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Dáil Éireann díospóireacht -
Wednesday, 5 Jun 1968

Vol. 235 No. 4

An Bille um an Tríú Leasú ar an mBunreacht, 1968: An Coiste (atógáil). Third Amendment of the Constitution Bill, 1968: Committee Stage (resumed).

AN SCEIDEAL.
SCHEDULE.
D'atógadh an díospóireacht ar an dtairiscint seo a leanas:
Gurb é an Sceideal, mar a leasaíodh é, is Sceideal den Bhille.
Debate resumed on the following motion:
That the Schedule, as amended, be the Schedule to the Bill.

I was dealing with some further points which Opposition Deputies had suggested I should deal with, although I felt myself I had dealt with some of them adequately already. I think I should refer to a point raised by Deputy Norton who suggested that in view of the fact I had made it clear that the overall effect of the provisions of this Third Amendment of the Constitution would be to move closer towards having the value of a rural vote the same as an urban vote, it might be better to put a provision into the Constitution to the effect that representation would be based on the electorate rather than as at present on total population on the grounds that this would be a better way and would ensure that votes in every part of the country would be of the same value.

The figures have disclosed that the present position, which the Opposition are so tenaciously trying to hang on to, ensures that it will take a considerably greater number of voters in rural areas to elect a Deputy than it will in urban areas. Deputy Norton then suggested it might be a good idea to change the requirement in the Constitution entirely from population to voters. I would agree that, if this were feasible, it certainly would be more democratic than the present position which the Opposition want to maintain. The present position is not even theoretically democratic as distinct from being practically democratic.

I made it quite clear from the figures that to do what is required by the present interpretation of the Constitution would result in the infliction of injustice on considerable sections of the community in different parts of the country without conferring any corresponding benefit on those people. There are however a number of reasons why it is more desirable to base revisions of constituencies on census figures rather than on the figures of the electorate which are compiled annually in the compilation of the register in different constituencies.

The first point is we already have this requirement in respect of population in the Constitution. It was considered better to amend the Constitution—to get rid of the constitutional infirmity to which Deputy J.A. Costello referred the last day—rather than introduce completely new requirements with regard to voters. Particularly in view of the manner in which the Opposition Parties oppose everything on the basis merely that it has been proposed by the Government, to make a fundamental change like this would be likely to lead to even more vehement opposition than usual.

As I said, the same result is achieved by this provision allowing some slight scope in the revision of constituencies in order to do justice to the people involved in such a revision. What I have pointed out during the debate on this Bill is that what we are proposing will result in rural votes in general being of the same value as urban votes, but at the same time the effort to avoid the injustice and anomaly of breaching county boundaries in certain cases will produce local divergencies in particular areas.

For example, I stated that if you take the area of Kerry-Limerick as a whole, the population in that area would make it justifiable to maintain the same total representation there but that the present constitutional requirement necessitates, in order to do that, the transfer of some of the population of Limerick to Kerry. What I pointed out was that there was no net gain to the people of the area as a whole and that I was quite sure the people in Limerick whom the Opposition want to transfer to Kerry would be just as pleased to remain and vote in their own county, even though it might take marginally a greater number of votes to elect a Deputy there than it would in the neighbouring county of Kerry and that it was not required by any democratic principle that these people should be uprooted and required to vote in County Kerry rather than in Limerick. I did not believe they would look on this as any vindication of their democratic rights.

While you would have these local differences, at the same time the effect of what is proposed will be to redress the differential of voting power that otherwise the present constitutional requirement confers on people in built-up areas generally. To change to having a rigid requirement, to basing the representation on voters rather than population, would have the same overall effect but at the same time it would not avoid local injustices such as those to which I have referred. In addition to that there is the fact that populations are compiled by means of the census every five years. They are ascertained on a national basis by a nationally mounted, complicated and costly process. Census figures generally are accepted as being authoritative. They are carried out under the control of the Central Statistics Office, whereas with regard to registers of electors, although they are compiled as carefully as possible, still, anyone concerned with elections realises that they are not always, at any rate, 100 per cent accurate. The compilation of registers of electors must be an annual operation and the same elaborate organisation and expense as for the compilation of the census would not be justified. Censuses, in fact, have before now disclosed that other statistics have not been accurate.

I think it is undesirable that constituencies should be based on figures whose accuracy is not absolutely unimpeachable. As we know, the standard of accuracy in the compilation of registers often varies from county to county, or from constituency to constituency, whereas the census is compiled on a national basis under the direction of the Central Statistics Office. So, in a number of ways, the census figures are more reliable. It is this rigid requirement in the Constitution that necessitates this injustice being done to certain sections of the community because of the fact that no consideration can be given to the percentage of voters in the total population in the different areas of the country.

In addition the census must be compiled at five-yearly intervals. For this reason it has an element of stability which is not possessed by the registers which are almost continuously undergoing a process of revision. They have to be revised every year almost. If this requirement were to be inserted in the Constitution, that is, if the constituencies were to be based on the number on the registers rather than the population as ascertained at the previous census, there could be practically continuous pressure for a new revision of the constituencies.

Basically I would agree with Deputy Norton that the number of voters per Deputy is a more relevant factor to take into consideration, but it is clear from the figures I have given that the overall effect of operating some scope such as we are proposing in this Bill over the country as a whole for the purpose laid down in the Bill—to avoid breaching the county boundaries —will be to even out representation over the country.

On the whole I think the present proposal, if carried, is reasonably satisfactory. I believe that even if we were to amend the Constitution so as to base representation on voters rather than on population it would still be desirable to have some such scope in regard to the numbers per Deputy in individual constituencies as has been proposed here; so we would be making two changes instead of one.

Deputy Dunne raised a number of points. I do not know whether I should reply to them. His whole contribution showed the capacity of the Opposition to ignore the facts. Deputy Dunne maintained that the effect of this will be to give greater representation to some sections of the community whereas, in fact, the figures disclose the exact opposite. The present position does exactly what Deputy Dunne and other Deputies pretend they want to avoid. It gives greater representation to some sections than to others. For instance, I showed on the figures of the last census and the last available registers that, if the revision of the constituencies which is now required is carried out on the basis of the present constitutional position, it will take only 10,206 voters to elect a Deputy in certain parts of Dublin city, whereas it will take over 13,500 voters to elect a Deputy in parts of rural Ireland. That is the position which Deputies apparently want to retain.

Mainly I have been answering queries and arguments put forward by the Opposition and I have been accused of filibustering and delaying the passage of the Bill through the House. Of all the allegations that Deputies have been making that is the most amazing of the lot, when we consider that on Second Reading which opened on 28th February, 1968, and ended on 3rd April, 1968, 21 Members of the Fine Gael Party spoke. As we all know, there was a majority of only one in favour of the position now being taken by Fine Gael.

(Cavan): If you repeat a lie often enough you come to believe it yourself. The Minister does not know the meaning of the word “honesty”.

