rushed by the majority in the House. In carrying out that function he is not merely protecting the minority in the House but he is protecting the rights of the people outside the House. He is giving the people outside the House an opportunity of considering adequately a measure by seeing that it gets adequate discussion inside the House. It is with the people outside the House that I am most concerned. There is a very considerable change of opinion in the country and that change of opinion is due largely to the jackboot methods of the Government, to their methods of dealing with the ordinary citizen. We might wish or like to deal with this matter in a gentle way, but the general public outside would say that we were fooling in this House if having put down that motion we should withdraw it and not press it to a vote. I believe that the general public think as we do about this—that we are protecting the rights of the country itself in so far as we are trying to assert the rights of the minority in this House.

Tennyson's babbling brook.

If the Ceann Comhairle held that the closure on the amendment was entirely a different action to the prevention of speeches upon the main issue of the Second Reading, then he condemns his own action in preventing these speeches being made, because, according to his own ruling, the closure did not affect the main issue.

Will the Deputy quote the Ceann Comhairle's ruling on that matter?

I am referring to what you said to-day. I understood from your ruling to-day that you regarded the amendment and the episode which surrounded the amendment as being one completely distinct and separate from the subsequent ruling. Our contention was that the two should have been considered as one motion. Our contention was that we were entitled to discuss both these episodes as being ruled by the closure. If our contention was not correct, then you were not entitled to prevent discussion upon the main question after the vote had been taken on the amendment. That is my argument.

I do not wish to delay the House on this discussion. I will, however, say that there is a very big change in public opinion in Ireland about the Government. There are many Deputies opposite to us who want to see fair play in this House, and who do not want to see themselves put wrong with the public outside. I advise them when they come to vote to consider rather the outside public and their judgment upon the rushing of this Bill, and the parties who have been parties to the rushing of this Bill, than any of the niceties of the game as played in this House.

I would like to preface the few observations I wish to make on this motion by giving my experience of the conduct of the Ceann Comhairle since I came to the House. I have expressed the opinion to other Deputies, and possibly I have also expressed that same opinion to the Ceann Comhairle, that if I had a fault to find with him in the conduct of the business of the House it is that he, as a rule, allows too much latitude to the members. I think that if this motion does not do anything else except to draw attention to the necessity of keeping speakers to the subject-matter under discussion and enabling the Chairman of our Assembly to rule with, perhaps, a little more of the stern hand in the future, it will have done very much good.

I am one of the aggrieved parties of Friday last. I want to keep within the bounds of the motion, but I must candidly admit that I was astounded when I heard the Minister for Finance moving the closure. I must also admit frankly that I was rather surprised the motion was accepted. I felt annoyed and I went into the Lobby against the closure motion. I will say that it is the first time that, in my opinion, I have differed with the ruling of the Chair, but even though I did differ with that ruling, I certainly, for one, am not going to go into the Lobby to vote that the Chairman of this Assembly is a partisan. I possibly have said enough. I do not want to express my opinion about the tactics adopted by the Government, because that does not form part of this motion.

Saddle the right horse.

We probably will have another opportunity of discussing that later on; possibly when the Committee Stage is reached there will be something more to be said on that matter. I prefer to take the line adopted by Deputy O'Connell whose amendment was under discussion when the closure was moved. I think he took the proper and dignified course in dealing with the motion on the Paper. Suffice it to say that, in my opinion, the moving of the closure motion on Friday was not creditable to the Government. I will also say that the manner in which protests were made against that were certainly not edifying to the members of this House.

There was a reason why the protests against the closure motion may not have been, according to Deputy O'Hanlon, edifying. The people on these benches felt that they had a certain grievance which must be aired in some other manner than was available hitherto in this House. Since we have come into this House we have not been able at all times to see eye to eye with the Ceann Comhairle and, of course, the Ceann Comhairle has not been able to see eye to eye with us on certain matters, individually, not collectively. Speaking as one of those not aggrieved personally as regards the constituency I represent, I must say I sympathise with those people who may have been aggrieved as regards their Dublin County or City constituency. Every person who thought he had anything to say on this particular subject should have got an opportunity of saying it. This is the capital of the country and those who represent it would like to have the same opportunity for discussing the welfare of the city as I or any other Deputy would like to have in order to discuss the welfare of our own constituencies. What applies in this case to Dublin City might in the future apply to towns in any other constituency in the Saorstát. Those Deputies who wished to discuss this Bill felt they were aggrieved because they were not given an opportunity to discuss it at proper length.

The Closure Motion was moved by the Government. It was moved several times before and we strongly objected to it. There were many days and weeks when more work could be done in this House than was done in it. There were many holidays. Nobody could convince me that we are so short of time that we should confine ourselves to a few miserable hours in discussing a Bill that relates to the capital city of this country, to a measure that may be of vital interest in years to come to the inhabitants of this city. On a measure like that, discussion should not be confined to a few miserable hours. Deputies owe a duty not only to this capital city but to the country as a whole. The country as a whole owes a duty to its capital city.

Would the Deputy come to the Ceann Comhairle, please?

I do not want to come to the Ceann Comhairle too personally. I have been talking about the motion. At all times and in all places you have made it your duty to see that we do not overstep the bounds. I give you credit for this, that you never let us overstep the bounds if you can possibly help it. I have never given you cause to pull me up. I will take particular, damn good care that you do not, because I will say what I want to say about my constituency.

The Deputy cannot say his say about his constituency on this motion.

I know that.

Would the Deputy sit down for a moment? There is no necessity for the Deputy to indulge in strong language about his constituency, or even about the capital city. There is no necessity for him to be personal about the Ceann Comhairle.

I was not.

I quite agree, and I was not inviting the Deputy to be personal about the Ceann Comhairle. Perhaps the Deputy could say something about this motion if he addressed himself to it. The motion is directed to the Ceann Comhairle. Up to the time that I intervened, the Deputy had not said anything at all about the Ceann Comhairle.

If the Ceann Comhairle had not interrupted me, I would have finished up what I had to say in two or three sentences. What I want to say is this: that I object strongly to the action of the Government and the action of the Ceann Comhairle. As far as this motion is concerned, I am with it heart and soul.

