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Dáil Éireann díospóireacht -
Wednesday, 6 May 1959

Vol. 174 No. 12

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

Thairg an Taoiseach an tairiscint seo a leanas, Dé Ceadaoin, 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 thromchúiseach 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 sa 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 Ua Maolchatha.)
Debate resumed on the following amendment thereto:
1. To delete all the 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, Richard Mulcahy.)

I was referring before Question Time to the fact that very considerable dissatisfaction exists where the single non-transferable vote operates and there is a great volume of opinion in favour of adopting the system which we are now asked to discard. I was referring to recent occurrences in the constituency of Bournemouth where a member of the Conservative Party disagreed with the action of his Government on a certain episode, which, no doubt, is a very serious occasion of difference to very many people throughout Britain. Because that Member of Parliament exercised an independent viewpoint, we find that it is possible under the electoral system for his Party to take such action that it would be impossible for him to secure re-election to the House of Commons. If that country had the system that we are now asked to abandon, it could be left to the electorate in his constituency of Bournemouth to register an opinion as to whether that Member was right or wrong in the views he expressed and the action he took.

In the North of Ireland we find that, there again, there is a fellow Irishman, a member of that Legislature, who expressed views that differed from his Party and his Government and he, likewise, has been subjected to complete abandonment and a situation created where it would be impossible for him to secure re-election. At any rate, the pros and cons of these controversies are not resolved by the ordinary people. They are resolved by the Party bosses. These incidents support the claim we make that the single-member constituency and the non-transferable vote will lead to "bossism" and dictatorial control over members of Parliament, a control which cannot be exercised under the more democratic system of election by proportional representation.

The Parliamentary Secretary to the Minister for Finance travelled over a wide field. He used some expressions of opinion, adumbrated during the course of the debate by Deputy Dr. Browne and Deputy Norton, for the purpose of lecturing us on the various types of government there are in the world. He attempted to adduce that some of our economic ills flow from the fact that Governments here, since we attained self-government, had not used P.R. effectively. He cited particular examples. He challenged me to reply justifying the action of the inter-Party Government in selling the Constellation aircraft on their accession to office in 1948.

The answer I shall make is that the Government at the time assessed different priorities as compared with the Government that preceded them. They felt the first needs of the people were houses, hospitals, sanatoria, better services in regard to health, land reclamation and so on. When all these things had been attended to, then it might be possible to look at the more expensive, but less lucrative and less beneficial idealistic priorities which found favour with the previous Government. That is why the inter-Party Government at the time took that action.

All this is, of course, quite unrelated to the system of election. It must be agreed that the Party now in office secured longer terms in office and greater majorities than any other Party in the State and they cannot claim that they were hampered during all those years because of a system of election which their own Taoiseach had written into his own Constitution as recently as 1937. It is rather late in the day to try to pass off the failures to implement policy as being due to the system of election. Surely, if that were true, the system of election would have been adverted to when the people were called upon to elect a Government on the basis of policy and on the basis of the economic situation prevailing.

On no single occasion in the course of the last general election did the Party now in office say that, given a majority, they would initiate all this controversy at a time when the people expect them to apply all their energies to solving the problems affecting the country generally. The introduction of this controversial measure has disrupted the business of this House. It has disrupted the attention of the people. It involves considerable expense, expense that could have been saved and the savings devoted to bringing about an improvement in economic conditions generally.

We are upbraided for not permitting this issue to go to the people with the utmost despatch, as if this were something upon which there was a time limit, as if an amendment of the constitution were something that should be treated lightly, something that must be got out of the way as quickly as possible. When this proposal was first mooted, the country was shocked by the announcement that it was proposed to put this issue in front of the people at this stage. It is a serious matter. It is a matter which this House, representing the people, should examine home in all its facets. It is a matter in relation to which every opportunity should be given to our people to learn the true value of the system they have—the system, as the Taoiseach says, they know so well, the system that has worked so well and for which they should be so thankful.

Rather than permit the people to take a leap in the dark and, by doing so, impose on this part of our country the iniquities and injustices that operate in Northern Ireland and in Britain under the system of election our Government are now asking the people to adopt, we felt that all the disadvantages involved in the proposed change should be brought home clearly to the entire electorate before they went into the polling booths to register their opinion.

It is particularly regrettable that the people will not be permitted to give their opinion on this issue as a separate issue, divorced from all other issues. The Constitution provides that, in relation to a particular issue put before the people, that issue should not be confused with any other issue. In framing the Constitution, the Taoiseach was careful of the necessity to divorce any constitutional change from any other issue. Despite that lip service paid to that principle in the Constitution, we are now told that the people will have, on the same day, in the same polling booth, and possibly in the same ballot box, to register their opinion as to the identity of the individual who will occupy the position of President.

A large volume of opinion in the country is resentful of that and resentful of the fact that important personalities are being thrown into the issue on the side of the referendum, the results of which will operate not alone for the lifetime of whatever President may be elected, but for the lifetime of the youngest among us today. It is in that atmosphere that the people will be given an opportunity of registering their opinion. They will not unfortunately be given an opportunity of calmly and deliberately examining what is really contained in this proposal presented to them by the Government.