If there was a majority of only one this seems to be an indication that the 21 Deputies who spoke were nearly the maximum of the number of Fine Gael Deputies in favour of the position they are now taking up. The peculiar thing is that they all made practically the same speech. Some of them used the same words.

Deputy Hogan did not.

He made a slightly different speech. It is clear that all the speeches were leading up to Deputy Hogan's speech and to the recent speech by Deputy M.J. O'Higgins which consisted of an abject appeal to another Party to put them into Government and an admission that there was no prospect whatever of their ever doing it under their own steam. Those speeches were all leading up to the "will-you-walk-into-my-parlour" speech by Deputy O'Higgins.

(Cavan): The Minister is trying to change the Constitution to ensure that he will stay in office.

The point I want to make is that Fine Gael had practically a full muster of the members of the Party who are in agreement with the attitude they are taking. On Second Stage no fewer than 15 Members of the Labour Party also spoke. Yet, when I come along to repair their omissions, and to put them in possession of some of the facts, and let them know exactly what they are doing in opposing this Bill, they accuse me of delaying the passage of the Bill through the House. Also when I respond to their demands to deal with specific points they make the same allegation. I believe I have done a very valuable service for the Opposition Parties in putting these facts on the records of the House. I have taken cognisance of the Fine Gael complaint about their lack of research facilities which was quite obvious from their ignorance about what they themselves are doing in opposing this Bill. Figures with regard to the different constituencies which, if they were studied, would give the Opposition the picture of what the consequences will be if their opposition is successful, were made available to them. These were put on the records of the House and it was obvious that they have not been studied. I have now given them an indication of what will happen if their opposition is successful and they cannot plead ignorance of what they are actually doing. These facts will be made known to their constituents.

I think the Fine Gael attitude to this proposal is typical of the inability of the Party to make positive decisions. Deputy J.A. Costello at least apparently cannot bring himself completely to renege the stand taken by the Party in 1961 after the present scheme of constituencies was drawn up as a result of a decision of the High Court. He admits there is a "constitutional infirmity" but he will not admit this is the way to remedy it. At the same time, he is unable to suggest any other way in which this constitutional infirmity could be remedied—because, of course, Fine Gael cannot make up its mind on any positive decision and, in fact, there is not any way in which this can be remedied except by giving some scope for the avoidance of the type of injustice to which I have referred.

The only decision apparently that the Fine Gael Party was able to come to was to defend the existing position to the last, irrespective of their wholehearted denunciation of the inevitable injustices which were involved in 1961 and which must now be repeated on a much wider scale if they are successful in their present opposition. At the same time, they are particularly touchy about any reference to the fact that this position was established as a result of a Fine Gael manoeuvre in the courts. Any Fine Gael complicity in riveting this interpretation of the Constitution on the country is hotly denied in face of the fact that the action was brought by a Fine Gael Senator, Dr. O'Donovan; that his solicitor was a Fine Gael Deputy, Deputy Ryan; that his senior counsel was a Fine Gael Deputy, Deputy P. McGilligan and that his junior counsel was a Fine Gael Senator, Senator O'Quigley. It is just too naive to expect anyone to accept that this action, which secured this interpretation of the Constitution, was not a deliberate Fine Gael Party action. Of course it was a Party operation, just as surely as if the action had been taken in the name of the Fine Gael Party.

Suggestions have been made that this proposal is to facilitate gerrymandering. Here, again, we have another clear indication of the confused state of the minds of the Opposition Parties. Quite clearly, this is a provision to reduce the breaching of county boundaries, to reduce the adding of parts of one county to another county, and so on. When, as a result of the High Court's decision, this had to be done on a comparatively limited scale in 1961, the claim was made by the Opposition that the portions taken out of one county and added to another county were selected on the basis of deliberate gerrymandering. Now, the claim is that adherence to county boundaries is gerrymandering also. The Opposition have voted against the preservation of county boundaries. They therefore voted, in effect, for a considerably greater application of what happened in 1961.

If it is possible to gerrymander in this country—and this is doubtful— obviously the most favourable circumstances for doing it is a position which requires the wholesale taking of parts of one county and adding them to adjoining counties. Here, again, the Opposition obviously do not know what they want. All they know in regard to this matter is the same as with every other matter that comes up in this House: if it is proposed by Fianna Fáil, they, as the Opposition, feel bound in duty to oppose it.

I think it is obvious that too much rigidity in this matter is unwise and is bound to give rise to anomalies and injustices. This proposal gives only a very small amount of scope to avoid doing this, small compared with other countries, and I do not claim it goes far enough to avoid injustices completely. It is obvious that the only way to overcome the constitutional in-firmity—which has been admitted by Deputy J.A. Costello, to the consternation of his colleagues on the Fine Gael Benches—is to allow some slight scope such as this for the exercise of commonsense, for taking into account the natural wishes of the electorate and the problems of their adequate representation. This is what is being proposed here. It is clearly in response to the unanimous opinion of the Dáil in 1961. The amount of scope requested is very small indeed compared to what is allowed in every other known democracy.

The position the Opposition are so desperately trying to maintain does not exist anywhere else in the world. There can be only two reasons for their attitude—apart from their normal attitude of opposing anything proposed by Fianna Fáil. The only other two reasons I can see are that the Opposition know that what must happen, if they are successful, will give rise to frustration and discontent on the part of large numbers of the people—and they thrive on frustration and discontent. The second of the two reasons I can see is that both of the Opposition Parties have made a deliberate decision to abandon rural Ireland and, for this reason. have decided to try to retain a position which down-grades the value of each rural vote by amounts up to 33 per cent of the value of an urban vote.

Deputies of the Fine Gael Party and of the Labour Party have deliberately and cold-bloodedly decided to try to rivet that requirement of the Constitution on this country for all time to ensure, as I have pointed out, for instance, that it would take only 10,200 odd votes to elect a Deputy in Dublin North-West whereas it would take over 13,500 votes to elect a Deputy in Donegal South-West.

(South Tipperary): I have a certain amount of sympathy with the Minister in so far as he is faced with the difficult task of trying to fit a number of seats into different areas, at the same time trying to preserve traditional county boundaries. In my particular constituency, my opposite number in this House—Deputy Fahey—pointed out the other day that South Tipperary had 11,000 people voting from West Waterford. He said he found it difficult in so far as he was a Deputy for South Tipperary-West Waterford but was not a local representative for the major part of his constituency, namely, the South Riding proper. I am in an analogous position —possibly not as bad as he is. I am not a local representative for the West Waterford area. Consequently, I find myself in the same position when I go into West Waterford as Deputy Fahey finds himself in when he goes into South Tipperary. Half the problems he has to deal with are local and he is unable to deal with them except indirectly by writing to the Manager of the county council, and so on. In my case the problem in West Waterford has to be handled similarly by me as I am not a member of Waterford County Council and do not attend county council meetings.

