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Dáil Éireann díospóireacht -
Friday, 17 Dec 1937

Vol. 69 No. 18

Seanad Electoral (Panel Members) Bill, 1937—Report (Resumed) and Final Stage.

I move amendment No. 1:—

In page 7, line 16, Section 12 (1), to delete the word "shall", and in line 17, before the word "examine", and in line 19, before the word "disallow", and in line 27, before the word "allow", to insert in each case the word "shall", and in line 25, before the word "disallow", to insert the word "may".

The effect of this amendment is to delete the word "shall" in the last line of the introductory paragraph, so that it will not govern all those clauses. The complete section would then read:

As soon as practicable after the 24th day of January, 1938, and in any event not later than the 5th day of February, 1938, the Seanad returning officer shall prepare the register of nominating bodies and for that purpose—

(a) shall examine all applications for registration in the said register duly received by him, and

(b) shall disallow all such applications as appear to him to be irregular in form and all applications in respect of which he is of opinion that the applicant is not eligible for registration in the said register either at all or in respect of the panel to which the application relates, and

(c) may disallow any applications which he is authorised by the subsequent provisions of this section to disallow, and

(d) shall allow and register in the said register all such applications as he does not disallow in pursuance of the foregoing provisions of this sub-section.

Page 7, line 16, is Section 10. I was trying to follow that in line 16. It cannot be line 16.

Evidently the amendment was related to the edition of the Bill that was working yesterday. This amendment is to Section 12, to which the Deputy drew my attention yesterday. Is the Deputy satisfied that it covers the point which he raised?

Owing to the fact that I was trying to read the amendment into a different section altogether, I do not know whether I am satisfied or not.

I should like the Deputy to make sure that it does cover the point.

What line is it?

That is a very important question.

It is to delete the word "shall" in line 37.

It is lines 37 and 38. Is that correct?

How would it read then?

I will read it again, as I am rather anxious that it should be right. The word "shall" in the introductory paragraph disappears, so that it reads now:—

As soon as practicable after the 24th day of January, 1938, and in any event not later than the 5th day of February, 1938, the Seanad returning officer shall prepare the register of nominating bodies and for that purpose—

so as to permit the variation between "shall" and "may"—

(a) shall examine all applications...

(b) shall disallow all such applications...

(c) may disallow any applications...

(d) shall allow and register in the said register all such applications as he does not disallow in pursuance of the foregoing provisions of this sub-section.

Amendment agreed to.

I move amendment No. 2:—

In page 7, lines 27 and 28, Section 11, to delete the words "and circulating throughout."

That deletion was suggested yesterday. I think the point which was raised was that it might be difficult to determine, and that in any case there was a definite number of morning papers at present and there was no use in looking into the future for the possibility of something else happening.

Amendment agreed to.

I move amendment No. 3:—

In page 10, line 14, Section 17, to delete the words "and circulating throughout."

In connection with that, there might be some difficulty in determining what "circulating throughout the State" exactly meant. If, for instance, a few copies were in one part of the country only, would it be claimed to be circulating throughout the State?

Amendment agreed to.
Question —"That the Bill, as amended, be received for final consideration"—put and agreed to.

I move that the Bill do now pass. As the House knows, this Bill has had a considerable amount of consideration. The main purpose behind the scheme, as I indicated on an earlier stage, was to try, as far as it was possible in the existing circumstances, to work towards a Seanad which would be of a vocational or functional character. It may be said that in its present form it is far away from having that particular character; but it indicates the direction in which we are to travel, and I do not believe that in the existing circumstances we could do more. The fundamental difficulty is, of course, that we are not at the moment organised precisely in a functional way which would enable us to constitute a Second House on the basis of representation from, say, functional councils. A Second House of that particular character would undoubtedly be different from the Constitution of the Dáil, and would probably bring to the consideration of legislation a new point of view.

Bills coming from the Dáil could, in such a House, be critically examined from the point of view of the effect of legislation on the various activities, the different activities, of a functional character of our people; but, as we have not the necessary material in which to build up a Second House of that character now, the point was to go in that direction as far as we could.