We resent the allegation that the Opposition are delaying the decision of the people on this matter. The Government say they are anxious that the will of the people should prevail. It is of vital importance that, before the will of the people prevails, the people should be informed. We have been told that every forum has been provided, every opportunity availed of to bring home to the people what is involved in this issue. Yet, when the Government Party were challenged to appear in the main forum of our capital city, namely, in the Mansion House, to meet members of the Opposition in open debate, they declined the challenge. Why? They declined because they dared not stand before the electorate in the city of Dublin in open debate with members of the Opposition in defence of the action they are taking in steamrolling this through this House. There were other occasions in which the opportunity for public debate was stifled because the Government Party were not happy about the case they would be compelled to make before an intelligent audience. We have no apology to offer for having availed of every moment here to examine home all that is implied in this proposal.

This matter has been re-submitted to the Dáil because the Upper House rejected the Government's proposal. I am aware that we are not permitted to refer to personalities in the Seanad, or to criticise the decisions of the Upper House, but we respect the volume of public opinion which is represented in that Chamber just as we respect the volume of opinion represented in the Dáil. We can claim that in the Seanad there are individuals who are very learned people, people who represent spheres of higher education and who, no doubt, gave grave consideration to this measure. Despite the fact that the Government were never before defeated in the Seanad on any other issue, they rejected this Bill. We must take cognisance of that fact.

It is alleged that this is something which the House should not adopt, that an amendment of the Constitution should be submitted to a commission. The Parliamentary Secretary to the Minister for Finance referred to commissions in general and described them as "an easy way out." I wondered if I were hearing correctly, because I sat on the opposite benches when a thundering Fianna Fáil Opposition demanded, day in and day out, that a commission be set up to deal with the costings of the production of a gallon of milk. That would suggest that Fianna Fáil had some faith in commissions set up by this House.

We have had commissions on many subjects. We have even had commissions on electoral reform, and it is not long since the Government bowed to public opinion which was expressed in that respect in relation to election to the Seanad. That was certainly something to which the Government had to hearken and they set up a commission, but, mind you, it was not empowered to examine the position in relation to Senators nominated by the Taoiseach. It was confined to Senators nominated by outside bodies. At any rate, the commission sat but its establishment was in response to public demand.

We on this side assert and repeat that there was no public demand whatever for what the Government are now doing. I do not accept that commissions are set up by any Government merely as an easy way out. They are set up because the problems to be examined are complex, and because we have, within our society, experts in various walks of life who are competent to sit down and examine in detail all that is involved in the problem presented to them. Here is something that is fundamental to the entire future of our country and we say it is something that should not be rushed, something which no Party should steamroll through the Dáil, but which they should think over well and send to a competent commission for examination and report. In this issue, we are asking the people to abandon the system they have enjoyed for 38 years and to adopt merely one alternative, an alternative that we see operating unjustly and unfairly within our own shores in Northern Ireland, as if there were no other alternative.

We again refer to the fact that the first Constitution enshrined a form of P.R. as the most suitable for this country and, having had experience from 1922 to 1937, the Taoiseach, in the prime of his life, presented a new Constitution to the country and enshrined a particular form of P.R. in that new Constitution. We are told by the Minister for External Affairs that he, in fact, thought otherwise at that time, that he held other views, but that he was afraid the Constitution would not be passed, if such a fundamental matter as a change in the system of election were included in it at that time.

We know that having secured the passage of the Constitution, there were several years after its enactment when, by legislation here in the House, the system of election could have been changed without a referendum. We made an effort to discover what occurred to change so radically the Taoiseach's mind—as he is solely responsible for the presentation of this Bill at this time—and we were told it was the fact that he was displaced in office in 1948. That is a political statement. The Taoiseach and others may say that there is something vile or something retrograde in what the people did in electing an inter-Party Government, but that is a political issue. It is not an issue to be resolved by changing the Constitution.

We could advert to countries that have succeeded admirably under P.R. and that annihilates any contention that there is any economic benefit to be achieved merely by changing the system of election. Even in Britain— and we know that the system of election is a vested interest there—there has been considerable complaint about the operation of Parliament. Sir Winston Churchill had this to say—and I ask those Deputies who think there is some great wand that will be waved merely by a change in the system of election which will secure for the country some great economic benefits to listen—about the situation in Britain:

We have certainly reached a parliamentary deadlock or stalemate differing in its character from any in living experience. It is not true that the Liberal Party here, or, what is of far more importance, the Liberal Party in the country, can by simply throwing its weight on to one side or the other, determine the issue. Any step that was taken as a mere bargain or deal might not only be difficult to implement, but might well produce unfavourable reactions for those concerned. The nation might deeply resent the feeling that its fortunes had been bartered about without regard to principle by a handful of politicians no matter what party they come from, and that its vital interests were but a piece in a jigsaw puzzle.