It is stated that these proposals arose from the High Court action. I suppose they did but in South Tipperary it is quite clear that the bringing in of West Waterford was a political manoeuvre. At that time we had in South Tipperary one Fine Gael and three Fianna Fáil Deputies. The third Fianna Fáil Deputy was standing in a very weak position and it seemed as if he might go out. To make the situation safe for him West Waterford, which we know to be predominantly Fianna Fáil and with which the particular person concerned had family associations, was brought in with 11,000 people. In the event the manoeuvre did not come off and a Labour Member got the seat. The position has remained with 11,000 West Waterford people in the South Tipperary constituency.

At one time North and South Tipperary formed one constituency with, I think, seven members for the county. They always had North and South Ridings and I think, with the exception of Yorkshire, it was the only county in these islands which had that arrangement; we had formerly one constituency and two county councils. Then we had the two constituencies of North and South Tipperary. We could still keep within the county boundary using the figures and adapting them as the Minister has done. In order to conform to the 1961 requirements, in addition to the 11,000 people brought in from West Waterford I think 2,901 were transferred from South to North Tipperary. Taking Tipperary County as a whole and taking the figures I have here from the last census for North and South Tipperary we find 53,832 in North Tipperary and 68,946 in South Tipperary. That makes a total population of 122,778. If we take the Minister's maximum and minimum figures and the 5 per cent tolerance which he says is allowable at present——

Would the Deputy repeat the figures please?

(South Tipperary): 53,832.

It is 53,843.

(South Tipperary): 68,946 for South Tipperary.

(South Tipperary): It is as near as does not matter. At all events, if you take Tipperary as a whole and take the two figures the Minister has been looking at, 21,028 and 19,028 and multiply these by six you get, in the first case, 126,168, and in the second, 114,168, and the total population of Tipperary lies between these two. Therefore Tipperary as a whole——

Where will you put Waterford—into the sea?

(South Tipperary): We shall come to that. I am not going to start a bicycle ride like the Minister.

Unfortunately, that is what has to be done.

(South Tipperary): I am explaining to the Minister how Tipperary itself could be accommodated. It would mean that you could have a six-seat constituency for Tipperary as a whole. Alternatively, by moving some more from South Tipperary into North Tipperary you could have two three-seat constituencies which, from the point of view of general workability, might be a better arrangement. That would, of course, cause a certain breach of frontiers. It would mean that an increasing amount of the South Riding would be put into and joined up with the North Riding to form a new constituency, some figure greater than the 2,900 people already gone in. I worked out the figure and may be able to find it in a moment. If we say that in North Tipperary there are roughly 54,000 people and in the South Riding there are 69,000, that gives us something over 120,000 which would give us six seats. If the North Tipperary population was raised to 56.44 and the South to 66.33, an adjustment of possibly 2,000 or 3,000 more would give you two three-seat constituencies.

There is one observation I want to make from the practical point of view. If an area has to be brought into a constituency from outside it, it is far better if you can so arrange it, to bring in a centre of population such as a large town. Take, for example, Ballaghaderreen. Whether that goes into Roscommon or into Mayo does not make much difference; it will not suffer as regards representation. Similarly, the bigger the centre is the less it will suffer if it is taken from its parent local authority and put for Dáil purposes into another constituency because the Deputies will go into the big centre, but if you bring in a whole countryside that is sparsely populated, such as in the case of Waterford which is thinly populated, you will have an area which will simply make the situation worse. If it is necessary to transfer you should take a more concentrated population.

The Minister wanted to know what we could do with Waterford which is at present a three-seat constituency. If you give back the 11,000 people you will have, I suppose, a 3½ seat constituency which creates an awkward position. The Minister also asked what he can do with West Cork, North Kerry and South Kerry. When you come to examine the Cork constituencies you have three, West Cork, Mid-Cork, North Cork, all under one local authority.

None of them is under Kerry County Council.

(South Tipperary): No. They are all under Cork County Council, but the middle one, Mid-Cork, has too many, and West Cork is——

Marginally under.

(South Tipperary): No. South West Cork has 3,755. It seems to me that the solution would be to give some of Mid-Cork to West Cork.

You have to start over from the sea in Kerry.

(South Tipperary): It is easy to fix North and South Kerry. They do not need very much. North Kerry needs little more than 1,000, and South Kerry, 500. Limerick West is a difficult problem; it needs 2,700, and South West Cork 3,700. However considering that all these areas are contiguous and the three centre ones are under one local authority, by adjustment from the Waterford side, we would have 11,000 to play with, and with what has been taken from South Tipperary, you have 11,000 to match up the 8,000 needed for this adjustment.

That is a possibility, one of the innumerable possibilities.

(South Tipperary): Yes, there are innumerable possibilities. The Minister should get a computer in order to work out all the possibilities.

You cannot ignore Kerry.

(South Tipperary): By that adjustment there would not be much infringement of county boundaries and I believe that, if the Minister studies all the figures for the rest of the country, it should be possible to arrive at a similar adjustment. I have just considered the ones in Munster, the most interesting to myself. Having dealt with Tipperary. I had to consider what the Minister would have to do with the 11,000 people of Waterford he took back from South Tipperary and that was the only solution I could come up with offhand. There are probably many others, but I suggest that one to him as a possibility. It is for Deputies from other areas to make suggestions for their own areas, if they so wish, and if they are interested in doing that.

Deputy Norton asked why voters are used instead of population. He has made the point that the under-representation of the eastern part of the country is possibly exaggerated by the figures. I think he is right in that. You have a bigger population in the eastern part of the country, but you have not the same percentage of voters as you have on the western seaboard, largely due to the fact that you have an older population, the younger people, because of the poor administration of Fianna Fáil, having fled the countryside. The position the Minister is crying about is largely due to Government maladministration. He mentioned, for example, that Clare had insufficient population to merit four seats but it had sufficient voters; similarly, Donegal constituency had not sufficient population and had sufficient voters to justify its present number of seats, a clear indication of a fleeing from these two areas and of the Government's failure to keep the population in the West and in rural Ireland.

I cannot say which is the more important, the contention that the eastern part and the Dublin area is under-represented population-wise or the under-representation on the western seaboard voter-wise. It would be a matter for a mathematician to work out. On balance, I think the eastern part of the country would possibly have the stronger claim, but one weighs against the other, and I do not think there is an awful lot in it. However, I have made the suggestions I wanted to make to the Minister and I am sure he has heard hundreds of others which he can also think over for the next few days.

As a result of the last change we had in Limerick, a portion of the East Limerick constituency was brought into the West Limerick constituency. Having actively participated in that campaign, I was quite satisfied that the people who were brought from East Limerick into West Limerick would have preferred, for many reasons, to be left as they were in the East constituency. First, they knew the candidates they voted for, whether they were Fianna Fáil, Fine Gael or Labour. When they were brought into the new constituency, they had to start at the beginning once again and try to get to know all the Party candidates. They felt confused and mixed up. They found it hard to understand why they could not vote for their neighbour who might be standing for East Limerick and who might live near them, five, ten or 15 miles away, and instead had to vote for candidates who lived in Abbey-feale, Newcastle West or Askeaton. This is a very hard thing to explain to people and they felt very annoyed about it.

