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Dáil Éireann díospóireacht -
Thursday, 30 Apr 1959

Vol. 174 No. 10

An Bille um an Tríú Leasú ar an mBunreacht, 1958—Tairiscint (atogáil). Third Amendment of the Constitution Bill, 1958—Motion (resumed).

Thairg an Taoiseach an tairiscint seo a leanas, Dé Céadaoin, 29 Aibreán, 1959:
DE BHRÍ go ndearna Dáil Éireann, ar an 29ú lá d'Eanáir, 1959, an Bille um an Tríú Leasú ar an mBunreacht, 1958, a rith agus a chur chun Seanad Éireann, agus gur dhiúltaigh Seanad Éireann dó ar an 19ú lá de Mhárta, 1959,
Go gcinneann Dáil Éireann ANOIS AR AN ÁBHAR SIN leis seo, de bhun ailt 1 d'Airteagal 23 den Bhunreacht, go measfar an Bille um an Tríú Leasú ar an mBunreacht, 1958, mar a ritheadh ag Dáil Éireann é, a bheith rite ag dhá Theach an Oireachtais."
The following motion was moved by the Taoiseach on Wednesday, 29th April, 1959:
"THAT WHEREAS the Third Amendment of the Constitution Bill. 1958, was, on the 29th day of January, 1959, passed by Dáil Éireann and sent to Seanad Éireann, and was on the 19th day of March, 1959, rejected by Seanad Éireann,
NOW THEREFORE Dáil Éireann, pursuant to section 1 of Article 23 of the Constitution, hereby resolves that the Third Amendment of the Constitution Bill, 1958, as passed by Dáil Éireann, be deemed to have been passed by both Houses of the Oireachtas.
Athchromadh ar an díospóireacht ar an leasú seo a leanas ar an tairiscint sin:
Na focail uile i ndiaidh an fhocail "go" sa chéad líne a scriosadh agus na focail seo a leanas a chur ina n-ionad:
bhfuil an Bille um an Tríú Leasú ar an mBunreacht, 1958, tar éis beachtaíocht thromchuiseach leanúnach a tharraingt i nDáil Éireann, gur dhiúltaigh Seanad Éireann dó, agus gur cúis imní agus easaontais i measc an phobail é,
Go gcinneann Dáil Éireann ANOIS AR AN ÁBHAR SIN leis seo gan beart de bhun ailt 1 d'Airteagal 23 den Bhunreacht a dhéanamh go dtí go bhfaighfear tuarascáil Ó Chomhchoiste de Dháil Éireann agus Seanad Éireann, a cheapfar chun scrúdú a dhéanamh ar iarmairtí sóisialacha, polaiticiúla agus eacnamaíocha na n-athruithe so chóras togcháin atá beartaithe sa Bhille um an Tríú Leasú ar an mBunreacht, 1958— an tuarascáil a bheith le tabhairt ag an gComhchoiste tráth nach déanaí ná an 29ú lá de Lúnasa, 1959."
(Na Teachtaí Seán Ua Coisdealbha, Risteárd Ó Maolchatha).
Debate resumed on the following amendment thereto:
1. To delete all words after the figures "1958" in line 2 and substitute therefor the words:
"has given rise to serious and sustained criticism in Dáil Éireann, has been rejected in Seanad Éireann, and has caused disquiet and division among the people,
NOW THEREFORE Dáil Éireann hereby resolves to postpone action under section 1 of Article 23 of the Constitution until a report shall have been received from a Joint Committee of Dáil Éireann and Seanad Éireann, appointed to examine the social, political and economic implications of the changes in the electoral system proposed in the Third Amendment of the Constitution Bill, 1958—the Joint Committee to report not later than the 29th day of August, 1959.
(Deputies John A. Costello and Richard Mulcahy).

Before the debate was adjourned I was dealing with the methods used in recent years by Parties who, when they get sufficient support from the people, try to form a single-Party Government on the one hand, and when they fail to get the confidence of the people to that extent compromise by forming a Coalition Government. The average life of any Government over the past 36 years is approximately three years. An Opposition speaker made the point that the Governments constituted on Coalition or inter-Party lines lasted as long as the average Government by a single Party. That is correct, the only difference being that the Coalition Government broke up for very different reasons from those constituted on single Party lines.

Deputy Blowick asked the Taoiseach to explain why he sought the dissolution of the Dáil on a number of occasions. I am not sufficiently conversant with the entire period to make any observation in that connection but I remember as regards the 1948 period Fianna Fáil had a majority of seven or eight Deputies at the time of the dissolution. It is obvious to Deputy Blowick why the dissolution was sought before the normal period of office had expired. The Government in 1948 as far as I remember, was approximately four years in power. They had been defeated at two by-elections, one coming very close to the other and by a substantial majority at one of them. Under those circumstances any Government claiming to be democratic would at the earliest opportunity make arrangements to seek the opinion of the people as to whether they wanted them to continue in office or not.

A number of speakers on the Opposition side made the point that in 1948 the people decided to have a change from the Fianna Fáil administration to that of the Coalition or inter-Party set-up. I do not accept that statement. The people may have decided to have a change but it did not occur to them that the change would be on the basis which it turned out to be a week or two after the election. At all events, the Government that then succeeded the Fianna Fáil administration continued in office for three years and because of disagreement among some members of the Government—which is quite understandable when you have so many different sections attempting to pull together—had to go to the country to have judgment passed on them. The very fact that the people on that occasion did not return the outgoing Government with a stronger majority than they had heretofore is an indication in itself that the short experience the people had of Coalition Government taught them the lesson that Coalition Government was not the success it was supposed to be.

