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Dáil Éireann díospóireacht -
Thursday, 9 Nov 1944

Vol. 95 No. 6

Committee on Finance. - Red Cross Bill, 1944—Committee and Final Stages.

Question proposed: "That Section 1 stand part of the Bill."

It is astonishing to me that the Minister should come before the House and seek to do what this Bill does unless he desires to provide an occasion when the whole of the Oireachtas would adopt this measure as a sort of unanimously agreed gesture of gratitude to the society for the purpose of expressing formally some clear national intention. I think it is most unbecoming for the Government to march in here and pass a Bill declaring that the President of Ireland shall, by virtue of his office, be President of the Irish Red Cross Society without the Minister's saying that he comes here more or less as the President's messenger to indicate that, having been consulted in this matter, the President has signified his readiness to conform to this proposal and will be glad to accept the office, if it is put upon him. Can anybody here imagine a statute being introduced into the House of Representatives in Washington purporting to dispose of the President's person without the most careful precautions being taken to indicate clearly that the President of the United States of America desired this thing to be done and would appreciate it if it were done? Can anyone imagine a Minister of the Crown in Great Britain coming into the House of Commons and proposing in a Bill that the Parliament would dispose of the King's person and make him President of the National Society for the Prevention of Cruelty to Animals? Surely the President of this State is a person who is entitled to as much respect from the Legislature as that of the King in Great Britain or of the President of the United States of America? That is one ground upon which I deprecate the flat-footed procedure adopted in connection with this Bill.

The other is, whether it is desirable that, by statute of this Parliament, we should make the President of Eire the president of the Irish Red Cross. It seems to me very much more desirable that the Red Cross, being a continuing body, should be afforded an opportunity, on the election of each new president, to apply to the President of Eire for his patronage or presidency, so that there would be a renewal of that on the occasion of the election of a new president, on which occasion there would be a kind of public declaration that the administration of the society was of such a high standard that it justified the President in accepting their invitation to become patron. But observe what we are in danger of. Under the present administration of the Red Cross, there can be no question of any conceivable impropriety. We are fortunate in having a body operating the funds and the business of the society which commands the confidence of everyone. But we all know from painful experience over the years that irregularity may very often creep into an organisation of this kind and there may be a scandal and grave matters may have to be attended to and put right. Would it be desirable in such a situation that the President of Eire should have been by statute made the president of that society? Would it not be right that every five or six years, when the question arose as to whether the President was prepared to renew his patronage of the society, the Taoiseach's Department or some other suitable Department of State would intervene to satisfy themselves that the society was properly conducted and everything being done as it should be done before the patronage of the President was renewed?

The more I reflect on the procedure proposed here, the more distasteful it appears to me to be. First, I think it is disrespectful to the person of the President, and, secondly, I think it is inexpedient from the point of view of the Irish Red Cross Society. I venture to say that had the Minister taken the elementary precaution of going to the Leader of the Opposition, the Leader of the Labour Party and the Leader of Clann na Talmhan to find out what they thought of the proposal a very much better device might have been worked out to achieve a similar purpose to that which, apparently, the Minister is at present trying to serve. I would ask the Minister to drop the Bill altogether and see if some more suitable procedure might be adopted to bring the President and the Society into close relations.

In the course of the coming year I think there will be an election of the President of Eire. Possibly the present occupant of that high office will be a candidate and there may be others. That would be a very suitable occasion, after the election is concluded and the new occupant of the office is declared; for him to make his gesture to the society. It is really the poorest compliment to the members of the society to say that the President has to be foisted on the society by law and that the society has to be foisted on the President by law, the presumption being that neither would touch the other with a 40-foot pole if we did not make them.