Unless the proposed change goes through, worse can happen and, indeed, worse probably will happen, because we will have a portion of Limerick going into Kerry. Bad and all as it was having parts of East Limerick going into West Limerick, certainly the people of County Limerick would feel very much annoyed at being taken from their own county and put into Kerry. The Fine Gael Deputies for County Limerick, Deputy Jones and Deputy T. O'Donnell, who are conspiring to bring this about, seem to think that this will weaken Fianna Fáil, but it certainly will not. The people Fine Gael want to put into Kerry will resent the change and will, I am sure, vote in the referendum and show their dissatisfaction.

I personally do not think it matters all that much whether or not it takes 20 or 30 more votes to elect a Deputy in Limerick than in Kerry. Certainly as far as I am concerned, the people of Limerick will be made aware of what the Opposition Deputies want to do with it and, when this is considered in conjunction with the Fine Gael policy to exterminate the family farm, the people will see that their interests lie with Fianna Fáil and with the proposed amendment of the Constitution which is necessary to preserve their rights and their representation.

(Cavan): The case made by the Minister for this Third Amendment is based on the necessity for arranging the constituencies in such a way that county boundaries will not be unduly interfered with, and that natural divisions in the county such as mountains and rivers will be taken into account. That is the case he is making and for the purposes of what I am going to say it does not matter whether there is merit in that case or whether there is not. As I said before, I do not think there is anything sacred about county boundaries. In the Fourth Amendment of the Constitution Bill, the Minister seems to recognise that, because if it goes through and he has his way, then in no instance will the county boundary coincide with the constituencies. Even if the Minister's case is well founded, I say that the law as it stands enables the Oireachtas to have regard to the county boundaries in arranging constituencies where that is necessary and to have regard to natural divisions such as lakes, mountains and rivers and that where it is necessary—does the Minister not agree with that?

It is completely and absolutely false, and the Deputy knows it.

(Cavan): Stay quiet for a moment. The Minister can take those things into account——

He cannot.

(Cavan):——in order to arrange reasonable constituencies and the Minister only wants to pass this Third Amendment in order to give him a one-sixth tolerance either side of the national average for no reason at all other than to arrange constituencies to suit himself and his political Party. I propose to show what the law is. The Article of the Constitution which we are now amending is Article 16, section 2, subsection (3) which says that:

The ratio between the number of members to be elected at any time for each constituency and the population of each constituency, as ascertained at the last preceding census, shall, so far as it is practicable, be the same throughout the country.

That is the Constitution as it stands. The Fianna Fáil Government revised the constituencies in 1959 and their Bill was challenged in the High Court by Senator O'Donovan in his personal capacity.

By Fine Gael.

(Cavan): Again for the purposes of this argument, it does not matter whether it was in his personal capacity or in a political capacity but, in the interests of truth and accuracy, it was in his personal capacity. In the High Court, Mr. Justice Budd heard the case on 13th, 14th, 15th, 20th and 21st December, 1960, and again on 23rd, 24th and 25th of January, 1961, and apparently delivered judgment on 20th February, 1961. This is what Mr. Justice Budd held:

The provisions of the Electoral (Amendment) Act, 1959, s. 3, sub-s. 1 and s. 4 are repugnant to the provisions of Article 16, 2, 3º and 4º, of the Constitution because the form of Electoral (Amendment) Act, 1959 is such as to produce substantial departures from the ratio of members of Dáil Éireann to the population of the Republic prescribed by the Constitution, causing grave inequalities of representation for which no justification or genuine administrative difficulty exists.

So held Mr. Justice Budd. He held further:

that in enacting the Electoral (Amendment) Act, 1959 the Legislature, when revising the constituencies, did not have "due" regard to the changes in the distribution of the population as prescribed by Article 16, 2, 4º, of the Constitution.

I have been quoting from the case of John O'Donovan versus the Attorney General as reported in Irish Reports 1961 at page 114. The operative and the most important words there are “grave inequalities of representation for which no justification or genuine administrative difficulty exists.” The Government of the day created these inequalities without justification and for the purpose of political manoeuvring.

That was so held by the High Court and despite the fact that, during the hearing of that case, the judge was told by both sides that the loser would appeal to the Supreme Court, no appeal was ever brought. The Minister since this debate began has quoted time and again the case of O'Donovan versus the Attorney General as being the law governing electoral revision at the moment, although the Minister knows perfectly well that it is not the law governing it and he must have been so advised. The Minister harped and harped on that as being the law governing the revision——

And it is.

(Cavan): It is not.

(Cavan): And the Minister knows perfectly well it is not. All that case decided was that the one-sixth tolerance——

It decided that these things could not be taken into account.

(Cavan): It decided no such thing. I will deal with that later and put it down the Minister's throat. It decided that the one-sixth tolerance approximately, for which no justification or genuine administrative difficulty existed, was unconstitutional and, with the greatest respect to the High Court, it was perfectly right so to decide. As I say, the Minister knows perfectly well that that is not the law because immediately the Electoral (Amendment) Act, 1959, was held to be repugnant to the Constitution, the Minister's predecessor and his Government introduced another Bill to revise the constituencies and that was referred to the Supreme Court by the President. The report of that case may be found in Irish Reports at page 169 under the title “In the Matter of Article 26 of the Constitution and in the Matter of the Electoral (Amendment) Bill, 1961 (1).” The decision of the Supreme Court, in my respectful opinion, supersedes the decision of Mr. Justice Budd in the High Court and is now the law governing this.

This is what the Chief Justice, Mr. Conor Maguire, had to say when dealing with this very section with which we are dealing now:

The sub-clause recognises that exact parity in the ratio between members and the population of each constituency is unlikely to be obtained and is not required. The decision as to what is practicable is within the jurisdiction of the Oireachtas. It may reasonably take into consideration a variety of factors, such as the desirability so far as possible to adhere to well-known boundaries such as those of counties, townlands and electoral divisions. The existence of divisions created by such physical features as rivers, lakes and mountains may also have to be reckoned with.

Was that decision ever brought to the attention of the Minister?

Of course. Nobody knows what it means, least of all Deputy Ryan and Deputy Fitzpatrick.

(Cavan): Did the Minister ever consider that, because he has told me that lakes, rivers and mountains could not be taken into consideration?

And that is the position.

(Cavan): The judgment goes on:

The problem of what is practicable is primarily one for the Oireachtas, whose members have a knowledge of the problems and difficulties to be solved which this Court cannot have. Its decisions should not be reviewed by this Court unless there is manifest infringement of the Article. This Court cannot, as is suggested, lay down a figure above or below which a variation from what is called the national average is not permitted. This, of course, is not to say that a Court cannot be informed of the difficulties and may not pronounce on whether there has been such a serious divergence from uniformity as to violate the requirements of the Constitution.

(South Tipperary): That takes the Minister out of his straitjacket.