Traditionally, our people favour the single-Party system of Government and as far as possible try to maintain it. I have no objection to any Party at election time putting forward a sufficient number of candidates to form a Government. Every Party that has a policy to submit to the people and which is prepared to accept the Constitution of the country is entitled and should be encouraged to come before the people with that policy, solicit the people's support for it and ask for the return of a sufficient number of candidates to form a Government. Once the people give a clear-cut majority to any section of Irishmen the best interests of the country can be said to have been served.

We all differ—unless we did there would not be such a number of Parties in this State—as to the methods by which objectives should be attained. The reason the Government now proposes to change the electoral system is to ensure that the most stable Government can be obtained. We have been very fortunate that while the other system was in operation we have had reasonably stable Governments. It is in the changing from one Government to another that the danger arises as can be judged from the experience of other countries. Fortunately, the Constitution of this country has provided that if and when a change takes place that change comes into operation with the least possible delay. It is something on which all Parties are to be congratulated that when they find themselves obliged to go out of office, as a result of the people giving their verdict against them, and they have to change from one side to another, the reins of office are handed over graciously to the incoming Party so that they can make a fresh start.

With regard to the electoral system with which we are dealing on this measure I can truthfully say that a number of Deputies on all sides of the House have long since come to the conclusion that the single seat constituency arrangement is better than the multiple seat system. I want to be understood very clearly and I do not wish to misrepresent the views of any Deputy in this connection. I know there is a substantial difference of opinion as to whether the single seat constituency with the single non-transferable vote or with the straight vote is the better system. I have always favoured the single seat constituency with the straight vote. A number of speakers here have referred to a situation in which there are four or five candidates and in which the successful candidate is elected with 25 per cent. of the votes. It is said that if the total number of votes cast against the successful candidate are added together, it can be argued that he was elected on a low minority vote and that the system was not equitable.

I do not agree. There seems to be no sound reason for that argument. That can happen only where you have a number of candidates. As long as political Parties remain in this country, you will have that experience. In very few constituencies will you find a candidate of independent status. From our experience of the present Parties, we have to assume that will continue for a long time. In some constituencies, the reception for Independents has not been very satisfactory. In every constituency, whether single or multi-seat, we are bound to have four or five different Parties contesting the election.

Let us take the case of the single seat constituency, assuming we had agreement for that system, and see what can happen. If we take the experience of what has happened in a number of general elections, here under the multi-seat arrangement, we find that quite a number of candidates succeeded, under the quota system, in getting elected on the first count. In the last general election, about 130 of the successful candidates were elected on first preference votes. If that is any indication of what might happen under the single seat constituency arrangement, I think it shows that quite a large proportion of the candidates would get elected with a substantial majority vote. It would be more likely than that a large number would be elected with a minority vote.

Why then do we keep coming back to this point? It is understandable that somebody should refer to it. But let us take the other side. It does not necessarily follow, as the Taoiseach explained on a number of occasions, that if a Fianna Fáil candidate is elected with a 25 per cent. vote, he is not the proper person to be elected and that the total votes against him would indicate that he should not be elected. I suggest that all the votes polled for the other candidates should not be taken as being votes against the successful candidate. It seems to be only a convenient argument to add the total number of votes cast against——

I do not wish to interrupt the Deputy, who has made a very fair case, but is it not true that all those people did not vote for the man the Deputy is talking about?

It is perfectly true, but I do not think that Deputy Barry or any other Deputy could convince the people that, when there are three or four candidates and the successful candidate gets 25 per cent. of the votes, it should necessarily follow that all the other votes cast were against him. There is only one way we might succeed in proving that, that is, if we had the single seat constituency with the transferable vote. You might get some indication, if you were prepared to wait long enough, whether or not the successful candidate would get the preferences of the unsuccessful candidates.

Might I ask the Deputy, in order to resolve the doubt as to whether the votes of the other candidates are for or against the candidate who gets the highest number, would he see any reason why the matter should not be determined by allowing the other votes to be transferred?

I see no reason in the world. The man who gets the first preference votes in any system of election can say he has got the votes the electors intended to have the greatest value. There is every reason to stop this delaying action we have had experience of and have only one vote. If a person is not entitled to the first vote, he is not entitled to the later vote.

Under the single seat system a number of candidates seek election. The voters are in a better position to assess the suitability of the candidate because they are usually local people and can be expected to indicate, in a definite straightforward manner, their preference in the first instance. We know that the second, third and fourth preference votes are indicated in the multiple seat arrangement because, when the elector has supported the man he thinks best, he passes his preference on to somebody he does not know quite so much about. What I want to explain is that I feel it is much more practicable to have a single non-transferable vote in a single seat constituency than in a multiple seat constituency.

When this issue is put to the people, I am certain they will express their opinions very intelligently, honestly and to the point. I am quite pleased to find —and I would say it is due to the very protracted discussion that took place here—that most people have been taking a rather active interest in this matter. The suggestions that have been made during this debate and on previous stages of the Bill to the effect that the people were not correctly informed and were not in a position to be correctly advised are all moonshine. I find most people are correctly informed and that they are taking a sensible view of this issue. They regard it, in the first instance, as not so intricate as some people here try to make it.

They know that the change is from the proportional system to the straight vote. They know that if that comes about they will have no preferences, two, three, four and so on, as they had heretofore. They will have the one vote and it stops at that. They are quite conscious of that and no amount of confusion that Deputies might create—not deliberately, perhaps, but in the course of discussion—will convince the people that they are dealing with any other issue. I think the system as a whole is not as intricate as some try to make it appear.