If the Deputies on the far side set out in their motion to prove that the Ceann Comhairle was partisan in his action on Friday last, the only evidence of that that they have brought forward up to the present is their reiterated belief that he was so. In passing away from that to Deputy Flinn, the Deputy, in very strong language, so strong that it had to be withdrawn, accused the Ceann Comhairle of not only being a member of the Cumann na nGaedheal Party, but of acting as such in the Chair. The Deputy's words were to the effect that the most effective and efficient Cumann na nGaedheal Deputy was sitting in the Chair in which there should be a judge.

On a point of order, is it permissible, even for a Minister within the House, to refer to words that have been withdrawn?

Are these the words that were withdrawn?

I am sorry.

These words were not even near the crescendo. It is a pity that the Fianna Fáil Party arising, say, out of the grievance which they feel, out of their incompetence to realise what that grievance is, to know what happened exactly on Friday, their incompetence to set down a motion that would afford an opportunity for discussing their grievance, should start to look around for something to break. That is the line which speeches delivered on the opposite side have taken. Turning to the line pursued by Deputy O'Hanlon and, to a certain extent, by Deputy Carney, let us see what opportunity Deputies have for discussing Bills. Bills are discussed in this House on four different stages—Second Reading, Committee, Report and Fifth Stage. Deputies who follow that line of argument must show the House in regard to what class of Bill, which had been under discussion for three parliamentary days, it would be possible for the occupant of the Chair to refuse to accept a motion for the closure of debate on it. Let us see what class of Bill there is in which in common reason such a motion could or should be refused by the Chair, and whether the Bill under discussion on Friday last was of that particular class. That is the only way out for a discussion that will prove that the Ceann Comhairle acted in a partisan way.

With reference to the statement of Deputy Flinn, a statement of a very strong kind as I said before, that the occupant of the Chair has been acting, and that he will always consider that he is acting, as a Cumann na nGaedheal Deputy rather than anything else, I would like to recall to the House the position of the present occupant of the Chair since he came into the House. On the 19th September, 1922, a motion was made by Deputy Ernest Blythe that Deputy Michael Hayes be elected Ceann Comhairle. The question was put by the Clerk and agreed to. In September, 1923, the motion was made by the President: "Go dtoghfar Mícheál O hAodha mar Cheann Comhairle." The question was put by the Clerk and unanimously agreed to. The election of 1923 was the last election at which the present occupant of the Chair faced any constituency. He then went before the electors of the National University constituency as a member of the Cumann na nGaedheal Party. Deputies may have an objection to anyone associating himself with the Cumann na nGaedheal Party, but there is that particular type of objection.

So detached had the occupant of the Chair to keep himself from political matters during his occupancy of the Chair that, in the spring of 1927, the Constitution Amendment (No. 2) Act was passed. It was passed on the 19th March, 1927. That change was made in the Constitution after full consideration of the matter by the House. The effect of that Act was that the occupant of the Chair, on the dissolution of one Dáil, automatically became a member of the next. That Act was passed because it was felt that his duties in the Chair divorced him completely from political work. The Dáil divided on the Second Reading, and it was passed by 46 votes to 21, the 46 votes including members of different Parties. The Fourth and Fifth Stages of that Bill were carried unopposed, so that the completed conviction of the House passed the Bill making the Ceann Comhairle, on the dissolution of one Dáil, automatically a member of the next. The new Dáil met on 23rd June, 1927, and the President moved that "Deputy Michael Hayes be elected and do now take the Chair of the Dáil as Ceann Comhairle." The question was put by the Clerk and agreed to unanimously, amongst those agreeing being the Deputies on the far side.

In June, 1927? The Minister is wool gathering.

It was unanimously resolved then that Deputy Hayes be elected to take the Chair as Ceann Comhairle. We now come to the 11th October, 1927, when the Deputies opposite were here, and when the President moved that "Deputy Michael Hayes be elected and do now take the Chair as Ceann Comhairle." The question was put and was passed unanimously, so that the present occupant of the Chair, after some experience of him, was unanimously re-elected to the Chair, the Deputies on the far side joining in that unanimity. Not to stretch it further than it can be stretched, the summer of 1923 was the last time on which he had political connection with any party, and his severance was so complete that the general position of the occupant of the Chair was recognised by the House as completely divorced from Party politics and from Party. It is regrettable that Deputies on the far side, through their own incompetence, could not hit out at what they want to hit at at the present moment.

We would not be allowed.

They would not be allowed inside the terms of the motion, but I suggest a motion could be framed so that they could hit at what they wanted to hit inside the terms of that motion.

Is the Minister looking for more trouble?

It is regrettable an institution should be hit at in a vital point——

By a closure motion, is it?

The Government is the wicked genius in a lot of these things and the Deputies on the far side, instead of making arrangements to hit at what they want to hit at, are hitting in a vital place at an institution. Deputy Derrig confessed he had rather qualms of conscience about allowing a motion like this to go down on the Paper, for he understood it was not right, but unfortunately he allowed himself to look around for arguments and for odd words which were an acceptance rather than a disapproval of the motion. Deputies should not attempt to label the present occupant of the Chair with any particular Party label, for the evidence goes back to 1923 to show that he cannot be so labelled. If Deputies, failing to show that the Ceann Comhairle has been partisan, would take an interest in their own education they will attempt to show in regard to what class of Bill that had three parliamentary days' discussion, permission to move the closure could be refused by the Chairman.

The authority of this House to pass legislation in the interests of all the citizens of this State was challenged, and it was only formally and clearly established as a result of a lengthy and expensive civil war. It is, therefore, only right that the people of this State should expect that their elected representatives in this House should have the opportunity on all occasions and on all matters of national importance of voicing their views on matters that come up here from time to time. I am one of the Deputies in this House who on every occasion when the Chair concluded that its authority had been challenged, and when on other occasions it came to the conclusion that disorderly and insolent remarks had been made, consistently voted for the suspension of the Deputy or Deputies concerned.

I claim, therefore, having done these things, to have as much respect for the rights of the Chair as any other Deputy. The President, in defending the action of the Chair in accepting the Closure Motion credited the Opposition Party with Deputies whom they did not claim to be on their side in this matter. He has credited the Opposition Party with the speeches made by Deputy Murphy and Deputy Good, for instance, who occupied seven columns of the official journal in objecting to this Bill, and who subsequently went out into the Lobby and refrained from voting for it. The President contended, and also other Ministers who have spoken, that the matter had been adequately discussed, and they expressed the opinion that a number of obstructive speeches had been made during the course of the debate.