We know, of course, what could occur under the system the Government would have our people adopt. We know that if we, on the Opposition side, are to preserve any hope of securing election to this House, we have been advised to go behind closed doors and engage in a type of intrigue which this country never knew before, where the Parties or the Party bosses and the candidates come together and barter among themselves: "You take that pocket borough and I shall take this; you dissuade your people from putting forward candidates to contest your area, because if you do not, I shall not reciprocate in my area." That is what we are told to do because it is conceded by the Government Party that where they are opposed by more than one candidate, without having the transferable vote, the Government would get the seat. That is admitted and we are told that the solution to that problem is to engage in this back-room intrigue.

Surely it is an important matter that where three or four candidates go forward in a single-member constituency, as would happen if the people vote "yes" in this referendum, the situation could arise—and it has arisen often where the system operates which we are now being asked to adopt— that one candidate would get 5,000 votes, another candidate would get 4,000 votes and a third would get 3,500 votes, that there would be only the one count and that the candidate with the 5,000 votes would be elected and the other 7,500 votes would be discarded as if the voters had no second preferences. The Taoiseach simplifies that and asks: "Why should we accept it that the man or woman who got 4,000 votes was preferred by the people to the man with 3,500 votes, rather than the man elected at the top of the poll?" That is why proportional representation gave the people the opportunity, in their lower preferences, of exercising that opinion among Parties and candidates.

That is one of the most beneficial results of P.R. In the previous debate here I cited examples with which I shall not weary the House now, but we do know how effectively the people used P.R. and expressed their desire to record more than one choice among the candidates presented to them for election. There are people who might like to see a smaller constituency. I was amazed today to hear Deputy Faulkner say that Deputies opposing the Government on this issue were doing it for Party and individual advantages. There is not a Deputy who would not like to have a constituency embracing one-third of the area that he has to cover at present, or one-fourth, or one-fifth, as the case might be. There is not a Deputy who would not have a better sense of achievement from having less people to look after and from having a smaller area to cover and, incidentally, less expense to incur. It cannot be alleged that any Deputy who spoke here on behalf of multi-member constituencies was acting in any selfish fashion.

The advantages to the Deputy elected under the straight vote system will be readily recognised. We know the advantages enjoyed in Britain, where one-half of the members of the House of Commons reside in the City of London. Certainly under that system they have nothing to complain about, a system that will re-elect them; they need not go near their constituencies because they have succeeded in getting into favour with the Party bosses. In that country, and in the other countries where the system operates, the safe seat develops. It is alleged, truthfully, that it may not exist here now but if it does not exist that is a tribute to P.R. because that is one of the greatest evils that could come upon any country. What do we find? We find that since proportional representation was jettisoned in the North of Ireland, there was a vast increase in the number of uncontested seats. In 1921, when they had P.R., every single seat was contested and the highest number of uncontested seats in 1925 was eight. They changed the system of election and in the first election subsequent to the change nobody could be got to contest a seat against the Unionists in 22 constituencies. Since that time six or seven elections have been held and on many occasions no fewer than 20 seats were uncontested.

Is the Government hoping to create a situation here where they will secure the uncontested return of a number of their outgoing Deputies? If that is their hope they are doomed to disappointment, should the people be foolish enough to adopt the system that would make that possible. That would be fought by the Opposition in the same spirit as they are opposing the proposal to create the situation that would make it possible.

We are told that all the problems that exist in the North are attributable to the gerrymandering which has been perpetrated there. We know that they gerrymander in the North but when Mr. Gallagher was writing his book The Invisible Island, he adverted to the fact that the system of election was also contributing to that. Others have also adverted to it and have proved that it was the amalgam of gerrymandering and the system of election that has made it possible for those in control to treat the minorities as they are treated in that area.

I heard the Minister speak here recently and he referred to the fact that proportional representation led to a multiplicity of small Parties. He said that there were several small Parties in Opposition in this House. I do not know what he would call a few, or much, or several, but of course everybody realises that we have not got several small Parties in this House. If he wanted to look around to find some Parliament where there were several small Parties in Opposition he would not have far to go because he would find that situation in Stormont, under the system we are told would lead to a situation where there would be only two Parties in existence.

There are nine recognised Parties in Stormont to-day, despite the fact that they have not had proportional representation since 1925. Surely that disposes of the argument that proportional representation is responsible for the creation of a number of small Parties and that, obversely, the straight vote system—the British system—leads to two major Parties and the elimination of all the smaller groups? At any rate, there is a considerable difference of opinion among Ministers as to the consequences of the enactment of this change in the Constitution, if it should be effected. Every kind of guess is being advanced as to what the consequences would be. Surely before a Government would embark on such a serious step, or ask the people to adopt such a change, they would have been in a position to assess the consequences of that step?

We know, of course, that an assessment has been made and we can fairly well guess the reasons why this is being done at this particular time. But we do urge on the Government that they have missed an opportunity of presenting this whole matter to an impartial commission. They have missed an opportunity, without losing face, of realistically examining all that is involved and letting that commission present a report. The report might recommend a system different from the one we are now exercising, but which also might be different from the system which the Government are presenting to the people as the only alternative to the system we have operated so effectively and for so long.