It is suggested in the amendment by Deputies Costello and Mulcahy that we might have a joint committee of Dáil and Seanad to inquire into this matter. I do not see the need for such an inquiry. There has been a very searching inquiry over several weeks in the Dáil; there has been long discussion also in the Seanad. The Dáil passed the original measure with a substantial majority including not only members of this Party, but, I think, two members of the Independent group also who decided that was the proper course.

Most Deputies spoke on the measure during all stages of the Bill and everything that could be said on the subject has been said. What a further inquiry by a select group of Dáil and Seanad members could achieve is something I cannot understand. Are we not dealing merely with a proposal that we must pass to the people for judgment and why try to be judge and jury at the outset and go beyond the limits, to some extent, with a view to influencing the people to reach a decision on an issue that they are quite competent to decide on their own? The longer this issue is delayed the more difficult it will become. I do not agree that it has caused any division or disquiet among the people to any appreciable extent.

It was argued against the proposal that it would lead, in quite a number of constituencies, to a position whereby a particular Party would not get any representation. That is obvious; that is the case at the moment, and it will be the case, because only one Party can actually succeed in getting the seat. I do not think that makes any great difference because we have a number of constituencies at present under the multiple seat arrangement where particular Parties, other than Fianna Fáil, have no representation so far. We had that in my constituency of North Kerry when, in 1944, the Fine Gael Party lost the services of a sitting member, a very outstanding member of the Party for years. The position remained so that they did not get back the seat until 1951. That is a case in point.

It has been said here that supporters of the other Parties will be rather reluctant to approach a Deputy of the Party that is not of their way of thinking when he is elected. That happened in North Kerry and I am sure the requirements of Fine Gael supporters were taken care of in the meantime by Deputies of other Parties. It did not injure the Party in any way because after a number of years they reorganised their system and got a candidate acceptable to the people and secured a seat again. If that has been the case in a number of constituencies —and I think it is, in three or four— I feel Parties have no need to worry. These things go in cycles and it might turn out to be the case of Fianna Fáil or some other Party that has not so far had that experience to have it later on.

The ordinary man in the street has his allegiance pretty well tied up. While he might give preference to the nominee of his own Party to do a job for him when required, I think the fact that the nominee is not there will not influence the person from taking the steps he would take otherwise. We are dealing with a free people who realise they are not asking Deputies to do anything by way of a personal favour but merely asking them to do what they have been sent here to do. The people are under no personal obligation to Deputies.

I should like to deal with one point raised by Deputy Blowick. He amazed me when he repeated the view that Fianna Fáil were going out on this occasion again to fool the people. I would be very unhappy if I thought that statement were true. Deputy Blowick admits that Fianna Fáil had some very great selling power to get their policy across to the people. I resent the statement that the people have been subjected to this process of fooling by the Fianna Fáil Party. I think most Parties have put forward their views in the most straightforward manner possible and that there is no attempt to fool the people. I think statements like that from the Deputy tend to bring democarcy into disrepute. Deputy Blowick, as an ex-Minister, should be the last person to utter such a statement.

We have had some very interesting statements, not the least interesting the statements by the speaker who has just sat down. He said Fianna Fáil appeared to have a great selling power to get their views across to the people and get the people to accept them. They have; they have three newspapers. That is a very great power, three very positive articles of propaganda. When the Deputy said that he said it with his tongue in his cheek.

I want to reverse somewhat the figures given by Deputy Moloney. If in a constituency of 15,000 voters Fine Gael poll 4,500; Fianna Fáil poll 4,000, Labour poll 3,500 and Sinn Féin poll 3,000 and the Fine Gael candidate, on being elected, gets up to return thanks to the returning officer and the electors for having elected him to represent the whole constituency, what will Fianna Fáil say? What would be the offensive taken by Fianna Fáil against that Deputy and his colleagues elected in a similar way? I have heard Fianna Fáil spokesmen over the years challenge the right of anybody to be elected in that way. I think they were right in doing so because in the Constitution of 1922 and in the Constitution of 1937 all authority is vested in the people under God. That can only mean a majority of the people, never a minority. When a Parliament and a Government are elected on a minority vote, where is the sanction or the moral right to rule?

To the motion now before the House, a very reasoned amendment was put down, asking that the Government reconsider the whole question and that, in view of the fact that, in the Seanad, a number of Senators, who are not affiliated or associated with any political Party, people of the highest intellectual, moral and patriotic standards, said that they could not accept the Government's proposal and defeated it, the matter be re-examined objectively. No greater case could be made than that made by my colleague, Deputy Dillon, here today when he appealed to the Government to get unanimous approval of whatever proposals emerged and suggested that that was better than to steamroll proposals through the House. It is true that the Government can carry this proposal through the House, that they have a majority.

I want to remind the House that when the Taoiseach called his Press conference and announced that he had decided to abolish proportional representation, he also said that at that stage he had not consulted his colleagues in the Cabinet, nor had he consulted his Party. Remember, that proposal to abolish proportional representation came out of the clear blue sky. There was no indication during the general election that it was part of the policy or programme of Fianna Fáil to do this, if they got an overall majority. There was not a word about it. The Taoiseach made that announcement at the Press conference. Then we got the amazing announcement that the Cabinet unanimously approved of the proposal and, more astonishing still, that every member of the Party approved of it.