Was the President aware of, or was he in the House listening to, the speech of Deputy J.J. Byrne, who occupied fifteen columns in the Official Debates in his speech against the Bill, which he subsequently voted for. If there is anything one could term obstruction it is the speech of that Deputy who occupied fifteen columns of the Official Debates speaking against the Bill for which he voted. If that speech was not obstruction I do not know what it could be called. I cannot understand why he should waste the valuable time of this House and the patience of its members in carrying on in that way. I take the line in this matter that Deputy O'Connell has indicated. Although I agree that the rights of the minority were infringed by the action which you, sir, took at the instance of the Minister for Finance, still I cannot bring myself to say, for I have no way of proving it, that your action in doing so was partisan. The Minister for Finance stated that no new or novel principles were introduced in the measure which was under discussion for two and a half days. If the reintroduction into this country of the Grand Jury system of voting is not a new and novel principle I do not know what it is. I think Deputies would be well justified in taking up more time in showing why that system should not be introduced as part of the local government system in this country.

The Minister for Finance also stated that the Opposition—and presumably he included the members of the Labour Party—wanted power to carry on an unlimited discussion on the Second Reading of the Bill. As far as members of this Party are concerned, they had decided that only members who had experience of local government affairs should take part in the discussion. Only two of the twelve members of this Party that were present during the three days of the debate took part in it, and it was the intention of Deputy Corish, who has more experience of local government affairs than most of the Ministers, to take part.

Would the Deputy say that any members of the Labour Party offered themselves to the Chair except the two members who were called upon?

I was informed by a private Deputy that the Closure Motion was to be put to the House, and he expressed delight that such action was to be taken at or before two o'clock. As soon as I was made aware of that fact I thought it my duty to mobilise the small number of men that I am responsible for keeping present here, and I took the necessary action. I came to the House immediately, and learned from Deputy T. Murphy that he was going to take part in the discussion —not at my request.

What the Chair would like to know is, whether up to the time that the Chair was asked to accept the motion, "That the question be now put"—whether during the debate on Wednesday, Thursday and Friday up to 1.25 p.m. —any Labour Deputies, other than Deputy O'Connell and Deputy Anthony, offered themselves to the Chair?

I could not say that they did.

I know of no practice hitherto followed in this House which would impose on some member of this Party the duty of conveying such intimation to the Chair.

What I meant by offering themselves to the Chair was rising in their places and thus intimating to the occupant of the Chair—as a matter of fact, the Ceann Comhairle, the Leas-Cheann Comhairle, Deputy Thrift or Deputy Fahy, all occupied it at various times during the debate—that they wished to speak. No member of the Labour Party, I understand, offered himself at any time except Deputy O'Connell and Deputy Anthony.

I cannot say that they did but I can state positively that it was the intention of Deputy T.J. Murphy, Deputy Padraig O Hogain (Clare) and Deputy Corish (Wexford), to take part in the debate. Had we been informed by any of the Whips that it was the intention to move the Closure on Friday last I would have endeavoured to persuade Deputy Corish, with your consent, to take part in the discussion. The action which was taken by you at the request of the Government— and the Government are responsible as far as I am concerned—was an action which was never taken in the same way in this House on any important discussion before. It was always conveyed through the representatives of the parties concerned to a member of the Committee of Procedure and Privileges or through the Whips, and an attempt was made to arrive at an understanding regarding the length of discussions on particularly contentious matters. I might refer to the attitude adopted and the arrangements made to which this Party has always consented, in connection with the length of discussion on the Estimates. If the action of the Minister for Finance on Friday last is intended to terminate the harmonious arrangements that have been carried out previously with the consent of the Whips, in connection with discussions of the various estimates, I promise the Minister that he will get a warm time from Deputies on these benches on the Estimates. I hope the chief Government Whip will tell the House where he stands before this discussion ends. I pay tribute to the chief Whip of the Government Party as the individual mainly responsible for inspiring the Minister for Finance in connection with what happened last Friday.

We must get back to the Ceann Comhairle, not the Minister for Finance.

I submit that the matters I am referring to were discussed and referred to by Deputies who spoke before me. Deputy Flinn got a very wide range for his views during your absence from the Chair, and he said things which I desire to disassociate myself from. As I said, Deputy J.J. Byrne——

Deputy J.J. Byrne has nothing to do with it.

He is going to speak for himself.

He has created a conundrum.

To be in order the conundrum should have been created by the Ceann Comhairle.

As to whether the rights of the minority were respected in the debate that took place previous to the motion moved by the Minister and accepted by you, the position was this: the division that took place as the result of the Closure Motion proved that there were 129 members in the House. Most of them, I take the liberty of saying, were in the vicinity of the House during the two and a half days' debate. Two members, Deputy J.X. Murphy and Deputy Good, who between them occupy nine columns of the Official Reports, went out to the Lobby and took no part in the vote. I mention that to show that there were 131 Deputies in and around the House last Friday out of an available 152. Do you suggest that twenty-one votes out of 131, taking all things into consideration—the seriousness of the measure, the number of sections in the Bill—is sufficient to make it clear that the rights of the minority have been properly and reasonably respected? I suggest that your acceptance of the motion moved by the Minister was, by inference at any rate, an agreement with that idea.

Speaking for myself, I agree with the line taken by Deputy O'Connell that your action in accepting the motion moved by the Minister for Finance was an error of judgment. You cannot say, sir, that I hold any view other than one of the greatest possible respect for you and for your position in the Chair, and in the future, as on previous occasions, whenever the Chair is challenged on any matter, whenever any disorderly remark is made by anybody, no matter from what party it may come, I will always stand for respect for the Chair, because if we have not respect for the Chair the proceedings of the House are turned into a farce.