We are informed that the Government are desirous of giving the people every opportunity of examining all that is involved and we have had a slight example of what life would be like if the Opposition, and the minority groups, were squeezed out of existence by a change in the electoral system. We saw last week that a motion tabled in the Seanad, which referred to the provision of information for the public on this issue, was regarded so contemptuously by the Government that for the first time in the history of this State no Minister was sent to the Seanad to sit in and listen to the discussion. That is indicative of the contempt which members of the Government have for the provision of information to the public. I am not saying whether there was much sense in that motion or not, but it was intended to convey more information to the public about the pros and cons of this issue. The least that could have been done was to have honoured that House with the presence of somebody who would represent the Government, who would listen to what was said and reply to it.

It was not half as bad as what the Coalition Government did when they did not publish the Book of Estimates before going out of office.

Deputy Browne will have an opportunity of speaking and when he rises, the House, no doubt, will benefit considerably from what he has to say.

The Deputy is a bit off the mark. It is not Deputy Browne.

One would think from all the allegations made against the system of proportional representation that it was something the Government were abandoning, whereas they are abandoning it at the moment only in regard to elections to the Dáil. It is being retained for the election of a President for very sound, sensible reasons. When Deputies get up to ascribe all these evils to the system of proportional representation, will they please remember that the Government are abandoning proportional representation at the moment only in relation to elections to the Dáil, that they will have to defend the retention of proportional representation for the election of a President and, furthermore, that they have not yet indicated what their policy is in relation to the future of local elections?

It is indeed significant that no denial has been made that the Government— if the people adopt the alternative system which is presented to them— will steamroll through the Dáil a simple measure introducing a similar system of election in local authority elections. It would not be a popular thing for them to make such an announcement at this stage, and, if it were not the Government's intention to do that, it would be a very easy matter for somebody to say there is no reason why the system of voting in local authorities should be changed also.

It is ridiculous for Deputies to repeat that many of the troubles which came upon countries in Europe came upon them solely because of the system of election they had. Germany is often referred to; yet we know that in its worst days, when the Nazi tyranny was crushing down the German people and seeking to spread its hateful policy and hateful dogma throughout the world, Herman Goering is on record as having said it would be a desirable thing if Germany adopted the British system of election because, if it did, the Nazis would occupy every seat in the Reichstag. There was another assessment of what could happen if the people adopt the system of election they are now told it is in their interest to adopt.

We are informed that under proportional representation violent swings in policy are possible. Anyone who examines the matter, for even a short time, must realise that more violent changes of policy, as well as more frequent changes of Government, have occurred in Britain than we have had during the period in which we have had self-government. It is to the credit of our electoral system that we have had this type of change over from one Party to another without disrupting the country in the violent changes of policy which other countries have experienced, to their detriment.

The frequency of elections is another matter. There is no doubt that the people at large, particularly people in business, resent the disruption of business, the general expense and uneasiness that attends the holding of a general election. It would be an attractive thing to say to the people that if there were a change in the system of election, and if there were a very strong Government elected—a single Party Government—we would not have the frequency of elections which we would have under an inter-Party Government. Yet, the average life of Fianna Fáil Governments was only two and a half years, and the average life of the two inter-Party Governments was longer. That, therefore, disposes of that argument.

I could not follow Deputy Bartley today. He was mystifying in his reference to conditions that prevail under proportional representation. He referred to wars, and a war that was instituted by the previous Government and carried on in the district courts. It was a mysterious statement and one on which some speaker of his Party following him might throw some light indicating what they had to say in criticism of anything that occurred in that respect in recent years. If they could then relate that to the system of election, we could possibly know what was in the Parliamentary Secretary's mind when he made that statement.

He referred also to a priority of opinion in the country in relation to the change in the electoral system and the order in which he placed them was: the Fianna Fáil Ard Fheis, the Fianna Fáil cumainn and Parliament. Of course, that was the order in which the Taoiseach had treated the priorities of public opinion when he was announcing his intention in this regard. Dáil Éireann came third in the priority.

One other factor in relation to the change in the electoral system, if it is effected, which is of considerable importance, is that the Dáil would not get a better type of Deputy under the single non-transferable vote system for this reason: The area of the constituency is reduced and the Deputy elected in a small area, say, with one large town, would find that he was continually meeting the same people. Among them, there may be some organisation which wanted something done. It may be a fantastic idea but all he would have to do to retain his popularity would be to row in behind this proposal and every six months stand up here and say something about it. In that way, he would be proving to his constituents that he was doing their work and looking after their interests.

At the moment, you have a constituency which quite often in the rural parts extends over a fair stretch of country, 70 or 80 miles. Deputies are obliged to take into consideration the people who live in that constituency. They may vary in their walks of life or in their attitude to various problems. Therefore, the Deputy is better informed in relation to general matters. In the single-member constituency one finds that, in the first place, the Parties would be encouraged to select a candidate from an urban area with a concentration of votes which would mean the diminution, if not the annihilation, of agricultural representation in this House. At any rate the great objection to this is that if the people in that constituency elected a Deputy who had failed to come up to their requirements, they would be saddled with that Deputy, and with that Deputy only, for the entire five-year period or for whatever was the life of that Government. At the moment, if a Deputy is hors de combate, if a Deputy is remiss, there are two, three or four other Deputies there. If, as is alleged, there is some competition among Deputies which results in increased work for them, that is their own fault, not the fault of the system. Under the present system, when Deputies speak on Estimates or on various Bills presented to the Dáil, they have a more comprehensive outlook towards the provisions in the Bill or whatever measure is before them than they would have if they were restricted to a small bit of country and to a limited number of people.