Schemes were submitted which appeared to go farther in that direction than this Bill goes, but, in our opinion anyhow, these schemes were not at the present moment practicable and would not, in fact, enable us to move as rapidly towards the desired end as the scheme that we have finally in this Bill. I said on more than one occasion that it was really a compromise, a half-way house. It takes note of the fact that the people are not sufficiently organised in the functional direction to give us a completely functional House. It offers an inducement to move in that direction and there is the assurance that the House will not fail simply because of the fact that the outside bodies are not existing in the form in which we would really require them, to have what I might call a perfect or a really satisfactory functional House. The scheme, by allowing for Dáil nominations, by allowing a part of the House to be nominated by the Dáil, makes certain that we will not fail during the period in which we hope the functional organisation will advance, and provision is made in the Constitution so that if there is an advancement in that direction we can substitute, instead of the members that can be chosen from the existing panels, direct election from functional councils and bodies organised in that way, if and when they do come into existence.

Half the House coming from Dáil nominations without a functional direction in regard to the nominations will secure that we have a body which will give to the Second House people of the experience that we require. The Dáil ought to be able to pick out from the community people with that knowledge and that particular experience. Then there is an inducement to such functional bodies as do exist to take an active interest in the Second House. They are assured of getting at least 21 of the 43 members who are to be elected to the Second House; they are assured that 21 of the 43 will secure seats in that House; they are assured at the outset that the nominees which they put forward will be elected to the Second House.

Of course, when we have been talking of a functional Second House, we have always made it quite clear that it is not simply experts that we want there, but rather that they ought to be men who are interested in the community as a whole, interested in public affairs generally, but that over and above that they will have some specialised knowledge which will be of particular value. When we are trying to pick people for the Second House we should aim not merely at experts, people particularly qualified in their own professions or occupations, but those who are generally people of affairs and who, in addition to the ordinary knowledge of affairs which they would have, would possess over and above that some special qualifications and some special knowledge. We can have such a Seanad if we set out to get it.

I do hope that in the nominations that will come from this House the spirit behind the Bill will be kept in mind and that the nominations will be of such a character as to give us in the Second House people who understand public business and who will be able to bring special knowledge to bear on the criticism of legislation that may be passed here. As far as the outside bodies are concerned, in their nominations my hope is that they will approach the matter in the same spirit as I have suggested we should do it here. It is to be hoped that in choosing their nominees to go up for election they will select people who will have that general knowledge which is essential, together with a general interest in public affairs, and over and above that I think they should give us people, wherever it is possible to select them, with such a variety of special knowledge as well as general experience as will enable us to make of the Second House a part of the Legislature which will be effective and valuable, and, by being effective and valuable, will secure the confidence of the nation as a whole.

I do not think it is necessary for me to speak at any great length on the measure at this stage. It has been discussed in detail, and the general principle has been debated a number of times. I think it is the best we can do at the present time. I hope that as time goes on and as opportunity for making it more and more of a functional nature presents itself, that it will be improved in that direction.

I wonder are we justified in hoping that this is the last stage of this Bill?

Perhaps the Deputy will allow me to intervene? There is one matter that has given Deputies on this side of the House some concern. It has relation to the question of the former members of the dissolved councils. It was suggested yesterday that the President, by a transposition of certain words in the section, could make clearer the definition of what the former members were. There is no amendment submitted in connection with that matter, and I should like to know if the President has considered it.

It has been considered. A number of matters like that have been considered. When an amendment has not appeared it does not follow that the matter has not received consideration. Consideration has led to this, that the words in the brackets to which the Deputy made reference are in the proper place from the draftsman's point of view.

I trust that Deputy Benson will see the reasonableness of that. Everyone, I am sure, will admit how anxious the President is to accommodate the Opposition. The sheaf of amendments that he has submitted in order to meet our views and the efforts he has made all along to meet our views is ample proof of the way in which the President is prepared to be reasonable so far as suggestions from this side of the House are concerned. For these two tremendous changes that he has made in this Bill we are truly thankful.

May I express the hope that this will be the ultimate stage of the Bill? But one never can tell. After all, we are to meet on the 12th January, and we could even be hastily called together again before that date for another stage of the Bill. When the President sponsors a Bill, and when he is acting as Leader of the House, the Lord only knows what the procedure is going to be.

The Ceann Comhairle might have something to say to such a procedure.