We hear a good deal in the country from Ministers about the powers of the people to make their own laws. The powers of the people under the Constitution, democratic as it is, are limited if you, in your judgment, when the occasion offers deprive Deputies from taking part in the debates in the way in which they should. As I say, I agree with the line that Deputy O'Connell has taken, and I am personally of the opinion that you did not give due and proper consideration to the rights of the minority parties when you accepted the motion; but I certainly would not go so far as to say that your action was partisan, and in voting against this motion I want to make it quite clear that I dissociate myself entirely from the abusive and insolent remarks hurled at you on Friday, and from the remarks which were made to-day, particularly by Deputy Flinn.

Deputy Little remarked that if the Fianna Fáil Party were not to press this motion to a division people outside would say that they were fooling the country. Putting together the speech made by Deputy Lemass earlier in the evening and the speech made by Deputy Little, I can only come to the conclusion that if the Fianna Fáil Party are not fooling the country in pressing this motion to a division, they are fooling themselves. Deputy Lemass's chief point was that the Ceann Comhairle was the nominee of a party, that he was elected by a party majority, and that he was kept in office by a party majority. If the Fianna Fáil Party really believes that the Ceann Comhairle acts as a party nominee, and acted as a party nominee last Friday in accepting the closure, what point is there in appealing to the same party majority which keeps the Ceann Comhairle in office to pass a motion, which it is quite certain in advance will not be passed, condemning the action of the Ceann Comhairle? I suggest that when Deputy Little says that unless this motion is pressed to a vote of that party majority the country will consider that it is being fooled, that speech is turned into absolute nonsense by the speech which Deputy Lemass made before him, and that Deputy Lemass's speech is equally turned into nonsense by Deputy Little's. Deputy Davin put his finger on the real point of complaint in this issue. The real point of complaint was that there were 130 Deputies out of a total number of 153 here on Friday. The Fianna Fáil Party failed, for some reason or other, to have their full strength present.

Seven of them were ill. It is a pity that you cannot cure them.

I am not inquiring into the reasons——

No, you are only suggesting things by innuendo.

I am not making any disgraceful suggestions, and I do not think what I said could be called an innuendo. Seven members of the Fianna Fáil Party were not present on that day, so that Fianna Fáil could not put up as good a fight against the Government as they might have done. Having come into the House to play the game according to certain rules, the Fianna Fáil Party played the game up to a certain point, and when the game was going against them they turned round and abused the referee. Their action was like that of very petulant children who are invited to play a game of football but tire in the middle of it and say that because they are not strong enough to beat their opponents there is something unfair about the whole thing.

What the Ceann Comhairle had really to decide on Friday was not whether the Bill had been sufficiently discussed, but the previous question, whether it was right that the House should have an opportunity to decide if the motion had been sufficiently discussed. When a pronouncement was made by the vote of the House that the motion had been sufficiently discussed, then if there was any infringement of the rights of the minority that infringement was made, not by the Ceann Comhairle, but by the majority of the House. The Ceann Comhairle's function was limited simply to deciding whether, in a certain set of circumstances, it was right that the House should be given an opportunity to vote. That decision is a decision the limits of which must have a very narrow range. The Ceann Comhairle can hardly be expected to go into the rights and wrongs of every debate, to discuss the character of every Bill, or to make up his mind whether or not a Dublin Bill is more important than a Cork Bill. He has to take a certain broad fixed line, which is the same for one Bill as for another; he has to make up his mind simply and solely whether the House may now decide to terminate the discussion or not, and in doing that I suggest that he must, by the very nature of the case, be bound by no other than the most limited and rigid considerations of fixed procedure. I suggest that in doing what he did on Friday the Ceann Comhairle was only carrying out what has been the tradition of the House all along. When a request is made that the House shall decide as to the continuance or not of a discussion, unless to grant the request would be a flagrant breach of the rights of the minority, the Ceann Comhairle normally cannot decide of his own volition to refuse to allow the House to vote, because if the Ceann Comhairle refuses to accept a closure motion what he does is to refuse to allow the House to vote.

He has done it before.

I do not remember the exact circumstances but they were circumstances in which certain very narrow and limited considerations of procedure dictated his course of action to him. He was not influenced in his previous decisions by the character of the Bill, or by the speech of Deputy J.J. Byrne, or by any other considerations of that kind; he could only have been influenced by those narrow considerations which apply as much to one Bill as to another. In actual fact, when a complaint is made that the minority was deprived of its rights on last Friday, the same complaint could equally have been made by the majority. There were a number of Dublin Deputies on this side of the House who intended to make speeches on the Bill, and who were equally deprived of their rights in voting for the closure. But the point I want to make is this, that the deprivation, if it occurred, was the act, not of the Ceann Comhairle but of the majority by its vote, and the Ceann Comhairle had no option under the ordinary traditions of procedure but to allow the House to decide for itself whether it should go on with the debate or not. The real problem before the Opposition seems to me to be that they have not made up their minds to realise that they are a minority and that a minority has only certain limited powers of action in a House of Parliament. The minority cannot expect, when a vote is taken, that the Ceann Comhairle will do something to put them into a majority, and that seems to be very much the position of the minority in this House. When a vote is taken and they do not like the result, or are angry about something or other, they immediately proceed to denounce the Ceann Comhairle in all the moods and tenses. They do not realise that there is a certain limited sphere of action in which they can do work in this House, and very effective work, if they choose to do it. I believe that if certain members on this side of the House had been on the other side the Bill would have found much more difficulty in getting a second reading. But it passed largely because a certain number of the Fianna Fáil Party sat down, wrung their hands because they were not given an opportunity to speak, and blamed the Ceann Comhairle for it.

Do you advance that as the reason why the Bill was carried?

I say the Bill had a much easier passage than it would have had if the Fianna Fáil Party had not decided to sit down, wring their hands, and call the Ceann Comhairle names instead of doing something. The Fianna Fáil Party cannot get it out of their heads that they are the people of Ireland and that what they say goes, and they cannot get it out of their heads that here as well as outside they have to obey, like everybody else, the decisions of the majority. Until the Fianna Fáil Party get into their heads that in this House as well as outside it they must accept the majority rule, there is no use in sitting down, wringing their hands, and calling the Ceann Comhairle names.

As one of the County Dublin Deputies, I certainly do protest that I was not given an opportunity of speaking on this Bill, and I think that you will agree, sir, that my protest is reasonable, because you will realise that I am not one of those who take up a great deal of the time of the House, as the President said, in order to appear on the records as having made a speech.