No doubt the same applies in the cities, with which I am not familiar, but if there is not a great area involved, at least there are wider differences of opinion and consequently when a number of Deputies are elected from a large area of the city, they can be regarded as representing a cross-section. If they are elected from a minute part of a city, all they need do is apply themselves to local problems so that the Dáil would be reduced almost to a local authority.

It would be more beneficial to the future of the country if the Deputies elected had to give consideration to a wider range of subjects and to a greater number of people than they would have under the new system. It would be possible under the system the Government are recommending to the people to secure the election of a very powerful Government from a minority of the votes cast. As long as the transferable vote was there it operated as a liaison between Parties to bring home to them the desires of the ordinary elector. Deputies were fortified in their policies and in their attitude by being aware of the feelings of the electorate as expressed in the preferences on the ballot paper.

The adoption of the straight vote system, where several Deputies could be elected from a minority of the votes cast in each constituency would mean that when the new Dáil met, it would be authorised to elect a strong Government representing only a minority of the votes cast. That could create a very disturbing situation for whatever Government was in office and that is quite apart from the fact that we would be denying to substantial minorities the representation which would give them some hope of advancement. No matter how we may differ in our views, we must admit it is a legitimate ambition for a Party to want to advance and, as has been said by Deputies on the opposite side, eventually to attain that progress which would give them a mandate to take over government.

If we advise the people to enact an electoral system that will make it impossible for such people to take their seats in this Dáil, surely, apart from the consequences in relation to public confidence, we would be doing an extremely unjust thing. We have accepted down through the years that these people have the right to express their opinions. We should not deny them the right to express them in the House because this is the forum of the nation. If we did that, it could reap an unwelcome whirlwind for some Government in the years to come. That was the first thing which animated this Party in taking their decision to oppose this proposal and to recommend to the people that they should reject it. We felt it was unfair and unjust to the minorities and could only result in feelings of frustration that could very well show themselves in undesirable ways.

The attention that has been devoted to this measure since it was first introduced has been worth while. We still feel that this is an opportunity to impress upon the people—it has been said that the members of this House are to a very great extent authorities on the subject—that they should not at this stage lightly jettison a democratic right, something they have enjoyed for many years, something they have used effectively and something which the Taoiseach said they should be thankful for having. It is particularly undesirable that we should have to discuss this matter at a time when so many other problems are crying out for resolution, when we should be applying our time and energies towards bringing about that improvement in the economic life of our country which the people desire.

It is in that atmosphere we regret the Government could not see its way to adopt the amendment tabled by Deputies Costello and Mulcahy asking that a commission be set up to examine the pros and cons. It is not a matter which is of extreme urgency and if the people do not weigh the pros and cons and if they take a decision lightly, they may very well regret it. We feel that all that has been said has been necessary and that it would be well for the Government to accept the realistic amendment tabled by the Fine Gael Party. They do not intend to do so and seemingly insist on their powers as a strong Government to steamroll any measure they want through this Dáil, irrespective of the consequences.

One would expect the Fianna Fáil Party would be allowed to speak at least on the closing stages of this debate for this week. This debate is necessary and useful, having regard to the fact that this opportunity would not have been presented to the Dáil, were it not for the wisdom and foresight of Seanad Éireann in rejecting this Bill when it was placed before them for their consideration. I think that in rejecting the Bill, Seanad Éireann acted wisely. A member of Dáil Éireann must ask himself what were the reasons which prompted Seanad Éireann to reject this measure.

It was simply because they felt it was not in the best interests of the country. That is why the Dáil is given an opportunity of dealing with the Taoiseach's motion asking this House to assume that the Dáil and Seanad have passed this Bill. To that, an amendment has been moved by Deputy Costello and Deputy Mulcahy. It is a reasonable, common-sense amendment and one which, in the opinion of the common-sense people throughout the country, the Government ought not to reject.

Our present electoral system could last for the lifetime of this Dáil. Why can this matter not be decided in a calm atmosphere by a joint committee of Dáil and Seanad, as indicated in this amendment? We all know the motive behind the rushing through of this legislation. The Fianna Fáil Party know that this could not be attempted without having the present Taoiseach as a medium to spellbind the people into voting for this proposal. We have heard of strange people and strange happenings, but the Taoiseach seems to have an art not possessed by anyone else in Fianna Fáil, that is, the great art of spellbinding the electorate. It is because they want to use this great national spellbinder on the occasion of the referendum that they want to have this decided on the same day as the Presidential election.

In the course of the debate yesterday, we had an observation from Deputy Dr. Browne that an important issue of this kind should be decided on its own, apart from any Presidential election. He went on to suggest that if Deputy MacEoin withdrew his candidature for the Presidency, there might be a different result.