I have been a member of a political Party for a long time. I have been on various staffs, Army, volunteer and others. There was never a proposition I put up, in any capacity, that there was not somebody to say: "Have you examined this point?""What about that?""What precautions have you taken to guard against this?" In the old volunteer days, whenever I made a proposal, the value of my staff was that they said: "Wait a moment; what about this?", and they would criticise and put up counter proposals to make sure the best plan was put into effect. If I had a staff that said: "Yes, Sir" to everything I said, I could do without the staff. I would not want them. They would be of no earthly value to me. Here we have Fianna Fáil announcing the remarkable situation that when the Taoiseach said so, everybody said so. I think Fianna Fáil are very unfair to themselves. I think that is unfair to the Fianna Fáil Party. No good purpose is being served by that sort of assertion.

The Taoiseach is reported in the various papers—I am taking it from the Irish Independent—as saying in Monaghan, on last Sunday:

It was because Fianna Fáil could not count on obtaining an overall majorty in any future election under the present electoral system that they had decided to allow—

I want to put a little emphasis on the word "allow"

—the people to decide by what form Dáil Members should be elected in future.

That is a very significant statement— that the people will be allowed to decide. What a favour to the people! If the Taoiseach came to the conclusion that the people would vote against him in the referendum, are they not to be allowed?

The Taoiseach is trying to give them that right. Is it not you people who are trying to stop him?

No, Sir. Since I entered public life, I have stood for the principle that the people have the right to decide all matters of national importance and policy and when they elected the Fianna Fáil Government, much as I have done to prevent them and to advise them against it, I declared that, under God, they are the legitimate lawful Government of the country. That is what I fought for, to give the people the right to elect them. There can be no question whatever at any stage that I ever tried to stand between Parliament and the people's right to decide any issue of national importance.

On a point of order— I am sorry for interrupting Deputy MacEoin—I should like to explain that I did not at all suggest that Deputy MacEoin was trying to deprive the people of that right but I do suggest that his Party, by opposing the First Reading of this Bill——

That is not a point of order.

That is not a point of order. That is an argument.

The Deputy is overlooking the fact that the people were one time told by the Fianna Fáil Party that they had no right to do wrong.

Deputy Norton knows that is an argument also. Deputy MacEoin still holds the floor.

I maintain that the people have the right to decide any issue. I also agree with the proposition that they should be informed as far as possible of the issues involved and, in the past, I have taken that view. I shall not repeat ancient history. The people have the right to do that and there is no question of any Taoiseach in whatever Government may be in office saying that they will allow the people to do it. The people can decide the issue by referendum, general election, or any method deemed most suitable for the occasion.

The appeal made by Deputy Dillon was reasonable and the Government should consider it carefully because, if we had a system of election agreed by all Parties in the House, would we not have won something? Would it not be of some satisfaction to all our people that Fianna Fáil, led by their present leader, Fine Gael led by their present leader, and the other groups in the House led by their present leaders, all agreed on the most suitable method of election of Deputies. To do what? To elect a Government to serve the interests of all our people. If anybody in this House gets up and tells me that he rejects that and that he does not want it, then I can only come to one conclusion: the Party that tries, whether Fine Gael or Fianna Fáil, to propagate that principle wants disunity and does not want a united effort. We have problems to solve—I shall not go into them now—but unity would go a long way towards their solution. It would be a great day for Ireland if that unity, irrespective of Parties in this House, were established.

Under this system, if the single-seat constituency is established and a Fine Gael candidate gets 4,500 votes, a Fianna Fáil candidate 4,000 votes, a Labour candidate 3,500 votes—put it the other way about that the Sinn Féin candidate gets 4,500 votes—will it be argued by Fine Gael and Fianna Fáil that they have not got a mandate from the people on the ground that they have not a majority of the voters behind them? Equally, if Labour got the 4,500 votes and the Labour Deputy at the end of the election proposed a vote of thanks to the Presiding Officer and then announced to the assembled people that he was speaking on behalf of all 15,000 voters, what an uproar would ensue from Fianna Fáil, and perhaps from some Fine Gael people, because of this man daring to take unto himself the right to speak for all and to act in their name. The challenge would be thrown down immediately and effectively. They would say: "You have not the authority that is vested in the people."

On the other hand, assume at the worst that you have the single-seat constituency and a transferable vote and Fine Gael poll 4,500 votes, and the other figures are the same; on the second count, second preferences give the Fine Gael candidate 8,000 votes. Has he not then the majority on the second preferences? If it were the Fianna Fáil candidate, would he not be then validly, legally and morally entitled to say that he represented the majority of the electors exercising the franchise? I am not interested in the people who stay at home and do not vote at all. They are not good citizens. Every citizen has a moral obligation and a duty to exercise the franchise and play an intelligent part in electing a Parliament and a Government.

Take away the transferable vote, and you immediately lessen the voters' interest in elections because, if he is violently Labour or violently Fine Gael, but there is clearly in the constituency—however it has been secured—a majority of Fianna Fáil supporters, that voter will not vote at all. Then you get an uncontested election. This is a serious matter and the Government has an opportunity now of saving face. They should be grateful to the leader of the Opposition—the leader of the Fine Gael Party—for putting down this motion to give them the opportunity of not losing face, to give them the opportunity of reconsidering their decision.

Agreement between the different Parties would, I think, be of very great benefit. It would have an influence on our fellow countrymen in the NorthEastern corner. They would realise that we can co-operate with each other and recognise in each other certain virtues instead of emphasising the bad points; and if they came in today, or tomorrow, they would be elected not only to Parliament, perhaps, but to Government under a system of proportional representation. In that way they would have their place in the councils of the nation.

When Fianna Fáil say that the aim and object is to have two large Parties, one in Government and one in Opposition ready to form an alternative Government, what are they saying in effect? They are saying that, if the Six Counties representatives come in here, they will have to disband their various organisations—the Orange Order will have to be disbanded—and they will have to go down to the Fianna Fáil Cumann or the Fine Gael committee and join one or other of them. Would they be allowed to join Labour? Not if Labour is exterminated in the meantime. But if Labour subsequently started a new political Party, because of the accession of strength from the Six Counties, that would be another splinter Party.