I recognise that the Ceann Comhairle desires to facilitate the business of the House. I am not criticising the Ceann Comhairle at all. If we are seeing this Bill for the last time, we can say that we are very lucky. Unfortunately, we cannot see the results of this Bill for the last time. I listened with a certain amount of interest to what the President has just said, and I was glad that he was able to say it all with a serious face. He expressed the hope —a pious hope, because he does not expect it to be fulfilled—I mentioned before that pious hopes are things which people do not expect to be fulfilled—that the spirit behind the Bill would be kept in mind. I have expressed the hope—altogether vainly— that the spirit alleged by the President to be behind the Bill would be kept in mind for five minutes after discussing the essentials. Again and again the President had opportunities to give effect to what he considers to be the spirit behind the Bill, but nobody has gone more out of his way to violate that spirit than the President. Not once has he taken any account of the principles that he alleged to be contained in this Bill. He has violated them as much as any man possibly could. He has gone in the opposite direction to every fundamental principle he laid down, and now, with that piety which so well becomes him, he expresses, at the last moment, the hope that the spirit behind the Bill will be honoured by the Dáil. He turns to the Opposition and hopes that the spirit behind the Bill will be honoured by them, as he assumes he has honoured it. Let us hope they will honour it a great deal more.

The President modestly describes this step as a "small step." After all, as his colleague, the Minister for Industry and Commerce, could tell him, it will be about 25 years before we take the next step. I call it not a step but a stagger, at the very most, in the direction in which he is going. What is the good of pretending that this is a contribution to a vocational Seanad? The President says he cannot get a vocational Seanad at the moment by the machinery at his disposal. In the same breath he acknowledges that these altogether unsatisfactory vocational bodies can, in practice, elect half of the 43 Senators. Is not that so—in practice? If they like they can put up 40 members. They can choose 40 persons suitable to be Senators, and, of these, over 20 must be elected. The 20 who may or may not be rejected may be as suitable as the 20 elected. If that body can select and reject 21, they can do so with the 43. When that was put before him, the President said that it was not so, that it was absurd. In other words, that merely amounts to "I am not accepting your view. It is not that I am not accepting it because it is absurd but it is absurd because I am not accepting it." The President, who has indulged in metaphysics, knows what a very serious heresy that is.

We regret very much that the opportunity was not used to obtain a suitable Seanad. We have had a unique Bill. We had an opportunity—unique or otherwise—and it was not utilised. It was deliberately thrown aside by the President. He could have got his vocational Seanad. He preferred not to get it. We had a lot of expressions from him as to the type of House he would have if occupations and industries were organised more fully than they are at present. He would get a Seanad, in these circumstances, that would be different from the Dáil in its outlook but would not be in conflict with it. We would have had a Seanad different in composition from the Dáil, a Seanad that would be able to bring to bear on Bills a different point of view. You could get all that by utilising the present machinery. The little stagger the President has made shows that it could be done. Why has he not done it? He prefers to do the opposite of what he pretends. He has deliberately thrown us back on a purely Party Seanad. What is the good of his shaking his head when now—at the twelfth hour—he recognises the composition of the county councils? He recognises a thing of which he was quite innocent the other day—that county councils were elected on a purely Party ticket. He put the election of the Seanad entirely into the hands of bodies organised on purely Party lines.

What are the two bodies concerned? There is the Dáil. I suggest that, so far as the bulk of the Dáil is concerned, it is organised on Party lines. I am quite aware that if the President felt it would help his argument, he would deny that, but it is as true of the county councils as it is of the Dáil. Therefore, you deliberately put the election of the Seanad into the hands of bodies elected and organised on purely Party lines, without taking into account at all the fact I have already stressed, that since the establishment of this State the President's Party have determined that that should be the fate of the county councils. What is the good of professing that you want a Seanad which will not be a mere replica of the Dáil when your whole legislation is aimed at securing the opposite? The President shakes his head. If it is not aimed at securing that, then the President is a most unfortunate man, because the instruments he forges are calculated to do precisely the opposite of what he professes to do.

Wait and see.

A celebrated statesman did that, and, by waiting and seeing, he got this country into a lot of trouble.

He had plenty of willing tools in this country to do it.

"Keep them guessing" was the motto. Here is a Bill bad in itself because it deliberately refuses to acknowledge the principles for which the President said he stood, and which has steadily deteriorated in the course of the numerous stages through which it has gone. Every chance the President got of dealing with his original measure has ended by making it worse—except the opportunity offered this morning. We have had two marvellous concessions this morning and they, let us hope, will improve the measure almost beyond recognition.

That has been the fate of the Bill. The President came into this Dáil with a definite scheme, after full consideration for 12 months and as a result of the constitutional mumblings that took place inside him, and then the Minister for Industry and Commerce comes along and, in a week, imposes on him an entirely different scheme, but a worse scheme, if possible. I am sorry he gave way to that pressure. You are going to get an entirely political Seanad, and you deliberately set out to do that, although you profess the opposite. As far as possible, he said, at the moment we could not do more. You can do more. If these bodies are good enough to choose 40 men, out of whom 21 must be elected, they are good enough to select the 43. There were many opportunities of confuting that during the Committee Stage. I do not really know what to call the different stages of this Bill. Yet we are to advance towards better organisation, but I gather that the more of these organisations we have, the worse we shall be, because it will throw more work on the returning officer, because his business will be, no matter how many of these we have, to keep the number nominating as small as possible. Therefore, if this is an inducement, it is an inducement in the opposite direction.