The Deputy was informed that the question of the Presidential election does not arise.

I agree, Sir, but I felt that as Deputy Dr. Browne dealt with the matter yesterday, at least some observations ought to be made, particularly in view of the fact that should this amendment be rejected, presumably this issue will be put to the people and the referendum and the Presidential election will be held on the one day.

No matter what way the Fianna Fáil Party may endeavour to paint this in the country, we all know that it is being done with one intention: to give a lasting reign to the Fianna Fáil Party. The Fianna Fáil Party know quite well that as a result of their activities over the past two and a half years, in an election under P.R., the writing would be on the wall for them. If at this moment the Taoiseach decided to ask the President for a dissolution, I venture to say that, under P.R., the Fianna Fáil Party would be completely wiped out of the political life of this country.

The test of the matter is that in the last general election—no matter what the Minister for External Affairs may say about promises prior to an election—Fianna Fáil promised everything a Party could promise, but there was no mention about a change in the electoral system. That was something they had up their sleeves. If the Minister for External Affairs is concerned about the proper type of government for the people and if he feels that each Party should place its policy before the electorate in advance of each general election, I should like to ask him why there was no mention of P.R. by the Fianna Fáil Party in the last general election. How is it that prior to the last general election the electoral system was all right? The electoral system was all right until the time came for the Taoiseach to get out of politics. Then I presume there was panic within the Party. If the old spellbinder was eliminated from the Party, there would be nobody else to perform. The only way in which the spellbinder could be replaced would be by altering the present system of election and by rigging and gerrymandering the constituencies.

The principal motive behind this Bill is to bring about a state of affairs here whereby the electorate will be prevented from changing the Government. It is all very fine to say that after a number of years there can be changes of Government, that public opinion will alter, that no matter how many candidates you put into the field, you will have results similar to those under P.R. I feel you will not. If P.R. goes, you will have in this country a state of affairs similar to that which exists at present in the Six Counties. Whatever Government is elected in the general election which follows the abolition of P.R., that Government will be in office for very many years.

The Taoiseach said that what he would like to see in this country is a strong Government and a strong Opposition. If P.R. is abolished, what you will have here is the Government Party, the Opposition Party and no small Parties whatever. We are told that this is an attempt to squeeze out the Labour Party and that it is an effort to squeeze out the Farmers' Party. We are told this is an effort to destroy the new Parties that may be on the horizon. We are told by a Minister that after the next election even Fine Gael will be wiped out. I put it to the House that that is exactly the aim of the Government. They have now reached a stage of saturation in drunkenness with power and authority. The strange thing about our people is that the harder and firmer the Government put their heel on their heads, the better the Irish people like it.

A Deputy

The stronger they make them.

The Deputy is quite right. This situation would not be tolerated in any other civilised country. Fianna Fáil have now come to the conclusion that they will lose the referendum and that P.R. will not be abolished. I am convinced that when the electorate are asked to change the system, to surrender their right, to give up the measure of freedom they possess and which has brought stability to the country, they will use their own wise judgment and tell Fianna Fáil that they will not be deprived of their right to send whatever Party they like to Parliament or to send the candidate of their choice there.

It is all very fine for the Taoiseach to say that what we want in the future is stability. Not so long ago, the Taoiseach said in this House that he detested the men opposite him. That is on the records of the House. He went further and said he detested and hated inter-Party and coalition Governments. What is wrong with coalitions? If the people want that type of Government, are they not entitled to it? If they do not want it, they are entitled to the results of any other form of government they choose. I think it is a nice thing that the people, in accordance with the freedom we have, should be able to send whatever Party they like to Parliament and if they want to vote for an intelligent man who will look after their interests and who will have a good progressive policy, they are entitled to choose him. If they want a dud, a man who says nothing and does nothing, they are entitled to choose him under the present electoral laws. I think that is a very good thing.

It is extremely dangerous to restrict the right of the voters. It is wrong to deprive Parties of the right to come into this House; it is wrong that an effort should be made by Fianna Fáil to prevent the people from sending whom they like to Parliament, but the most serious part of this legislation is the rigging of constituencies. Let no member think that there will be anything other than rigging of constituencies. There will be gerrymandering that would teach lessons in gerrymandering to the people in the Six Counties. If we are to judge by the conduct of Fianna Fáil in the past 20 years, what else could we expect but gerrymandering?

Under this Bill, we are told that three Deputies representing the Government, three Deputies representing the Opposition with a High Court or Supreme Court Judge as chairman, will form the Constituency Commission. If they are not unanimous, or if they disagree, the decision will be left entirely in the hands of the High Court or Supreme Court judge who will be appointed by the President. I fear that is the most dangerous, damaging and serious part of this legislation.

It is true that in Switzerland, Sweden, Norway, Denmark and Belgium, P.R. exists and works. It would be interesting to know what argument the Taoiseach has when he goes on to say that for the future we want stability and strong government. Have we not had stable government here in the past? If you go back where you have the single transferable vote, as you have in England, and if you take the period from 1922 to the present day you find that there have been nine prime ministers, nine different Governments there.