(Cavan): Further, the judgment lays down:

To justify the Court in holding that the sub-section has been infringed it must, however, be shown that the failure to maintain the ratio between the number of members of each constituency and the population of each constituency involves such a divergence as to make it clear that the Oireachtas has not carried out the intention of the sub-clause.

In the opinion of the Court the divergencies shown in the Bill are within reasonable limits.

Accordingly, the Court is of opinion that this ground of objection has not been established.

In the 1961 Bill.

(Cavan): Finally:

For these reasons this Court decides that the Bill is in no respect repugnant to the Constitution and will advise the President accordingly.

That is the law of the moment.

That is the 1961 Bill.

(Cavan): This House is entitled to have regard to townland divisions, to electoral divisions and to county boundaries. This House is entitled to have regard to the difficulties created or presented by such physical features as rivers, lakes and mountains. That is the law. But this House is not entitled, as the law stands, to take into consideration political considerations, or the likelihood of the Government of the day getting more seats if it divides a constituency this way rather than the other way. If the Minister gets his way and puts the Third Amendment through this House, he will be completely unfettered and he will then be able—he says he does not appreciate this, but I want to contradict him—to say, without giving any reason whatsoever, that it will take 23,333 votes to elect a TD in one constituency whereas in another it will take only 16,667.

That is nonsense.

(Cavan): That is correct.

That will not happen. Neither of these figures will apply in any constituency, as Deputy Fitzpatrick well knows.

(South Tipperary): He might go near them.

(Cavan): That is one-sixth each way on the national average.

That is the national average of population and not of voters. Deputy Fitzpatrick says it would take that many votes. That is not true and he knows it is not true. He is equating population with votes.

(Cavan): If I said “votes”, I stand corrected.

It is votes that elect Deputies. New-born babies have not got votes.

(Cavan): In one rural constituency, 23,333 people may be entitled to a TD, whereas in another as few as 16,667 may be entitled to a TD, and that without regard to county boundaries, or electoral divisions, or townland divisions, or lakes, or mountains, or rivers or, for all we know, without regard to any other consideration other than the welfare of the Fianna Fáil Party. That is why I am opposing this Bill and why I intend to go on opposing it. I want the Minister to deny that the law is not as set out in the Supreme Court judgment of 1961——

Not as interpreted by Deputy Fitzpatrick.

(Cavan):——rather than in the O'Donovan case and I want to go on record as saying that, as the law stands, rivers, lakes, mountains, county boundaries can and should, in fact, be taken into consideration. But political considerations, no.

The Minister has also advanced the argument in favour of this amendment that people in rural Ireland have difficulty in making contact with their TDs. Are we moving backwards or forwards? Are our communications improving or getting worse? Thirty and 40 years ago, when means of transport from one part of the country to another were not nearly as good as they are now, when roads were not as good and when we had practically no rural telephones, the people could contact their TDs and surely if they could contact their TDs then, surely the position has improved and this is not a valid argument in 1968 for seeking this extraordinary power to juggle around with the constituencies and constituency boundaries.

That is assuming, of course, that 30 years ago there was proper communication, which, I think, is most unlikely.

(Cavan): I am sure Deputy Booth is very well up in the highways and byways of rural Ireland and every constituency in it and, if he wants to tell us about it, he is quite welcome to do so when I have finished. When the Minister tried to deal with the point raised by Deputy Norton, I thought he did not sound convincing. He was asked why he could not amend the constituencies by having regard to electors rather than to population.

I have no objection to doing that.

(Cavan): I can only say that, when the Minister made his case against that, he sounded anything but convincing. He seemed to suggest that the electoral list was in some way or other less accurate than the census. I wonder is that so. A great many more people take an interest in compiling the electors' list than in the census. The census form is thrown into a house, filled up and taken away and is usually accepted whereas the electors' list is checked and rechecked and there are claims, objections and counter objections. The electors' list is likely to be more accurate than the census.

The Minister also made the argument in dealing with Deputy Norton's point that the electors' list had to be compiled each year. That is something to recommend it because the Minister will remember that when we were dealing with an earlier part of the Schedule dealing with the 12-yearly revision of the constituencies——

Five-yearly.

(Cavan): Twelve-yearly.

It is now required after every census.

(Cavan): At least every 12 years. One of the difficulties that the Minister pointed out there was that the census came out only every five years and that it might be stale. Here we have the electors' list which he admits comes out every year and which would get him over that difficulty.

Would the Deputy recommend revising constituencies annually on foot of the electors' list?

(Cavan): No, I do not think that would be necessary. But, at least, when you would be revising them you would be revising them on up-to-date figures rather than on figures that are five years old.

Would Deputy Fitzpatrick care to give us his opinion as to what should be done? Is he in favour of having it based on population or on voters?

(Cavan): I am saying that in so far as dealing with population may create a difficulty in that more babies would be born in Dublin city than in West Cork, it would probably be a good thing to deal with voters rather than with population. If that is one of the difficulties the Minister has, he is thinking of these extraordinary powers to get over it.

No. I said you would still need scope to avoid breaching county boundaries but that to deal with voters would be more democratic.

(Cavan): I find it very difficult to believe that people have all that dislike to moving from one county to another. Really, the arguments that the Fianna Fáil Party in this House are prepared to adduce to justify these measures are amazing. Deputy Collins, the last speaker on behalf of the Government, seems to think that there is some terrible objection on the part of the people of East Limerick to going into West Limerick, and vice-versa. He made that argument before he sat down. I think it shows the weakness of the Government case especially when one takes into account that in the Fourth Amendment, if the Government get their way, in any of the Twenty-Six Counties we will never have a county and a constituency synchronising or corresponding because every county will be cut up into a number of constituencies.

I rose principally at this stage to put on record, once and for all, as far as I am concerned, the law relating to electoral revision as it really is and to assert that, for the proper motives, the Minister can do all the things that he says he wants to do, that the law as it stands allows him to have regard to county boundaries, to lakes, rivers and mountains, in arranging the constituencies, and that the Supreme Court is on record as saying that if he revises the constituencies on those considerations his Bill will not be held to be repugnant to the Constitution but, if the Minister gets his way, he will be able to create this huge tolerance or divergence, for no higher motive than political racketeering, gerrymandering and the rigging of constituencies.

I find I have to deal with some of the statements made by Deputy Fitzpatrick yet again. First of all, I should like to say with regard to Deputy Dr. Hogan that there are, of course, innumerable different possible solutions to the problem with which we are presented in trying to revise constituencies in accordance with the present requirements. It all depends from where you start and I suppose it is only natural that Deputies should be inclined to start from their own constituencies rather than from others. It may very well happen that if you start from your own constituency you may wind up with an insoluble problem in some other constituency to which there is no adjoining constituency available to solve the residual problem. For instance, by starting in Tipperary you might wind up with an insoluble problem either in Kerry or Wexford and, as Deputy Dr. Hogan admitted, a solution of the Tipperary problem within the boundaries of the county leaves a residual problem in Waterford which he suggested would best be dealt with by adjustment with County Cork, particularly in view of the fact that County Cork would already be interfered with by an attempt to solve the problem in Kerry. However, I agree that there is the possibility of dealing with the Tipperary situation in the manner in which Deputy Hogan suggested but not without effects outside the county, but it is quite possible that that might work out as the best solution in those circumstances.