Deputy Redmond said that the Dublin Deputies had no particular right to voice their opinions on this Bill more than any other Deputies. That is certainly not so, considering that we who are elected for the city and county of Dublin have been receiving deputations from various representative bodies, which protested as vigorously as any public bodies could protest against this Bill, urging upon us to vote against the Bill and to express our opinions as strongly as possible against it. On that particular question out of a total of 23 Deputies who were elected to represent the city and county of Dublin only seven spoke, notwithstanding the fact that we were petitioned from public bodies to use every effort to see that this Bill should not go through. It was stated by some speaker here to-night that 21 Deputies had spoken on this Bill. That is not so, because although 21 Deputies actually did speak, 21 did not speak on this particular Bill. If you remember, Deputy Myles Keogh, although he spoke, did not mention the Bill good, bad or indifferent. He merely got up to whitewash President Cosgrave and Deputy O'Kelly. He said they were great ornaments to the old Dublin Corporation. Deputy McKeon also spoke, but instead of speaking on the Greater Dublin Bill he entertained us to a speech on the Greater Boston Bill, so I do not think that those speakers should be counted amongst those who spoke on the Bill.

I think 21 spoke, exclusive of Deputy Myles Keogh. Deputy Myles Keogh made an intervention. The Deputy is right about Deputy Myles Keogh, but 21 others spoke, including Deputy McKeon, of course.

I was checking over the numbers and my numbers corresponded to 21. The Minister for Finance, speaking here to-night, told us that after all it was a reasonable thing that this debate should be concluded in a short time, because it was only a Bill of minor importance. That seems to me to be a most extraordinary statement from the Minister considering that the Commission to deal with this subject was set up in 1924. They went to the trouble of holding 40 meetings. They issued their report on 29th November, 1926, and exactly 12 months later, when the Minister was pressed as to when we would hear about the Greater Dublin Bill we were told that the Executive were still busy examining the Bill and that their examination was not yet complete.

I find it took the Government, those great supermen we always hear so much about, exactly 39 months to produce this Bill, and after all that and the work of the Commission the Minister for Finance announces to the country that it is only a Bill of minor importance, and we, who only have ordinary intelligence, are expected to deal with this Bill in the space of what is called a Governmental week. I merely want formally to lodge my protest. I consider that those of us who have been intimately connected with the City and the County of Dublin certainly could have given some information on this particular Bill which could not be expected from those who have no connection whatsoever with the city or the county. The Minister for Local Government, I think, knows personally that I have definite opinions about certain very serious things in the county which require immediate remedy. I think I should have been given an opportunity of expressing my views on the subject.

You, sir, asked Deputy Davin when he complained that a number of Labour Deputies were not given an opportunity of speaking, did they offer themselves to the Chair, and he was not sure whether they did or not. I may say that I sat here during the whole debate, with the exception of the time occupied by my meals, and receiving a deputation, and I did not get an opportunity of offering myself to the Chair. When the closure was moved, our leader, Deputy O'Kelly, informed you that three of us had not spoken and were anxious to speak. I merely say that in reply to your question as to whether we offered ourselves to the Chair or not.

With reference to Deputy Tierney's remarks, he said we came in here and that we did not yet realise that we were a minority, that we came in here to play a game, and that having played that game up to a certain point, and having seen that we were losing, we blamed the referee. I say if any team were playing—I certainly think it a comparison with last Friday's proceedings— and found that, as soon as their opponents scored a goal, the referee declared that it was too dark to continue the match, I certainly would not blame the team for lynching him.

President Cosgrave told us that the real purpose of the debates here was in order to put forward the pros and cons that we might come to a proper decision before voting. I may remind the President that his contribution to this particular debate, as has been remarked by many people who read the evening papers, was not a discussion on the Greater Dublin Bill. He occupied a great deal of our time telling us a whole lot about Mr. de Valera and the new paper he is about to start. What connection that had with the Greater Dublin Bill I fail to understand. I therefore formally protest against the action of the Chair in preventing those of us who were anxious to speak on Friday last from speaking.

When the President alternates between jocularity and jogging along the bye-ways we always know he has a bad case. He did it very much this afternoon. He indulged in casuistry whenever he referred to the motion before us, and as far as possible he kept to the bypaths. However, he threw out one sentence which I hope he carefully considered and which I do trust he realises the significance of, because it was repeated in other words by three other Deputies on Cumann na nGaedheal benches. I shall come to them in a moment. We had from Deputy Thrift a disquisition on procedure and order, very eloquent but, to my mind, somewhat irrelevant. We had from the Minister for Local Government, as from an expert I presume, a lecture on incompetency. He did not tell us what we should have done, though he evidently intended to do it. He forgot the business on hand. The duty of the Ceann Comhairle, the President said, is to keep order and see that the business is done. I do not think the President or anybody else will deny that in preposing this motion I said that the first duty of the Ceann Comhairle is to see that the business is done here and to protect the majority, but in this particular case there was no urgency in the matter and the majority did not require protection.

I wonder why there is an idea here that the Bill must be got through in two or three days. I do not like, of course, to compare this mighty Assembly with such an insignificant institution as the Parliament of the French nation, but a Deputy there recently took eight consecutive days and nobody moved that he should be closured. Of course, we cannot fritter away time in that fashion, being an important institution, having to deal with the mighty problems of three millions of people. The phrase used by the President was this: "The majority leave the Ceann Comhairle little option." It was repeated by Deputy Tierney and others in another form—that the House decides and not the Ceann Comhairle. I submit that is casuistry, that there is a dangerous doctrine there. Heaven forbid that there should ever be a majority here or a Government who would use a party majority to suppress its political opponents now or at any other time, but it is a possibility that may arise, that they would have a party who would vote as they were told irrespective of the merits of the case. Consider the position of the minority, if the majority leave the Ceann Comhairle very little option. Deputy Professor Tierney said that we should be cribbed, cabined and confined within very narrow and tight limits of procedure. That is a very dangerous doctrine. I submit that Section 52 is specially designed to meet such a case, and that it is the duty of the Ceann Comhairle, if the Government is inclined to use its party majority to prevent the fullest possible discussion, to step in and protect not the majority, who do not need it, but the minority who do.

