asked the Taoiseach whether he will make a statement on the situation arising out of the decision of the High Court on the Electoral (Amendment) Act, 1959; and what action the Government proposes to take.
6.
Ceisteanna—Questions. Oral Answers. - Electoral (Amendment) Act: High Court Decision.
5.
asked the Taoiseach if he will indicate to the Dáil what foreseeable circumstances he had in mind when he stated in Dundalk that it might not be possible to hold a general election until Spring, 1962; and if he will make a statement on the matter.
With your permission, Sir, I propose taking Questions Nos. 5 and 6 together.
Deputies are aware of the decision of the High Court on Monday last declaring certain provisions of the Electoral (Amendment) Act, 1959, to be unconstitutional. That decision is, of course, open to appeal to the Supreme Court and indeed the learned High Court Judge expressed relief at the probability that this decision would be reviewed by the highest legal tribunal. The Government are considering whether an appeal is to be taken.
Until a decision has been taken whether or not there should be an appeal, I do not wish to make any comment on the decision of the High Court. I should stress, however, that the provisions embodied in the Act were enacted in the belief, which I for one still hold, that they were warranted under the Constitution, and that if other considerations did not enter into the matter an appeal would certainly be taken.
In arriving at the decision on the question of an appeal, the Government have to take account of two considerations. On the one hand, it is desirable that questions of the constitutionality of Acts of the Oireachtas should be finally determined by the Supreme Court, and on the other hand, there is the possibility that the taking of an appeal might necessitate that the life of the Dáil might have to be prolonged for more than five years from the date of its first meeting, viz., beyond 19th March, 1962, which is a course which I should be most reluctant to contemplate.
If an appeal is taken, there can be no general election until the decision of the Supreme Court is known. If it should happen that the decision of the Supreme Court should be against the Act, it would then be necessary to introduce legislation revising the constituencies afresh and before an election could be held, new polling schemes would have to be made and various other administrative arrangements carried out, all of which would take time.
There is the further consideration that under Article 16. 2. 3º of the Constitution, it may be held that in any revision made after April 9th next, the population figures to be considered should be those ascertained at the census to be taken on that date. The provisional figures from that Census will not be available for some months, and this would mean delaying the legislation so that the prolongation of the life of Dáil Éireann beyond the period of five years which I have mentioned would be almost inevitable. Deputies will understand that a decision on the course to be adopted must be arrived at after a careful consideration of all aspects of the matter, and that for this reason, I am not in a position to say today what action will be taken.
In the event of a decision being taken between now and to-morrow, may I assume that whatever decision is ultimately taken by the Government will be communicated to Dáil Éireann?
I would not like to forecast the possibility of a decision being reached before to-morrow. I think I am correct in saying that an appeal may be lodged within 21 days, but for reasons relating to the time factor which I have mentioned, I would certainly be concerned to ensure that there would be no avoidable delay.
I may assume the decision will be communicated to Dáil Éireann at the earlist possible moment?