I add my voice to those of my colleagues who have already appealed in a reasonable fashion and put forward sound arguments as to why the course we recommend should be adopted. If it is adopted in the interests of justice, prudence and charity, and in the interests of every section of the community, irrespective of creed, class or politics, I am satisfied that out of this evil proposal good may perhaps emerge. The truculent, domineering attempt on the part of the Government may have the reverse effect. If the amendment is adopted we might get something out of it all of benefit to all our people.

One of the difficulties about the discussion on this issue is that, for one reason or another, political Parties and politicians have over the years become so suspect in the arguments they advance that people tend to think that, no matter what is said, or by whom, it is not being said completely objectively and in a detached way. Each of us puts his own point of view, and each of us puts that view for his own personal or Party advantage. The result of that is, after 20 or 30 years' experience—and everybody here is partly responsible for it— this very important debate has been carried on over the past few months in an atmosphere in which there is a large measure of discredit of our political figures, resulting, in turn, in an inability on the part of the man in the street to assess the truth.

I listened to the debate and I read the debate in the Seanad from the point of view of ascertaining the truth. It happens to have been a very reasonable debate, and the case for and against put by both sides was put with reasonable tact and in an objective manner. Unfortunately, with the reputation that the politicians have acquired over the years, people do not accept the point of view that this happens to be one reasonable and objective debate which was carried out in a serious manner by both sides of the House, in an attempt to find the truth of the desirability of changing the electoral system.

One speaker said something about a measure of uncertainty or disquiet among the people. I do not think they clearly understand the full issues involved. It was only by being here in the Dáil, to the extent that I could be here in the past few months, that I myself was able to come to grips with the very complicated problems involved in this whole question of the voting system. The people have not had that advantage to anything like the same extent and, consequently, they are groping rather blindly to find the truth as to whether or not it is wise for them to agree to change the voting system they know. I have talked as widely as I could with many people and I found a certain air of uncertainty or disquietude that something was not quite as it should be; they did not completely believe either side; they felt the case for the need for a change has not been made really convincingly. I honestly do not believe that the case put forward by the Opposition speakers has been met from the Government benches.

Possibly the most important point put forward was on the question of democracy: is it likely to be the most democratic form of electing the legislative assembly? Is it likely to be a more democratic way than the way we have now? Of course, that is the essence of the whole problem. If it is, then definitely it would be wiser to change the system. An attempt was made to put forward the case that we would have a more efficient type of government, or that we would get better social amenities and a greater measure of prosperity, but all these are, I think, irrelevancies which have been introduced from time to time, and they cannot weigh in the discussion as to which is the most desirable voting system from the purely democratic point of view.

If we want the most efficient form of government, simply from the point of view of the most efficient machinery and method of government, then some of us would think of dictatorships. Dictatorships like Fascism or Communism have shown themselves to be, in many respects, very much more efficient—if that is what you are looking for—than our rather slow and difficult-to-operate system. Yet I think most people will agree, in spite of all our complaints, that our own is a wonderful system of government— a democratic assembly, with the debates we have here, and our right to ask questions and receive answers. We might get more efficient forms of government if we agreed to vitiate or weaken in some way, any of the underlying democratic motifs of our electoral system, but I do not think any of us really want efficiency at that price. Most of us would like to preserve, in so far as we can, the measure of democracy we have achieved over past years.

Questions have been put and the main question of one speaker was about the 60/40 proportion in the election of a Deputy where 40 per cent. would elect the Deputy and 60 per cent. would be effectively unrepresented. I do not think that question has been honestly or effectively answered by anybody on either side. The corollary to that is that a Government elected in the same way could be, in fact, a minority and the minority would effectively be the Government. Clearly, that is the antithesis of true democracy. Certainly it is not the democracy we have achieved under P.R., with all its failings and all its curious anomalies. Broadly speaking, we have succeeded in getting a higher measure of democracy than has been achieved under the direct vote, the British system, or—let us call it its electoral name—the straight vote. It would be absurd if we were to blame P.R., for instance, for the failure of our social and economic system. I hope nobody would seriously suggest it has anything to do with it. I do not believe it has. Those are particular weaknesses and have little or nothing to do with the electoral system.

The evolution of the whole idea was so odd that I think it was that curious evolution which has led to the disquiet I spoke of, rather than arguments put forward here—the disquiet in the minds of the people that something is being done which they do not fully and completely understand, which they think is slightly shady, or undesirable, or has something wrong about it.

There is the fact that this originated from above rather than from below. It appears to have originated in that way. At any rate, the stage-managing was not as good as it usually is. It originated from an individual and then it carried right down through to the democratic Ard Fheis of a Party. I think the job could have been done a little better. It would have been wiser to have had a resolution at the Ard Fheis passed by the Executive, and eventually translated into action by the Government. If this proposition had originated, as was suggested by some members of the Government, from a desire amongst the ordinary rank and file of the Party for this radical fundamental, and very important change, it seems to me that a more convincing way for the whole matter to have evolved would have been the way I have suggested.

There should have been the insistent demand from the Cumainn to the Ard Fheis, the willingness of the Ard Fheis to comply, the acceptance by the Executive, and then an agreed Taoiseach's decision. Instead of that, we had the curious business of a Press conference at which the idea leaked out. It is said that this will depend on the Cabinet. The Cabinet then considers and accepts it and it is stated that it then depends on the acceptance of the Ard Fheis, and it is accepted by acclamation at the Ard Fheis. I think that is rather clumsy and it has had the effect—he may be right or he may be wrong—of convincing the people that it did not originate amongst themselves, that it originated from an individual who wants to put a particular idea across. There is this feeling that it is being put across as something that comes from above rather than from below.