Suppose even that seven or eight hours were taken by the Opposition in discussing the Greater Dublin Bill, was that an excessive amount of time? If it takes the Front Bench of the Government and its supermen and experts in the Local Government Department three and a half years to base, on the findings of the Commission, a Bill, do they think it is a great tribute to the ability of the Opposition if they take nine hours to digest, analyse, discuss and approve or disapprove of that three and a half years' work of the super-men of the Government Front Bench and the experts of the Local Government Department?

Deputy Hugh Law, I thought, was rather clever. He put the proposition that if I were in the Chair as Ceann Comhairle, which God forbid, for I have no ambition in that direction, and I cannot fancy myself in the position, what would I do? Well, I say candidly, if I were in that position, as far as I understood the matter and I had an opportunity to judge it impartially, I would not have allowed the Minister for Finance to move the closure on Friday last. I say definitely that I would not have acceded to his request. It may argue incompetency on my part for the position, which I do not ambition, but I certainly would not have accepted his motion for the closure. I hope that answer is straight enough for Deputy Hugh Law. There are many things to be weighed up and I admit that many considerations would enter into it, but, as far as I can see at present, that would have been my decision.

The Minister for Finance said there was nothing wrong in that, that the closure is part of the machinery. Quite so. But I would like him or the President to tell us why the procedure which was common and usual on such occasions of informing the Whips of this Party or of the Labour Party that the closure was to be moved, was not followed on Friday last. What was the urgency? Why not follow that procedure? The President spoke of his courtesy in the morning in merely hinting that certain things might happen. I would not like to take it in the literal sense, but "a man may smile and, smiling, be a villain." A courtesy may often cloak a little ambiguity, and the President is very astute. It is a minor Bill, we are told, and why not move the closure? There was nothing important in it. There were no new principles in it, only the principles that were enshrined—or more properly, I suppose, we should say entombed—in the Cork Bill. Sufficient reason and opportunity for debate were given. I submit they were not. It would be out of order perhaps to go more fully into it, but we certainly were not told how it had worked out in Cork. The Government did not tell us that, having tried experiments, they were going to follow the disastrous results or not follow them. We did not hear anything about that from the Minister responsible for the Bill. I do not know that there is any more that I can add except to say that I still believe that the action of the Ceann Comhairle on that occasion was partisan and an infringement of the rights of the minority.

Question put.
The Dáil divided: Tá, 48; Níl, 84.

  • Aiken, Frank.
  • Allen, Denis.
  • Blaney, Neal.
  • Boland, Gerald.
  • Boland, Patrick.
  • Bourke, Daniel.
  • Brady, Seán.
  • Briscoe, Robert.
  • Buckley, Daniel.
  • Carney, Frank.
  • Carty, Frank.
  • Colbert, James.
  • Cooney, Eamonn.
  • Corry, Martin John.
  • Crowley, Fred. Hugh.
  • Crowley, Tadhg.
  • Derrig, Thomas.
  • Fahy, Frank.
  • Flinn, Hugo.
  • French, Seán.
  • Gorry, Patrick J.
  • Goulding, John.
  • Hayes, Seán.
  • Houlihan, Patrick.
  • Jordan, Stephen.
  • Kennedy, Michael Joseph.
  • Kerlin, Frank.
  • Killilea, Mark.
  • Kilroy, Michael.
  • Lemass, Seán F.
  • Little, Patrick John.
  • McEllistrim, Thomas.
  • MacEntee, Seán.
  • Moore, Seamus.
  • Mullins, Thomas.
  • O'Dowd, Patrick Joseph.
  • O'Kelly, Seán T.
  • O'Leary, William.
  • O'Reilly, Matthew.
  • Powell, Thomas P.
  • Ruttledge, Patrick J.
  • Ryan, James.
  • Sexton, Martin.
  • Sheehy, Timothy (Tipp.).
  • Smith, Patrick.
  • Tubridy, John.
  • Walsh, Richard.
  • Ward, Francis C.

Níl

  • Aird, William P.
  • Alton, Ernest Henry.
  • Anthony, Richard.
  • Beckett, James Walter.
  • Bennett, George Cecil.
  • Blythe, Ernest.
  • Bourke, Séamus A.
  • Brennan, Michael.
  • Brodrick, Seán.
  • Byrne, John Joseph.
  • Carey, Edmund.
  • Coburn, James.
  • Cole, John James.
  • Collins-O'Driscoll, Mrs. Margt.
  • Colohan, Hugh.
  • Conlon, Martin.
  • Connolly, Michael P.
  • Corish, Richard.
  • Cosgrave, William T.
  • Craig, Sir James.
  • Crowley, James.
  • Daly, John.
  • Davin, William.
  • Davis, Michael.
  • Leonard, Patrick.
  • Lynch, Finian.
  • Mathews, Arthur Patrick.
  • McDonogh, Martin.
  • MacEóin, Seán.
  • McFadden, Michael Og.
  • McGilligan, Patrick.
  • Mongan, Joseph W.
  • Morrissey, Daniel.
  • Mulcahy, Richard.
  • Murphy, James E.
  • Murphy, Joseph Xavier.
  • Murphy, Timothv Joseph.
  • Nally, Martin Michael.
  • Nolan, John Thomas.
  • O'Connell, Richard.
  • O'Connell, Thomas J.
  • O'Connor, Bartholomew.
  • Doherty, Eugene.
  • Dolan, James N.
  • Doyle, Edward.
  • Doyle, Peadar Seán.
  • Duggan, Edmund John.
  • Dwyer, James.
  • Egan, Barry M.
  • Esmonde, Osmond Thos. Grattan.
  • Fitzgerald, Desmond.
  • Fitzgerald-Kenney, James.
  • Good, John.
  • Gorey, Denis J.
  • Haslett, Alexander.
  • Hassett, John J.
  • Heffernan, Michael R.
  • Hennessy, Thomas.
  • Hennigan, John.
  • Henry, Mark.
  • Hogan, Patrick (Galway).
  • Holohan, Richard.
  • Jordan, Michael.
  • Kelly, Patrick Michael.
  • Keogh, Myles.
  • Law, Hugh Alexander.
  • O'Donovan, Timothy Joseph.
  • O'Hanlon, John F.
  • O'Higgins, Thomas.
  • O'Leary, Daniel.
  • O'Mahony, Dermot Gun.
  • O'Reilly, John J.
  • O'Sullivan, John Marcus.
  • Redmond, William Archer.
  • Reynolds, Patrick.
  • Rice, Vincent.
  • Roddy, Martin.
  • Shaw, Patrick W.
  • Sheehy, Timothy (West Cork).
  • Thrift, William Edward.
  • Tierney, Michael.
  • White, Vincent Joseph.
  • Wolfe, George.
  • Wolfe, Jasper Travers.
Tellers: Tá, Deputies G. Boland and Allen; Nil, Deputies Duggan and p. Doyle.
Motion declared lost.

