(Cavan-Monaghan): I move amendment No. 1:
In page 8, between lines 10 and 11, to insert the following subsection:—
(3) The Oireachtas shall revise the constituencies at least once in every twelve years with due regard to changes in the distribution of the population, but any alteration in the constituencies shall not take effect during the life of the Assembly sitting when such revision is made.
In relation to Dáil elections the Constitution provides that the constituencies shall be revised by the Oireachtas at least once in every 12 years and that due regard shall be had to the changes in the distribution of population. It also provides that any alterations in the constituencies shall not take effect during the life of the then current Dáil. As has already been said, this Bill is non-contentious. It has been described as unique and unusual for one reason or another. It is unique and unusual in that it is the first Bill to arrange constituencies which was introduced in this House that was not very contentious and that did not lead to a long controversial and angry debate ending in the application of a guillotine motion. It is unusual and unique because the Second Schedule which arranges the constituencies is the result of the work of an independent commission set up to arrange the constituencies.
Compliments were paid to Mr. Justice Walshe and the other two members of the commission for the work they did and for the prompt and expeditious way in which they carried out that work. I want again to compliment Mr. Justice Walshe of the Supreme Court, the Clerk of the Seanad and the Secretary of the Department of the Environment for the way they tackled the job and for the expeditious manner in which they completed it. They gave us one set of alternatives that was available. I think there were at least five or six sets of alternatives that could have been used but the alternative put to the Government by the commission was accepted by the Government and unanimously by this House. That is the greatest tribute that could have been paid to Mr. Justice Walshe and his two assistants.
The Constitution provides that Dáil constituencies shall be revised every 12 years. I assume that the procedure followed for this Bill, that is the handing over of the task to an independent commission, will be followed by all future Governments in regard to revising constituencies, that the days of the long, controversial, angry debate, with allegations and counter-allegations, are over and finished with. I cannot help repeating that the Fianna Fáil Party were the proper party to set up the commission because they made better use, for their own purposes, of the old fashioned system obtaining over the last 50 years.
Having said that, I did note—on reading the Bill we are now discussing in Committee—that no provision was made for the revision of these constituencies. Amendment No. 1 in my name reads:
In page 8, between lines 10 and 11, to insert the following subsection:—
"(3) The Oireachtas shall revise the constituencies at least once in every twelve years with due regard to changes in the distribution of the population, but any alterations in the constituencies shall not take effect during the life of the Assembly sitting when such revision is made".
It is reasonable to write that provision into this Bill. The provision in the Constitution for the revision of Dáil constituencies does not apply to these constituencies. The Constitution is silent on this type of election, just as it is silent on local Government elections. Of course, Europe was far from our thoughts in 1937 and preceding years when the Constitution was being written. I concede, and the Minister will probably tell me, that the Dáil can revise these constituencies any time it sees fit to do so, or any time the Government see fit to initiate a Bill to amend them. I appreciate that. Nevertheless the normal procedure should be that these constituencies be revised every 12 years. The abnormal thing would be to amend the law to avoid such revision. Therefore, it is logical and affords protection to accept this amendment and write it into the Bill.
My amendment also follows precedent—I know I was critical of precedent in relation to another section—but, when a precedent is good, I suggest it should be followed and, when it has been proved not to be good, it should be dropped. We have the precedent of the compulsory revision of Dáil constituencies laid down in the Constitution. Therefore, the omission of this provision for revision in the Bill is an oversight, or perhaps it was omitted because the draftsman thought that it could be that the constituencies could be revised at any time. If that is the explanation I do not consider it a good one. The proper thing to do is to write into the Bill that the constituencies shall be revised.