This at best epitomises the whole democratic centralist idea of Government and I think epitomises Government policy from Government benches over a number of years. At best I think it has been very much a question of individual decisions, the originators trying to get Cabinet decisions and getting acceptance from a political Party and electorate, so that the whole democratic centralist type is the antithesis of the idea of democratic Government which normally we have here. Because of that I think there is this certain suspicion, and certain lack of acceptance of the idea of an individual that he can change, at will, this very important aspect of our Government—the form of election.

I think the Taoiseach could certainly have got away with it 20 years ago, but I do not think it is quite so likely that he will romp home with it now. To be quite candid, I do not know how the referendum is going to go. There is a great uncertainty about it but I do not think he is likely to get away with it as easily as he might have done ten or fifteen years ago.

One of the rather more sinister aspects of the whole question is the way this has been stage-managed. I suggest one part of it is extremely clumsy and I think that has come through to the people. They realise that it is not their wish translated into political action in Leinster House. It is quite a different thing. It is the personal decision of the Taoiseach translated down to them, and the rather sinister aspect is the fact that it is being put forward as a single issue. It is a terribly complicated issue. Most of us tried to cover it with arguments for and against and I think most of us, on certain parts, were slightly uncertain. We found difficulty in trying to equate our own views with the arguments put forward and we tried to fight our own corner, with our own views, but I think that the confusion of the two issues is one of the most sinister aspects of the whole question and is the most disturbing part of it.

First of all, this is a question which could be debated for 20 years. It is a question upon which the Taoiseach made his decision after very deliberate consideration. He decided that was the best form of electoral system that could be devised. That point has been made very many times, and I do not intend to go into all the arguments put forward. Admittedly, a man has a right to change his mind. I think he has a moral right to change his mind in the light of convincing argument but it does make him susceptible, in the ordinary rule, of being rather less infallible if he sets himself up as a kind of repository of truth and right. It does rather undermine that position.

I think a humble man faced with the challenge, the most convincing challenge of counter argument and counter suggestion—reasonably objective some of it, some of it political but reasonably objective in some cases—knowing that on one occasion he made, in his present viewpoint, an outstanding blunder on this question, and lacking any real enthusiasm amongst his own supporters in the back benches, would be agreeable to accept some sort of half-way house to the whole question of the decision to have this presented. I think the half-way house suggested in this motion is reasonable, and that it was made particularly reasonable by not setting up a commission, because that is one of the most ancient devices known to democratic Government for long-fingering matters. The Taoiseach himself has used it many times and so has practically every Leader of every Government when he did not want to deal with any particular problem.

If the Taoiseach had been asked to set up such a commission he would not, I think, have accepted it, but here he is given a fair suggestion to provide that it should report back within a specific limited period. Because of that the Taoiseach, if he is the democrat that many believe he is, loses nothing, and at the end of that time his case is put to the people. They are allowed to consider it and decide on it within a reasonably short period. Why should the Taoiseach not allow this to happen? Why will he not accept this perfectly reasonable request?

He has himself said, in answer to a question of mine, that it would be most undesirable to have these two elections, the Presidential election and the P.R. referendum, on the same day. He is now being facilitated by the Opposition. Even though he may not be there himself to push this thing through he will see his referendum carried, and he will get a decision for or against his proposition within a reasonable period. His refusal to accept that suggestion, coupled with his own statement that it was most undesirable these two issues should be confused, has certainly added to my own disquiet, in the consideration of the desirability as to whether this referendum should be held at the same time as a Presidential election. I believe this is the device whereby the Taoiseach intends to defeat ordinary democratic processes. I think it is a reasonably clever device and a device which is likely to be very effective.

The Government have been in office for some two years and this is a very important question. If the Taoiseach believes that there should not be confusion between these two issues, in order that there should be no confusion in the people's minds, and in order to give them the best possible chance of coming to a wise decision—because the whole future of the country depends on that decision—he should see that these two issues are separated. If the Taoiseach were genuinely interested in getting a straight decision, an uncomplicated, unconfused decision from the people on this terribly important issue, if his sole interest were in the rights and wrongs of this question and in the genuine beliefs of the people on this question, he would take every possible step, and grasp every possible opportunity to make sure that the two were widely separated and that the people were given a fair chance to decide this very complex question.

Because he has refused to accept this motion it seems to me that he is determined deliberately to try to confuse the issue and to interfere with normal democratic practice by bringing in the very weighty, very emotional, very powerful and sentimental side issue of his retirement from public life. We all know the likely date of the Presidential election. We all knew of the new electoral lists and broadly speaking we knew how long a debate on a matter of such importance as this was likely to take, but only one person could answer the very vital question as to whether the Taoiseach would stand for the Presidential election on the same date as that on which the referendum was likely to be held. Only one person knew that—the Taoiseach himself.

Having all these facts at his disposal, and knowing that he had decided to leave public life and go for the Presidency—and I think he will be elected—I think the whole mechanism and process of this decision was very carefully thought out. The decision to cloud the issue, in the way in which quite definitely it will be clouded, was, I think, a very deliberate one. It was a retrograde decision and one which is likely to be considered by history as a very shameful one, in so far as it was the considered decision of a practised politician, who clearly understood its implications, to secure a large measure of public support for a most important, vital and fundamental issue of electoral policy, by going forward himself and getting support for this electoral change on the plea of sentiment or emotion, or whatever other personal issues will inevitably arise in the Presidential election.