On a point of order, before the House proceeds to discuss the next business I desire to point out that there were two matters which I intended to raise after Questions to-day but I did not do so because I would be cutting in on the debate which has just concluded. The first refers to a serious error which in my opinion crept into the Official Report of last Friday, Column 1236, in which it is stated that the Committee Stage of the Dublin Bill was ordered for Wednesday, 12th March. I was present when the proceedings concluded on Friday last and my recollection of what happened is that immediately you declared the Second Reading of the Bill carried, you announced the Adjournment of the Dáil. I did not hear you call on the Minister to fix, or suggest a date to be fixed, for the Committee Stage of the Bill. I did not hear the Minister mention any date, neither did I hear you announce to the House that the Committee Stage was fixed for the 12th March. I think that there must have been some misapprehension with regard to the date and I think it is only right that attention should be called to the matter.

The procedure usually followed when it has been declared that a Bill has passed its Second Reading is for the Chair to ask the Minister or Deputy who moved the Second Reading when he desires to have the Committee Stage fixed. If no objection is taken, the Committee Stage is ordered for the date mentioned. In this case the Minister was asked when he desired the Committee Stage to be taken and he was understood to say "12th March." No objection was taken and the Committee Stage was ordered accordingly.

Mr. O'Connell

Did you ask that after you declared the Second Reading carried?

I heard it.

Do I understand that the Deputy has difficulty in taking the Committee Stage on the 12th March? I have gone into the matter, and I would be prepared to take it on the 26th March.

Or ten years hence.

I take it that it is now agreed that the Dublin Bill will be taken in Committee on the 26th March.

There is no hurry about it now.

Committee Stage ordered for 26th March.

The second point which I wish to raise concerns your action on Friday last in declaring that the motion for Second Reading was carried, because Tellers were not appointed for the Negative. I raise this now in order to have a definite ruling, because there does not appear to me to be anything in Standing Order 56 which would entitle the Chair to declare that a motion is carried because one party or another refuses to appoint Tellers for or against a measure, as the case may be. It seems to me that according to Standing Order 56 the duty of appointing Tellers rests with the Ceann Comhairle, and that, in fact, it is his duty to do so. It reads: "When the doors have been locked and when the Division Lobbies have been cleared, the Ceann Comhairle or Chairman shall order the Dáil to divide and shall appoint Tellers for each side...." It has been the custom and the practice here for parties to nominate Tellers and to give their names to the Ceann Comhairle, but it appears to me, according to the Standing Order, that that is merely a matter of practice or custom that has arisen here for the convenience of all parties and to facilitate matters. In my opinion, according to the Standing Orders, failing the nomination of Tellers, it would be your duty either to nominate them or to proceed to take a Division without Tellers, to get the Clerk of the House to record who is for and who is against a particular motion. Once the Division is called, it is the duty of the Chair to see that it is taken. In this particular case neither the Fianna Fáil Party nor the Labour Party were prepared to nominate Tellers, but there may have been other Parties in the House who were prepared to vote against the Bill and to nominate Tellers. Even if there were not, I think it could be done. as is done in other places, I understand, by nominating people to tell. I believe that there are provisions for taking action against people who refuse to act similarly when nominated. I raise the matter because I think something similar happened here before. A question was raised as to whether the Chair was justified in not proceeding with the Division because one Party refused to nominate Tellers. We would like to have your ruling on that matter now.

For the information of the House, can the Ceann Comhairle say whether, in fact, a division was called and challenged?

On a point of order, I understand that this Standing Order is mandatory upon you. You shall order a division, you shall order the House to divide, you shall appoint Tellers.

What happened on Friday was that the question, "That the Bill be now read a second time," was put from the Chair. That is to say, the Chair took the voices with a view to seeing what the decision on the motion was. Having heard the voices the Ceann Comhairle declared that, in his opinion, the motion was carried. A division was challenged, that is to say, that Deputies who thought that in fact the decision of the House would be different from the decision announced by the Ceann Comhairle after having heard the voices, challenged a division. That is in answer to Deputy Redmond's point. I distinctly heard the challenge, both in Irish and in English. The procedure is that a division is taken under the provisions of Standing Orders 55, 56 and 57. Under our Standing Orders and practice Tellers from the House are absolutely essential to the taking of divisions. If Deputies will consult Standing Order 57, they will note that it states:

"On the completion of the count the Tellers shall sign a division paper which shall be handed to the Ceann Comhairle or Chairman, who shall announce the numbers and declare the decision."

In other words, the Tellers have complete responsibility for the numbers. The Ceann Comhairle merely announces the numbers handed to him on the paper signed by the Tellers and has no responsibility for the accuracy of the numbers except that the Tellers have handed them to him. Therefore, taking one of Deputy O'Connell's points, it would not be possible, it appears to me, under our Standing Orders to take a division by means of the clerks at the table or by any other officers of the House. Some members of the House are necessary as Tellers. Standing Order 56 states:

When the doors have been locked and the division lobbies have been cleared, the Ceann Comhairle or Chairman shall order the Dáil to divide and shall appoint two Tellers for each side.