The President's gesture has explained it accurately—here now and there to-morrow. The President has done it splendidly—you think you are here and then you think you are there, and eventually you find yourself back here. That is the President's idea of negotiating—two parties starting, as he eloquently expresses it in the gesture he has just made, here; they come to this point and say "At least we have agreement now," and then they find that the President is back there. Some schemes, he said, appeared to go further. They did, but they were not practicable, he said. They are quite as practicable as this scheme, and as far as there is any acknowledgment of the vocational principle in this, it is a proof of the practicability of the schemes which the President did not even consider. I admit that he could have considered them, because he had considered the matter for 12 months and had come to the conclusion that it was impossible, but he has given no reasons for that conclusion.

We have compromise. I wish the President was not so fond of half-way houses. They are bad places as a rule. He suggests that there is an inducement to move in a certain direction, but there is no such thing. There is the contrary. I have said already that there were three things which the President professed he wanted to accomplish. The first was a vocational Seanad, and he has done the opposite so far as he could. The second was a Seanad not elected on purely Party lines and not under purely Party machinery. He has got the most perfect scheme for doing the opposite; he has given us a scheme for election completely under the Party machine, and the more effective that machine is, the more successful it will be in elections of this kind. The third was his desire that there should not be a hang-over and that when a new Government came into power it should not find a Seanad in existence which would be hostile to it. We had great expressions as to the necessity for that and great stress laid on it, and for that reason we are presented with the great inconvenience—as it very often is—of having the Seanad going out with the Dáil and the necessity, therefore, of compressing the Seanad election into a small period. Why was that? The President explained it fully. He said that the Seanad had a certain function. That function should be to bring a different mind to bear upon legislation going up to it from this House and not to obstruct this House. That is the view the President had. Therefore, he said to himself, if the Seanad goes over from one period to the other, a Seanad which is of a different complexion from the new Government coming into power, that Seanad may act as an obstructive body and, therefore, let the Seanad go out with the Dáil.

In that case, you will have a new Seanad which, so far as its election is concerned, in the original Bill, at all events, would more or less represent the complexion of the Dáil in its general views, and which would not be inclined on the whole to obstruct, but for fear it should be so inclined, there will be 11 nominations by the Taoiseach. Even that principle has been abandoned. The majority of the electorate does not necessarily change with the dissolution of the Dáil. Two hundred and ten out of the 350 remain on. They, having been elected at a different time, possibly two years previously, may be entirely out of sympathy with the majority, with the result that you are here again doing something contrary to your expressed wish. But is not that the fate of the Bill all along—professions of principle on one hand and violation of them in practice on the other? We have honoured the principle of a vocational Seanad merely in expression and not in action. The non-political principle, in the sense of the Seanad not being under Party control, is gone in as effective a way as we could make it go, and the principle of safety for a new in-coming Government is gone. These are the three things on which the President laid stress, and if he had deliberately set out to violate these principles, he could not have done it better. We may express the one hope that other people will take the President's principles more seriously than he takes them himself. We are implementing the Constitution. We have done it several times and on every possible occasion, we have, in practice, violated the whole spirit of it. There are many things in that Constitution to which I object, but it is quite characteristic that the people who set out to violate it first, and to trample on all that that Constitution was held to enshrine, are the President and his Party.

We are presented with a Seanad and it is either take it or leave it. There is no possibility that I see of getting the Seanad which the President could have got. He has spoken all along of vocational Seanads. He has managed to deceive a number of people into believing that that is his aim. His aim is nothing of the kind, so far as we can judge him, not by his professions, but by his acts. We have been in favour of a Second House, and we thought it possible to get a Second House. We were not particularly interested in the First House, but we did hope that the foundation of a vocational Seanad might be laid. We made any amount of concessions, and we put forward schemes. They were not considered, but we would not mind that if there was the slightest pledge for the future that this Bill is an advance in the direction in which the President says it is an advance.

I do not think I should delay the House in saying anything further. I have answered all the arguments of the Deputy.

I think that reply is quite as complete and quite as easy to understand as any I have got from the President.

Question put and declared carried.
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