As I said, I do not think that the case has been answered, particularly the case in regard to the democratic issue. I believe that the motives behind the decision of the Taoiseach have been made fairly clear by most speakers. The Taoiseach says that he dislikes coalitions and, because of his dislike, he is attempting to see that there shall never be a recurrence of coalitions. I am no lover of coalitions either but, at the same time, if the people want coalitions they should be allowed to have them. If they want two or three or more coalitions they should be allowed to have them and if they choose coalitions instead of single Party Government surely it is for the simple reason that they think that is a better form of Government. They may be wrong but clearly single-Party Government must have given them reason to think that multiple-Party Government was better. For that reason they should have their choice.

It seems to me that the Taoiseach feels that the time has come when there is very little difference between the major political Parties. Of course there is very little difference between the major political Parties. They are both conservative. The Taoiseach himself has said so. I have no objection to that at all. I wish that they would see the evil of their ways but that is their affair. Surely the Taoiseach will agree that if a Party of a point of view other than the conservative point of view wants to make itself felt, it should not be in the position where it is effectively outlawed by the electoral system.

So long as the politicians put forward their point of view, no matter what that point of view may be, and observe the democratic ritual, surely they should be allowed to stand for election to the Dáil, to speak and try to secure support for their Party. The Taoiseach has said that he believes a minority point of view would be used by individuals to win positions in Coalition Cabinets. He says, at the same time, that he does not think that these people should be allowed to come into politics, that the two major Parties should be able to take over—one in Government and one in Opposition—and they should go on living happily ever after.

These two major Parties are conservative and I, for instance, happen to be a Socialist. There is no Socialist Party in this House. Should I not be allowed to come into the Dáil and fight my corner and eventually try to persuade more and more Deputies and more and more individuals in the country to a Socialist point of view, which is the popular one in many parts of the world? It is only here in this country that there is an exception. Should an electoral system be so devised as to outlaw our Party, in effect, to make it impossible for it to put its policy before the people?

There is another very important point, and I wonder that it did not occur to the Taoiseach, if he is going to end Partition or feels there should be an end to it. There is a very considerable Socialist Party in the Six Counties; they hope they will be able to grow in size and eventually form a Government. Would it not militate against a United Ireland, if those Socialists in the Six Counties, facing the electoral system down here devised by the Taoiseach, decide that there are circumstances which make it impossible for them to build up their strength, or even to exist at all?

One of the greatest advantages of P.R. appears to be that the minorities have been able to come into public life here and the edges have been worn off the great bitternesses of the past. Apart from bitterness on emotional issues, there is the bitterness to come, I think, in the conflict on ideological issues. In those circumstances, it would probably be much wiser for the Government to retain P.R., in order that there may not be very violent clashes, which would seem to be inevitable under the direct vote system. One of the points which appeal to me is that, under the direct vote, circumstances may allow the point of view which I represent—no matter what happens to me—to succeed. If some Party succeeds in putting forward the democratic Socialist point of view and maintaining and developing it, a time could come, under the Taoiseach's proposed system, when that Socialist view could be imposed on the other portions of the people. That would mean nationalisation, co-operation, nationalised health services and university education, and such things which are found in a welfare society. They could be imposed on a majority of the electorate by a minority. That is the only case for the change which appeals to me.

On the other hand, as a democrat, I still believe that the retention of the present system will cause less violent change and will probably mean wiser and healthier politics here. A landslide is nearly inseparable from the direct vote, or at least it is commonly associated with it, resulting in a swing from extreme Right to extreme Left. Fianna Fáil Deputies would not like to see that happening.

In a united Ireland, under the proposed system, Socialists would find it very difficult to survive, but it is possible that if we did succeed, the changes would be very rapid under the direct vote. We recollect the remarkable insurgence of Clann na Poblachta in 1948. Even though there was a swing towards Clann Poblachta in that year, it had a very tiny effect in the end. Under the direct vote, Clann na Poblachta might have formed a Government.

The Taoiseach has not answered these questions. He suggests that the members of the Opposition should sink there differences; and this clash with his repeated condemnation of the idea that those who form Coalitions could ever live and work together. He says they should work together and then he wants to get rid of the electoral system which would let them do so. That seems to be the height of illogicality. He does not want Opposition Parties to come together. His objections are based mainly on the experience of 1948. It is an irrational dislike. We are coming into a period of great change, the end of an epoch of political thought stemming from the Civil War.

There must be a reconsideration by most of us, in each generation, of the wiser policies for Ireland in the next 10 to 40 years. None of us has a monopoly of wisdom. It is clear that we must go through a period of transition, in which various policies will be bruited about and analysed so that they may be pared to meet our own whims and fancies. It would be reasonable, therefore, to have a period in which there might be a number of Coalition Governments. It would be a period of relative instability, relative in the light of the extraordinary stability which has marked our political life in the last 35 years under P.R. We could go through a period of relative instability but that would be no harm as long as we were able to work out our agreed points of view, agreeing to differ where we could not get approval for our point of view, and in time evolve the normal political development which was so regrettably frustrated by the Civil War.

It is wrong for the Taoiseach to take any step which might prevent the evolution of a new political idea, whatever idea that may be. He himself at one time welcomed P.R. because it allowed him to come into the Dáil and build up his organisation according to his idea. I hope there will be other new political ideas coming forward because we need them very badly. Why should the Taoiseach in the closing years of his public service take this decision, to try to reach back into our time and impose his will from his retirement? It seems to me a reprehensible decision. Some of us will have to work this system when the Taoiseach is in the background, and it is very improper for him to try to impose this system at this late stage.