That is to say, the Ceann Comhairle has to appoint two Tellers for each side by, presumably, whatever process is open to him. The process usually adopted is to ask the parties who have challenged the opinion of the Chair to nominate Tellers. An endeavour is always made in accordance with a certain practice in the House to get Tellers from particular parties in the House when a division has to be taken. In this case that procedure was followed. Neither the Fianna Fáil Party nor the Labour Party were in a position to appoint Tellers on this occasion, which meant that they were not prepared to go to a division. That being the case the Ceann Comhairle declared that there being no Tellers against the motion, the motion was carried. I am not aware of any power in the Chair here to compel Deputies to act as Tellers, nor do I know of any provision by which action of any kind can be taken against Deputies who have refused to act as Tellers. There is a precedent. On the 30th May, 1929. Volume 30 of the Official Debates, column 666, in a discussion in Committee on the Juries Protection Bill, Deputy MacEntee claimed to move that the question be now put. That claim was accepted by the Chair. That question, namely: "That the question be now put," was accordingly put from the Chair, and the voices having been taken was declared carried. A division was challenged and the Official Report reads:

The question—"That the question be now put"—was put and declared carried.

A division was demanded, but there being no Deputies willing to act as Tellers in favour of the question, the question was declared negatived.

That would appear to afford a precedent.

Arising out of your ruling, I submit that even if there is a precedent, and even if the incident which you have referred to has created a precedent, that precedent cannot be allowed to over-ride the Standing Order. The Standing Order very definitely prescribes the procedure in relation to divisions. It lays down that the Ceann Comhairle shall appoint Tellers. You have stated that because the Party which sits on these benches or the Labour Party did not appoint Tellers——

Did not agree to act as Tellers.

I took a note of it and the word was "appoint." I think that if we have any privilege in the matter at all it is the privilege of suggesting to you or nominating Deputies who will act as Tellers. You may, if you wish, disregard the nominations, but the power of appointment and the obligation of appointing, under the Standing Order, is imposed upon the Chair. Apart altogether from that, the Standing Order goes further and prescribes a certain procedure which has to be followed before you can declare the motion carried once a division has been challenged. The Standing Order is as follows:—

When the doors have been locked and the division lobbies have been cleared, the Ceann Comhairle, or Chairman, shall order the Dáil to divide, and shall appoint two Tellers for each side: Provided that after the lapse of not less than three minutes, as provided in Standing Order 55, the Ceann Comhairle, or Chairman, may again put the question and declare afresh the result, in his opinion, of the putting of the question, and a division shall take place only if such fresh declaration is challenged.

The point, therefore, is that having been informed that the Party on these benches or the Labour Party, who were opposed to this measure, did not desire to nominate Tellers, I suggest it was incumbent on you to put the question afresh from the Chair, under the Standing Order, so that the House might be fully aware of what was taking place in the matter.

Was it not?

Might I reply to the President's interjection? As a matter of fact we were informed during the debate to-day that certain Deputies were not aware of what was being done during that period.

I understand that at that particular stage of the proceedings Deputy J.J. Byrne and Deputy Good were within the House. They opposed the Bill and I am sure, if you had called upon them, they would have acted as Tellers.

I am not clear whether or not Deputy MacEntee was really putting a point of order.

I was putting that point showing that it was incumbent upon you to put the question afresh if you had been informed that this Party did not desire to nominate Tellers.

It is not incumbent upon the Ceann Comhairle to put the question afresh from the Chair. It is incumbent upon him to appoint Tellers, but the Ceann Comhairle can only act within the ordinary limits of human action. He does his best to get Tellers, but if he fails to get Tellers, then it is not surely suggested that the refusal to appoint Tellers must hold up the transaction of the business of the House. Once the expression of opinion has been given by the Chair: "The motion is carried," and if that is challenged and if the challenge is not followed to its logical sequence to a division, nothing remains but for the decision given originally by the Chair to be affirmed and nothing in the Standing Order can be construed to mean that action by any Deputy in refusing to carry out the provisions of the Standing Order can bring the House to a standstill. The House ex hypothesi, by its very nature, cannot be brought to a standstill. If there were any Deputies who were not in a position to follow the proceedings then those Deputies of course have the sympathy of Deputy MacEntee and my sympathy as well.

Might I submit that it is not a question of bringing the proceedings of the House to a standstill but of conducting them, from the Chair, in accordance with the rules of order. In this connection we have got to take into consideration, also, Standing Order 55.

When a division is demanded the Ceann Comhairle, or Chairman, shall cause the division bells to be rung once, and the doors shall be locked so soon after the lapse of not less than three minutes as he shall direct.

After that has been done the question of appointing Tellers immediately arises. If no Tellers are appointed I still submit that under Standing Order 56 you must put the question afresh from the Chair, because there is absolutely no suggestion that you have any option in the matter if you desire to have the question decided without a division, or if from the facts as you are aware of them at that moment, you think the question can be decided without a division. If that is your opinion then I submit that it is incumbent upon you to put the question afresh from the Chair. The words are "Provided that after the lapse of not less than three minutes the Ceann Comhairle or Chairman may again put the question and declare afresh the result"; otherwise there must be a division.

Mr. O'Connell

We are creating a precedent in this matter, and I want to ask you whether, before finally deciding that there were no Tellers, or if, as you say, nobody is prepared to tell against the Bill, before the motion is carried or rejected, as the case may be, would it not be right that you should ask, from the Chair, whether there is anyone in the House prepared to tell for or against, as the case may be? It is conceivable that if the Fianna Fáil Party refused to nominate Tellers and the Labour Party also, there might be four or five or half a dozen Independent members who would be prepared to name Tellers against the Bill if they were asked. I put it to you that that would be a practical way of getting out of the difficulty.

With regard to Deputy MacEntee's point, I think he answered himself by reading the extract from the Standing Order—"provided that after the lapse of not less than three minutes the Ceann Comhairle or Chairman may again put the question." The proviso in Standing Order 56 gives the Ceann Comhairle or Chairman the option of putting the question instead of taking a division in certain circumstances. As to Deputy O'Connell's point, it is the Deputies who challenge the decision of the Chair, when given on the voices, who ought to supply the Tellers for the division, not those who have not challenged the division. It might be advisable—and nothing has been decided against it—that the Chair should ask whether there are any Tellers available in the House. It was obviously not possible to do that on Friday. It is a procedure which might reasonably be adopted, and the decision that is being given now, after consideration and affirming what was done on Friday, is merely this: that if there are no Tellers for a particular side, then the decision given by the Chair is taken as having been declared on a division.

On a point of order——

The point of order is concluded. We shall now take the next business.

Barr
Roinn