Deputy Fitzpatrick, after all his arguing against what is proposed here, both by himself and his colleagues, on the grounds of principle, now maintains that the law enables us to do exactly what we are asking should be made clear.

(Cavan): For the right motives.

The motives are clearly set down, for the first time, in this proposed amendment of the Constitution. They are not set down in the present Constitution. We are proposing to indicate quite clearly in the Constitution that this is permissible and that it is permissible in the circumstances which are mentioned in the Bill, that is, to avoid the breaching of county boundaries and to take cognisance of the existence of physical features and the extent and accessibility of constituencies.

Now, having argued against the principle of doing that, Deputy Fitzpatrick tries to do a complete somersault and says it is not necessary, that you have unlimited scope to do this and that, in fact, the only difference is that we are imposing this limit of one-sixth whereas there is not any limit imposed by the present Constitution, and he tries to maintain that it has been established by law that the Oireachtas is the authority to decide this when it is quite clear that that is not the position, that the 1959 revision of constituencies, in connection with which there was no suggestion of gerrymandering here, a revision of constituencies that was accepted unanimously by this House, was declared to be unconstitutional by the competent authority, the High Court, as the result of action taken by the Fine Gael Party.

(Cavan): If it was a Fine Gael action, why did they not object to it in the House?

Maybe some members of the Fine Gael Party saw the opportunity of getting some legal business out of it?

(Cavan): How low can the Minister really get? There must be nothing as low as that which crawls under stones.

The case was taken by a Fine Gael Senator. His solicitor was a Fine Gael Deputy. His senior counsel was a Fine Gael Deputy and his junior counsel a Fine Gael Senator. If Deputy Fitzpatrick thinks it is possible to get anybody to believe that this was not a Fine Gael action, that is his business. The judge indicated clearly that the phrase "as far as it is practicable" meant only so far as the census figures were available in sufficient detail to arrive at this mathematical accuracy of population per Deputy. He stated:

... there is no indication to be found in the Constitution that it was intended that any of the difficulties as to the working of the parliamentary system should be taken into consideration on the question of practicability.

He went on to say:

is about the only limiting factor.

No doubt the Oireachtas would have to proceed on the basis of having regard to the areas for which census figures are available, but that

Now Deputy Fitzpatrick tries to maintain that it is permissible to take these things into account. All the Supreme Court decided on was that the revision of constituencies made in 1961 based on this definition of the law by Justice Budd was within the terms of the Constitution.

(Cavan): I defy the Minister to read the concluding page of the Chief Justice's judgment and say it does not bear out what I say.

The Supreme Court says the revision was constitutional. Its judgment says that the Court may be informed of the difficulties involved— Deputy Fitzpatrick quoted part of this —and while it points out that the problem of what is practicable is primarily one for the Oirechtas, it states that the Court may be informed of the difficulties involved and may pronounce on whether or not there has been such a serious divergence from uniformity as to violate the requirements of the Constitution. This really means that the Oireachtas have not got the authority to decide and that the courts have the authority to decide.

(Cavan): The Minister deliberately left out the first portion of that paragraph. The Minister is dishonest.

I did not. I quoted it. I repeated what Deputy Fitzpatrick said. Deputy Fitzpatrick wants the Government to revise the constituencies on the basis of taking account of these things. He maintains that this is possible but he knows that an action could again be taken in the High Court. What he wants after each revision of constituencies is an action in the High Court and a further action in the Supreme Court, very likely discovering after that that a new revision has to be made and that it also has to be referred to the Supreme Court.

If what Deputy Fitzpatrick says is true, why does he object to its being made clear to the people? Why does he want the situation to be that each revision of constituencies must be decided in the High Court and the Supreme Court rather than that there should be definite guidelines laid down, as we are proposing in the Bill, to make it clear exactly what can be taken into account and exactly what divergence from the overall national average can be permitted. All we know from the Supreme Court judgment is that the five per cent divergence from the national average which was indicated by Mr. Justice Budd as being acceptable, was also acceptable to the Supreme Court and within that divergence the Supreme Court agreed that these practical things could be taken into consideration. That is all that is known. It must be assumed that it is only when there is that maximum divergence from the national average that is allowed that constituency revisions would be held to be constitutional. On that basis the injustices I have described would take place all over the country and we would have the position of 10,000 odd voters electing a Deputy in Dublin city and up to 13,500 in rural Ireland. That is the position that Deputy Fitzpatrick and his colleagues are so desperately trying to defend.

There is no way of knowing what the Supreme Court would regard as a serious divergence from the national average, although by implication at least it accepted the general approach of Mr. Justice Budd. There is no way of knowing what is permissible at present except what Mr. Justice Budd has said—that is the only thing we can take as being permissible at present—and there is an obvious need to write a definite provision into the Constitution so as to make it clear to the Oireachtas exactly what they are entitled to do and exactly what they are not entitled to do.

(Cavan): I do not wish to detain the House much longer. It is clear Mr. Justice Budd held what the Government then proposed—the tolerance or divergence of 17 per cent “for which no justification or genuine administrative difficulty exists”—could not be tolerated and would not be tolerated and that the Chief Justice in re Article 26 of the Constitution and Electoral (Amendment) Bill, 1961, made it quite clear that within reasonable limitation the Oireachtas was the deciding tribunal in revising the constituencies and in deciding upon a tolerance one side or the other of the national average, and decided that in doing that the Oireachtas could have regard to county boundaries, electoral areas, townland divisions, mountains, lakes and rivers. When the Minister quoted from the judgment of Mr. Justice Budd a few moments ago, he deliberately read portion of it and left out portion of it.

So did the Deputy. I could not read all that.

(Cavan): I read out the last page. The Minister commenced in the middle of a paragraph. What the courts will not tolerate and what they are determined not to tolerate, unless the Minister compels them to do it, is to allow a tolerance of one-sixth one side or the other of the national average for political advancement and political benefit. I leave the judgment of Mr. Justice Budd in the case of O'Donovan v. the Attorney General and in the case of in re Article 26 of the Constitution and the Electoral (Amendment) Bill, 1961 to be read by anybody who is interested in them in Irish Law Reports of 1961. I will go on record as saying that they substantiate my view of the law and do not substantiate the Minister's.

The judgment clearly says:

This, of course, is not to say that a Court cannot be informed of the difficulties and may not pronounce on whether there has been such a serious divergence from uniformity as to violate the requirements of the Constitution.

It finishes up by saying:

In the opinion of the Court the divergencies shown in the Bill are within reasonable limits.