The Taoiseach is, no doubt, firmly convinced of the wisdom of his political, social and economic views. In the event, they do not appear to me to have been particularly wonderful, but, leaving that aside, he should be prepared to permit alternative points of view to be put forward and give every facility for their evolution. This is imperative in view of our political evolution in the past 30 or 40 years, in view of the very difficult circumstances of our country and the terrible dangers democracy is facing in almost every country in the world, the disrespect which many people have for deliberative assemblies, whether in our own country, France, Italy or anywhere else. Democracy is going through a period at the end of which it might, as we know it, disappear altogether. I should greatly regret anything that would speed that.

The case made against the setting up of a commission is absurd. What is wrong with a commission sitting, particularly when there is a proviso that it shall report within a very limited period? One of the most important of the Taoiseach's political beliefs is in regard to the language revival which has been entrusted to a commission. Commissions have considered the banking position here, vocational education, youth unemployment and emigration. All the great issues of our time have been considered by these commissions at one time or another and they have provided us with some useful information. We do not always accept their recommendations, but they have been of great benefit. There is a provision here that this commission should not sit endlessly, but should produce a report within a reasonable period.

I have been favoured with a copy of the literature in relation to the coming referendum. The arguments put forward are most misleading, arguments which the Taoiseach should reconsider in the light of the points made by the different speakers. It is wrong for the Taoiseach deliberately to mislead the public on the very important issues involved.

There is the extraordinarily patronising, supercilious suggestion in this literature that we should have a system of election to the Dáil that the people can understand. To talk like that to an electorate which has returned a Government, the Taoiseach's Government, more often than any other Government has been returned is extraordinarily tactless. Unkind people might say that is why they have continued to return the Taoiseach. However, I do not think so. They have understood and used the P.R. system extraordinarily well. I have criticised the educational system here on many occasions and it would be a biting indictment of the policy in relation to our educational system over the years, if the people do not understand an electoral system which they have used for 30 or 40 years.

There are some suggestions here which are untrue. There is the general statement that coalitions are bad government. Our experience has proved it but it is not true to this extent that probably the finest record of stability in the history of democratic government is held by Swedish Governments. The remarkable level of social justice and prosperity there and the reasonably stable Governments over a number of years would seem to completely refute the suggestion that all coalitions are necessarily bad Governments.

Switzerland has had multi-Party Governments. Admittedly, this tiny country has an economy relatively easy to organise but at the same time, it has had a reasonably stable system of Government, and from the point of view of social and economic development a perfectly efficient administration. Over a number of years the Swiss people have shown themselves satisfied with it. Of course, the truth is that some coalitions are bad and some are good. But it has relatively little or nothing to do with the system of election. You get bad Governments under either type of election.

The literature goes on to say that the straight vote compels a Government to act in accordance with the majority of public opinion. That is not true, as most people have pointed out. In ten British general elections, under the British system, only two Governments have been Governments backed by more than half the votes. It seems to me that the suggestion that the British system of election will necessarily compel Governments to act in accordance with the majority of public opinion is simply not true. It has been shown to result in the election of those commanding 40 per cent. of the votes, leaving 60 per cent. without representation.

It says also that where the straight vote has been retained, democracy has never been challenged. There is a straight vote in Spain and in Portugal, and certainly there is no democracy there. There is another point made, that in every country in the world P.R. has meant coalition Governments in which the small minorities can dictate policy. Is that true? First of all, we all know that minorities under the direct vote, under the British system, can elect a candidate in a constituency and that you can have a minority Government. So that you can get a repetition of that phrase that in every country in the world P.R. has meant coalition Governments in which small minorities can dictate policy? In every country in the world the direct vote can mean that the smallest minority can dictate policy.

The largest minority surely?

I think that point is quite clear as far as the Government representing the minority is concerned. Is it entirely true that in the coalitions, even in our experience, the minorities dictate policy? This is against myself, but is it not true that I had a particular point of view, which was a minority view, concerned with the health service, and my colleagues differed from me in that? Yet it is quite clear that I did not dictate policy and the Government, rather than accept that minority point of view, dissolved. I do not know whether that is a measure of instability or of the drawbacks of the type of Government—it may be one or other of those things—but it certainly shows that the minority point of view did not prevail on that issue. I think it was probably one of my fears, as a member of a small Party, that not only could the minority not prevail but that it rarely if ever prevailed against the will of the majority of the members of that particular Government.

So, it seems to me that it is a very deliberate untruth to say that our experience has proved that the smallest minority can dictate policy. It simply is not so. From the point of view of the health service, I regret that it did not. At the same time, as a democrat, I have to admit that, democratically, it should not and it did not. Admittedly, that is to some extent an over-simplification of that particular issue; but, broadly, I think it is true that the minority point of view on practically anything of major importance did not prevail in that particular coalition.

And when we look at the second coalition, surely the second Coalition Government dissolved rather than accept the diktat of an individual or a couple of individuals, a minority, anyway? If the minority could dictate policy, as it says here in this election literature—which I suggest is misleading and dishonest—why did it fail to do so on the really important issues in the only two experiences of Coalition Government we have had? It seems to me that the contrary is true. As a member of a minority, I regret that; as a democrat, I accept it. I think the proof here has been the contrary to the Taoiseach's suggestion of the domination by the minority in inter-Party Governments.

Cuireadh an díospóireacht ar ath-ló.

Debate adjourned.
The Dáil adjourned at 5 p.m. until 3 p.m. on Tuesday, 5th May, 1959.
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