I do not know whether Deputy Dillon really wants me to reply to his general remarks. The fact of the matter is that the President, five or six years ago, very kindly consented to allow the Government to nominate him as president of the Irish Red Cross Society. The Deputy yesterday was as disrespectful as he could be to the office of President in the future. The Government, on this occasion, in respect of the present occupant, took all proper steps in relation to this matter before coming to the Dáil. The Government, in proposing that for the future the President of the country should automatically become the president of the Irish Red Cross Society, are depriving themselves of certain powers that they had to date; that is, of nominating the president of the Red Cross Society. It was felt that it would be better, instead of the Government nominating the president on every occasion on which the presidency of the Irish Red Cross Society falls vacant, to follow the procedure here, a procedure that is followed in practically every country, and that is that the head of the State should be the head of the Red Cross Society of the country concerned.

Not by virtue of statute.

I take it that it is either by virtue of the Constitution or of statute, or by a practice which has the legal force in some countries of a statute.

Nonsense. You know damn well it is not by statute. The President of the United States is not the President of the Red Cross Society of America by a statute of the House of Representatives.

I do not know anything to the contrary.

As a matter of fact, if the Deputy wants to go into the whole thing, the Geneva Convention requires that there should be set up in a legal manner in each country an approved society and all such matters as organisation have to be dealt with by law. In 1938 we introduced a Red Cross Act setting up, in a formal manner, a Red Cross organisation here and, following that, statutory rules and orders were made by the Government and laid before both Houses for their approval or otherwise, setting out in detail the manner in which the organisation would be set up and officered. You have a similar position here to what exists in most other countries, where the head of the State is the head of the Red Cross Society and where he appoints the president or the chairman of the society who carries out the active functions of running the organisation.

The Minister says the Government took all the proper steps preparatory to introducing this measure. One of my objections yesterday was that the Government had not taken any steps that I would consider proper. The Minister indicates that when the President was last made the President of the Red Cross Society he was approached and asked would he undertake the position and that he graciously accepted it. But the Minister is now introducing legislation that will attach a position to the President that he did not otherwise occupy, and new occupants of the presidency will not be able to say, graciously or otherwise, whether they accept the position. I think that when legislation is being introduced that changes the position in law of the President in relation to any particular body in the country, the Presidency ought to be recognised by the Government for what it is — that it is completely and absolutely a nonParty position and that before making any change in regard to the occupancy and before legislation is introduced the heads of the other Parties in the Oireachtas ought to be consulted.

I expressed myself yesterday as opposed to the measure. I did not divide the House on it. I do not wish to divide the House on a matter that concerns the Presidency. I felt that a division on this measure would serve no useful purpose, and I did not wish to offer that particular type of opposition to the Bill. I still consider the Bill is wrong, that it should not be introduced in the way in which it has been introduced; but however it is introduced, I believe it is wrong.

In reply to one point raised by Deputy Mulcahy, I may say that the present President will be the President of the Irish Red Cross Society until his term of office ends. The next President will know, when accepting nomination for office, that in addition to all the other functions which the President is either entitled to carry out or must carry out according to the law and the Constitution, he will have this function of being President of the Red Cross Society and of nominating the chairman of the society. As to the manner of introducing this Bill into the Dáil, I do not know why Deputy Mulcahy wants to get into a huddle with the Government, the Labour Party and the Farmers' Party over everything. It is quite a natural thing when the Dáil is set up, for Deputies to discuss matters of public concern of all kinds and debate a business such as this in the open. there is nothing disrespectful being done to the President, and there is nothing disrespectful to the Dáil in asking it to change the law so that instead of the Government having the power of appointing the President of the Society from time to time that the people, when they are appointing the President of the country, should also give him as one of his functions the position of President of the Irish Red Cross Society.

Bill passed through Committee without amendment and reported.
Question —"That the Bill be received for final consideration"—put and agreed to.
Question proposed: "That the Bill do now pass".

I am opposed to the passing of the Bill.

Has the Minister considered the constitutional effect of this Bill? We are imposing a new office on the President, which is not part of his duties under the Constitution. As far as I can see, it is ultra vires the Constitution and is repugnant to it.

That matter was fully considered. It is not repugnant to the Constitution.

Question put and declared carried.
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