That was merely no more than an endorsement of the decision of Mr. Justice Budd because the divergencies there were the divergencies he indicated as being acceptable. All the Supreme Court did was to accept the divergencies regarded by Mr. Justice Budd as acceptable, as applying in the 1961 revision of the constituencies. The present legal position is that the only practical thing to be taken into consideration in revising the constituencies is the detail in which the population is available in the census report and such things as administrative boundaries or facility of representation are irrelevant. The judge made it quite clear that they were irrelevant and could not be taken into consideration.

(Cavan): I do not propose to make another speech. I merely propose to read the paragraph of the judgment of the Chief Justice in re Article 26 of the Constitution and the Electoral (Amendment) Bill, 1961, which commences on page 183 of the Irish Law Reports, 1961, and leave the House to make up its own mind. It reads:

The sub-clause recognises that exact parity in the ratio between members and the population of each constituency is unlikely to be obtained and is not required. The decision as to what is practicable is within the jurisdiction of the Oireachtas. It may reasonably take into consideration a variety of factors, such as the desirability, so far as possible, to adhere to well-known boundaries such as those of counties, townlands and electoral divisions. The existence of divisions created by such physical features as rivers, lakes and mountains may also have to be reckoned with. The problem of what is practicable is primarily one for the Oireachtas, whose members have a knowledge of the problems and difficulties to be solved which this Court cannot have. Its decision should not be reviewed by this Court unless there is a manifest infringement of the Article. This Court cannot, as is suggested, lay down a figure above or below which a variation from what is called the national average is not permitted. This, of course, is not to say that a Court cannot be informed of the difficulties and may not pronounce on whether there has been such a serious divergence from uniformity as to violate the requirements of the Constitution.

To justify the Court in holding that the sub-section has been infringed it must, however, be shown that the failure to maintain the ratio between the number of members for each constituency and the population of each constituency involves such a divergence as to make it clear that the Oireachtas has not carried out the intention of the sub-clause.

In the opinion of the Court the divergencies shown in the Bill are within reasonable limits.

Accordingly, the Court is of opinion that this ground of objection has not been established.

For these reasons this Court decides that the Bill is in no respect repugnant to the Constitution and will advise the President accordingly.

I do not wish to make any comment on that.

It is quite clear from what Deputy Fitzpatrick has read that the position is not as he says. I have legal advice to that effect. Deputy Fitzpatrick has quoted the sentence: "The problem of what is practicable is primarily one for the Oireachtas...", and the concluding sentence of that paragraph: "This, of course, is not to say that a Court cannot be informed of the difficulties and may not pronounce on whether there has been such a serious divergence from uniformity as to violate the requirements of the Constitution." This clearly upholds what happened in the High Court and makes it clear that the authority is not, in fact, the authority of the Oireachtas but that the Court may pronounce on the decision made by the Oireachtas.

Obviously there is no way of knowing what divergence may be allowed except what has been laid down by Mr. Justice Budd, a ruling which was not contradicted by the Supreme Court. That indicates a maximum divergence of approximately five per cent above or below, and that was not sufficient to avoid the anomalies and injustices that were created in 1961 and will not be sufficient to avoid the much more extensive anomalies and injustices that are required at present and demanded by——

(Cavan): The Fianna Fáil Party.

——members of the Opposition. I think it is necessary for me to quote further from the High Court decision, the only decision available to us. At page 146 we read:

Here let me observe straight away that although a system in the main based on counties has in fact been adopted, there is nothing in the Constitution about constituencies being based on counties. The Constitution does not say that in forming the constituencies according to the required ratio, that shall be done so far as is practicable having regard to county boundaries. Even if it did, the Oireachtas or the appropriate Minister could alter county boundaries. No doubt it is convenient in many ways to use the existing administrative machinery; and there is nothing objectionable in a certain degree of adherence to the county basis of division provided that the dictates of the Constitution are observed. But it should be understood that it is quite open to the legislature to disregard county boundaries altogether and to formulate a scheme of constituencies on an entirely different basis if that be necessary to achieve the required ratio. No doubt the Oireachtas would have to proceed on the basis of having regard to the areas for which census figures are available, but that is about the only limiting factor.

That is the law as it stands at present. It is a matter for the courts to decide, not the Oireachtas.

(Cavan): The Minister started in the middle of a paragraph and did not even finish the paragraph.

We can finish the paragraph. It goes on:

The census of population compiled by the Central Statistics Office goes into considerable detail and supplies of itself all the necessary information in admirably produced publications.

That is the only limiting factor, the detailed information that is supplied in the report of the census on population. We are not entitled to take anything else into consideration.

The position so far as this proposed referendum is concerned requires very careful examination and attention. Last week listening to the Minister going through the individual constituencies one by one caused me to have a good hard look at what the position would be in Sligo-Leitrim. Frankly, the position would be somewhat appalling. Sligo-Leitrim has a long history of being associated and separated and chopped up and divided. If this proposal which will be put to the people later in the year should not succeed, I shudder to think whom we will represent, or otherwise. Certainly if we look at the neighbouring county of Donegal and take the population at the 1966 census, we find that after we accommodate five Deputies in that county, they end up with a surplus of 8,500 votes. Where will they go? How will they be dealt with? It is only too obvious to me. This means that part of Sligo or Leitrim will have to be added to Donegal or the other way round.

If we examine the population of Sligo and Leitrim, and Roscommon and Leitrim, we find that these units, which were put together only a few years ago, will have to be torn apart and the whole thing looked at again. I do not know what the electorate in that area can expect from their representatives, or how the representatives can hope to serve them well, knowing as the Deputy will know that at the next general election he may not be representing them, should he win or lose. He may be in a totally different area altogether. I do not know how my Opposition colleagues view this matter but I should think that they, too, view it with concern. I certainly am concerned about the loss of representation in the whole of the west of Ireland. There is need for a sound representation of our rural areas. Anybody looking at the percentage of the electorate in relation to the total population can easily see that one man one vote cannot, of itself, ensure equality of value in votes.

The constituency which I represent with my three colleagues stretches from Charlestown to Bundoran, something quite close to 70 miles, and from Enniscrone across to Ballinamore, something about the same distance— roughly 4,000 square miles, with intervening lakes and mountain ranges. This will be extended further or possibly re-arranged.

We now find ourselves looking as far north as Ballyshannon, or even beyond it. Will Donegal get a slice of Sligo-Leitrim and will a new constituency be carved out there? A Deputy in that area would now find himself having to interpret the wishes of a Leitrimman, a Sligoman and a Donegalman—and, believe me, all three are as different as chalk is from cheese. They all want to preserve and to stay within their own administrative boundaries. This is the way they think and that is the way they want to be treated. We know the present strictly legal interpretation of the Constitution does not permit that 1,500 people in Donegal be without some representation but there is not anything that can be done. They must be added to some other area to make up a constituency.