They have had Lloyd George as Prime Minister, Bonar Law, Ramsay MacDonald, Stanley Baldwin, Neville Chamberlain, Winston Churchill, Clement Attlee, Sir Anthony Eden and Mr. Macmillan. We have had only three since 1922, Mr. Cosgrave, Mr. de Valera and Mr. Costello. That entirely destroys any argument the Taoiseach has in favour of the abolition of P.R.

P.R. has worked well here and has given fair representation to all sections of the community. It has not debarred people of different religious denominations from this House; it has not debarred Independents or any small Party that has arisen in recent years from coming here if they wanted to do so.

The Government in their efforts to obtain power and authority have already made an attack on P.R. In 1935, Fianna Fáil endeavoured to slash P.R. by increasing the number of three seat constituencies from six to 22. Under the 1923 Electoral Act, there were one nine-member constituency, three eight-member constituencies, five seven-member constituencies, nine five-member constituencies, four four-member constituencies and six three-member constituencies. There was a revision of constituencies in 1935 when the first attack was made on P.R. and, as a result of the changes made since then, we now have nine five-member constituencies, nine four-member constituencies and 22 three-member constituencies.

Fianna Fáil increased the number of three-member constituencies to 22 because they wanted to set up in those constituencies conditions under which, through graft and intrigue and organisation and any other method, they could have two seats out of the three in each of the 22 constituencies. That worked to some extent. Now, they are endeavouring to take it a step further and to have the single-member constituency.

I feel that the single-member constituency, while it may be a small constituency to govern, will not send to this House the representative who will come with the wishes of the majority of the people. It will be the representative who will be sent here against the wishes of the majority of the people. That is where I think the proposed system is very bad, unreasonable and will not work too well in this country. It is one which I feel will be rejected by the electorate when the opportunity presents itself next month.

I should like, if I may, to ask the Government: why all the immediate anxiety about the future of this country and about depriving the people of the right to have further Coalition Governments, if they so desire? Is it not a fact that Coalition Governments have been more satisfactory in this country and have given better government than the strong Fianna Fáil Government? One might say that that is a matter of opinion.

I feel that what the people of this country want is not strong government but efficient and good government. There is a great difference between what one may term a strong Government and an efficient and good Government. From 1932 to 1948 we had an uninterrupted term of office by the Fianna Fáil Party. At the end of that long term of office from 1932 to 1948, there were fewer cattle, fewer sheep and fewer pigs in this country than ever before since the days of the Famine. Fewer people were at work. Our exports had vanished. The economic position of the country was in complete chaos until the change of Government came about in 1948. Were it not that P.R. gave the electors the right to send to Parliament the various Parties which comprised the 1948-51 Government, the country would probably be in such a state of economic depression now that it would be a land of very old and very young people.

The electoral system in this country that will enable the leaders of political Parties to come together and form a Government is something of which we should be proud. I should like to ask the Minister for External Affairs or any member of the present Government why the law should prevent the leaders of any small Parties from coming together after any general election and forming a Government, if it is in accordance with the wishes of the people of this country?

Why not before?

If it is in accordance with the wishes of the people, what is wrong? Is there any difference between forming a Government after the election and proceeding with the work or going out to the people before an election, making promises and, after being elected the Government, breaking all the promises and doing the very opposite of what they were elected to do? Where is the difference? I do not see where the difference exists. That is where I can see a great danger.

Take a Party such as the Labour Party. If there is nobody in this House to speak for organised Labour, what will the position be? Take a constituency with 20,000 working-class people. If, for that constituency, a Fianna Fáil candidate is returned and if, as the Fianna Fáil Government have done in the past, they decide to introduce a system of wages standstill, it is the height of insanity to try to paint the picture for the labouring man that the Deputy sitting on the Fianna Fáil benches and representing his constituency and representing him will be opposed to a wages standstill in his area.

Who will air the grievances in this House of the thousands voting against the man who is elected, if he is a Fianna Fáil man, as was quoted to me this morning? There is really only one Teachta Dála in this House and he is the Taoiseach. He speaks for all. To say there are 77 or 78, or whatever the number may be, is all right so far as figures are concerned but there is really only one Teachta Dála in this House.

Thank God, there is only one Oliver J. Flanagan.

Oliver speaks for the whole Fine Gael Party.

Deputy O.J. Flanagan.

I put it now to the Fianna Fáil Party that there is really only one Fianna Fáil Teachta Dála.

There is only one Fine Gael Teachta Dála.

Is it possible that when P.R. now arises, and it did not arise previous to this, every single member of that Party immediately falls into line? I know well that there are Fianna Fáil Deputies shaking in their boots lest this measure will go through.

Tell us how the voting went with the Fine Gael Party.

There are Fianna Fáil Deputies going through the country at present, asking their supporters to organise and get ready for the Presidential election and the referendum so as to give the old Chief a good majority—but they are not mentioning the P.R. vote. They are making no mention of that because they know very well in their hearts that some of them have been elected to the third, fourth and even fifth seat, the third seat in a good many cases and the fourth seat. For the life of me I cannot see a Fianna Fáil Deputy who got in on the tenth count shouting himself hoarse for the next five weeks asking the people to change the electoral system.

There are more of that kind over there on the Opposition benches.

I feel that no matter how you may try to rig my constituency, I shall come back here.

It is a good man who can go the ten rounds.

I will stand for any part of Laois-Offaly and I will come back here.

(Interruptions.)

Deputies will have to allow Deputy Flanagan to make his speech.

The Minister for Lands happens to be in the House at the moment and he is a typical example of the type of Deputy to whom I am referring. I would ask the Minister for Lands what constituency he will choose to be elected in as a T.D. if proportional representation goes.

It will not be Westmeath.

It will be no place else. He could not get in.

I am advocating its abolition.

To the lads outside.

To everybody.

Wait until the Minister gets them inside the locked doors—his own friends—and he will have a different story to tell.

Is the Deputy charging me with saying something different behind locked doors from what I say outside? I have to deny that. It is a very unfair charge for the Deputy to make.

I am not making the charge.

Better withdraw it.

I want to be fair to the Minister for Lands. The Minister for Lands knows me well enough to know that I would not make an unreasonable charge against him. I may make one for which there would be very good grounds but I do not make an unreasonable charge. I venture to say if I were cloaked with the hide of the present Minister for Lands my conscience would be worrying me about whether proportional representation was to be abolished or not.

The Deputy is contradicting himself. Five minutes ago he was saying we would all be saved by changing the system. He cannot have it both ways.

I was pointing out that, unfortunately, the Minister for Lands happens to be in a different position from that of the great majority of his own Party. The point has been made in this debate more than once that if proportional representation is abolished you will get a better type of Deputy. How does that arise? The electorate will not have a choice under the straight vote system. At present, if the electorate want to elect a Fianna Fáil Deputy they can do so but there are Fianna Fáil supporters who have a kind regard for Labour and Fine Gael candidates and they give them their second and third preferences, as has happened at every general election. I got 5,000 Fianna Fáil votes in my constituency. There is a large number of people in every constituency who vote for the man, not for the Party or the policy.

If the people are deprived of a choice of candidates, in many instances they will have to vote for a man they do not know or a man who may be forced upon them by the Party organisation. It is depriving the electorate of their democratic right to send whom they like to Parliament to represent them. If the elector has not a choice of candidates, he cannot be expected to vote wisely or to elect the best man on the ballot paper. The most dangerous thing we could do is to interfere with the system of election to this House. A change in the Constitution ought to be viewed by the electorate in the gravest possible sense. The electorate should endeavour to divorce this great national issue from any political tie-up or issue. One way by which that could be done would be to comply with the terms of the amendment in the names of Deputies Costello and Mulcahy.

Down through the years Fianna Fáil have been the great Party and the great Government for commissions, plans and schemes.

The amendment asks for the establishment of a commission.

The office of every Fianna Fáil Minister is bulging with plans and schemes surrounded with dust and covered with cobwebs. The shelves are cracking under the weight of plans and schemes. No action is taken in regard to them. The Minister for Lands may be inclined to sneer but it is quite true to say that when the inter-Party Government took office in 1948 they found plenty of plans and plenty of schemes and plenty of files waiting there. It would be wrong to deny Fianna Fáil a certain amount of credit that is due to them. However, all these plans were covered with dust and surrounded with cobwebs and none of them was put into action. There were recommendations from commissions and bodies set up by this House to report on various economic problems affecting the nation. They were all lying there, tied up and put away because they had served their purpose.

The very Party that are so fond of setting up advisory bodies and commissions to investigate this, that and the other thing, and to decide issues of national importance, refuse on this occasion to set up a commission of representatives of all Parties in this House and in the Seanad to investigate the very greatest issue of national importance. The best day's work ever done for this country was the rejection of the Third Amendment of the Constitution Bill by the Seanad. Senators who were not entirely tied to the Fianna Fáil Party voted against the measure and advised the country to reject what they termed "this dangerous proposal".

The action of individual Senators does not arise for debate on this motion. The Deputy is entitled to refer to the decision of the Seanad. Beyond that it would be irrelevant.

The fact that the Seanad, in their wisdom, rejected the proposal shows that there are certain great dangers in the proposal. I seriously suggest to Dáil Éireann that, if there were a free vote on this issue, three-quarters of the Fianna Fáil Party would vote for the retention of proportional representation.

The reason for the Fianna Fáil Party's refusal to set up a committee to consider this issue calmly and to report on it is not understood in the country because the Fianna Fáil Party have been asking for co-operation and suggestions. When co-operation is offered by every other Party and when suggestions are made to have the matter discussed around the conference table, where it can be considered in an atmosphere of commonsense and business, the Taoiseach comes into the House with his team behind him, for the purpose of bulldozing this legislation through.

Cuireadh an díospóireacht ar athló.

Debate adjourned.
The Dáil adjourned at 5 p.m. until 3 p.m. on Tuesday, 12th May, 1959.
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