According to the 1966 census, the population of the Sligo-Leitrim constituency is 68,000 approximately. Taking a population of 20,000 for a public representative, that leaves us with 60,000 and so we are 12,000 short of a fourth Deputy in Sligo, according to the 20,000 level. In Roscommon-Leitrim we find we are in an exactly similar position—12,000 short. So, here we have a surplus of 8,500 in Donegal, a shortage of four Deputies by 8,000 in Roscommon-Leitrim and a shortage by 8,000 in Sligo-Leitrim. How can anybody deal with that area and that problem? What will happen to Leitrim when these new boundaries are reconstructed and shaped out as to three, four or five seats? What about the cause and effect? Will a Deputy today, even in Donegal, seeing the present position, have much interest in South Donegal?

Again take East Sligo, South Sligo or parts of West Sligo. Is it not a fact that probably some sections of those will find themselves in adjoining constituencies? What will happen with Leitrim? Are those areas of Leitrim, now placed with Sligo and Roscommon, to be brought back and added to Donegal to create a constituency out of that re-arrangement or will they go across to Sliabh an Iarainn in Cavan to bring up the number? What precisely will happen?

What Deputy can be absolutely sure, from one election to another, that at each election, he is not representing possibly a new section and losing an older section? I think that any opposition to this sensible measure of single-seat constituencies is blind. If the Opposition are sincere in their love of their country, in their desire to do their best for their country, they will want to ensure that we shall have (1) some kind of reasonable years of representation of a group of people and (2) a reasonable assurance that Governments here in the future will be Party Governments rather than possibilities that one is even too frightened to mention.

We see the cause and effect in other nations. Even at this moment, we see the position that is developing in Italy. There are something like 72 Parties there. It may be the view of some that it does not realy matter; let us have all types and classes of opinion, let us have all these little views expressed here in the House, let us form it into one grand, happy little club. No one can blame the other. The people end up frustrated, disappointed and without hope or, indeed, with nobody to blame but these disinterested groups who have an opinion but, frankly, very little interest in the nation as a whole.

An examination makes the position very clear. If these measures are not accepted by the people, it means that, here in Dublin, we shall have three or four extra seats. It means that, in the not too distant future, the Province of Leinster will have more than half the Members of this House. Now, if there are those who think that is a good thing, then all I can say is that I beg to disagree with them. I do not think it a good thing that this type of representation should take place, that the Province of Leinster should have in the not too distant future—if not, after the next general election, then possibly after the general election after that—73 or 74 of the 144 seats in this House. Yes, I look across at my colleagues and I ask: "What hope for the West, then? Indeed, what hope for the rest of Ireland, barring Leinster?" This is the problem my colleagues and I west of the Shannon have to consider.

I would ask my Opposition colleagues to look carefully at this matter. It may be that they are sincere. I believe them to be sincere men who have an interest and a stake in their country and who want to see that our rural inhabitants, those who get a living from the land, will continue in future years to obtain a fair measure of Exchequer expenditure.

If the balance of representation passes to Leinster, I do not believe the people of Leinster will have a terrible lot of interest in Munster, Connaught or Ulster. I do not believe they would levy taxation with the interest of those areas particularly in mind. I have been a Member of this House for the past seven years. I know how they think. I know what they think about us. Believe me, it is not very complimentary to us. For this reason I would issue a warning that if we wish to continue to make progress, if we want to come to this House with a genuine desire to further the aims of the country rather than our own personal aims, I see no reason, especially for the main Opposition Party, to oppose these proposals. Indeed, watching the political scene as it develops, it will be a major step towards their own salvation in the future if they accept these proposals of the Government and give them their full support.

Last week the Minister pointed out the different value of a vote as between city and country and, on a general average, I think it is something like 3.5 per cent greater in value in one case than in the other. This alone clearly indicates that there is a sound case for tolerance in this matter of representation in rural areas as against urban areas. Taking Donegal, the electorate as a percentage of the population in North-East Donegal is 62.5. In South-West Donegal, it is 67.4; in Roscommon-Leitrim, it is 64.36; and in Sligo-Leitrim, it is 63.3. Comparing that with Dublin figures, we see that the number of electors per 100 of the population in Dublin county is 51.13. Apart from this divergence, there is the national average of about 3.5 per cent. This alone, I think, indicates that there are more people under 21, that there are patients in hospital, children at school and so on, who add to the population and tend to inflate it, not in a truly permanent way, but because they are passing through. This tends to build up the city population. I think this gives a general mandate for tolerance between city and country.

Personally, I do not mind traversing my own constituency. I can do it quite well and I am not complaining about it, but, quite frankly, I cannot give the service I would like to give as a public representative. I cannot easily traverse 4,000 square miles frequently, nor do I like sitting down in Tubbercurry and letting constituents come to me, as Deputy Ryan suggested last week. He said that Fianna Fáil have spoiled the electorate, that they went to the electorate rather than let the electorate go to them. I do not take that view at all. Deputy Ryan knows little about country constituencies, if he thinks that somebody, perhaps living close to Bundoran, can travel easily to Tubbercurry. Knowing country people as I do, they do not always ring up and make an appointment; they just hire a car and come and, if you are there, well and good. One must arrange one's business in a different way to accommodate their lack of understanding of what a Deputy has to do. These are the electors and I hope it will ever be the case that the Deputy will accommodate his people rather than have them wait for him and come and see him.

It is good for a Deputy to go out among his people and see exactly how they live and what their problems are. He cannot see this sitting in his office waiting for them to come in. Whether the voter is a farmer or a person looking for social welfare benefit, a Deputy does not know his background and does not know the heart of his case, if he does not go to see him, and consequently cannot very often reflect the circumstances truly as he should be able to do, when he makes representations on his behalf.

The single-seat constituency proposal would improve this position considerably. Even then constituencies in rural areas would not be so small; they would be still large enough for a Deputy to attend to them and look after them. We must consider the purposes for which a Deputy is elected and see whether they can examine the people's problems in the area and ensure that the area is adequately represented. This cannot readily be done in large areas at present. Smaller constituencies would give Deputies an opportunity to set up their organisations, collect information, meet constituents and really get down to work. The present position is farcical. I know that if I get a letter about anything every other Deputy gets one also. This means that not only will there be four letters from the Department but there are often as many as eight. As ex-Deputy Sherwin would say, this is only codding the public, a lack of sincerity, an exchange of letters.

(Cavan): On a point of order, I think that for some time Deputy Gallagher has been dealing with the Fourth Amendment of the Constitution Bill which deals with single-member constituencies. I did not want to interrupt him.

Both are closely inter-related. To come back to the question of tolerance, there is a substantial case for it and I think this measure should go through. The rigid figure of 20,000 of population is not truly representative. In any urban area where the census is taken on a particular day, everybody in residence on that day is included. That tends to inflate the population in certain cases. Another important point is that in rural areas marriages do not take place as early or as frequently as in urban areas and consequently there are not the same families. There is consequently substantial argument in favour of this measure. I hope it will go through, because I certainly do not know at this moment, if I am selected, what constituency I will represent the next time out.

Surely County Wicklow.

What about County Wicklow?

That is where he lives.

Tugadh tuairisc ar a ndearnadh; an Coiste do shuí arís.

Progress reported; Committee to sit again.
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