The only comment which this side of the House wish to make at this stage is that we have expressed on Second Stage our reservations concerning the constitutionality of this Bill. It is appropriate that the House should pass the Bill and we would ask that the Minister, in bringing it through the other House and sending it to the President, to have it referred to the courts for judgment on its constitutionality.
Electoral (Amendment) Bill, 1983: Committee and Final Stages.
Question proposed: "That section 1 stand part of the Bill".
Deputy Molloy expressed his view on Second Stage. It is a view which is shared by a number of people. Since Second Stage was passed in this House there has been some comment in the newspapers to that effect. Deputy Molloy should be aware that the Government cannot ask the President to undertake what he has suggested. The President has absolute discretion in this regard. I believe that the President will note carefully all the comments made in this House in relation to the passage of this legislation.
I wish to make it quite clear that this side of the House are expressing the view that it would be appropriate that the Bill be referred to the courts. We take it that the President would take into account the views of all sides of this House when he comes to consider it.
I agree with Deputy Molloy in this respect, that the outcome of any subsequent general election would potentially be open to challenge if this matter were not clearly resolved one way or the other. Any action that would result in the outcome of a democratic ballot being challenged is not in the interests of democracy, irrespective of who has the good fortune, or misfortune in these present times, to win that election. This would need to be clarified beyond all doubt and I support the view expressed by the Deputy.
The Minister has reiterated the points I made on Second Stage. It is for that very reason that it is imperative that the Bill be referred to the courts. It would be a very invidious position for the country to be left in after a general election if somebody were to contest all or several of the results in different constituencies. The whole democratic process would be brought to a halt and we cannot allow that situation to develop. We cannot allow doubts to remain. It is essential that the courts decide on the constitutionality of this Bill before it is put on the Statute Book.
The Government are quite confident, on the best advice available to them, that what they are proposing is decidedly constitutional. However, it is recognised that a respectable body of legal opinion has expressed doubts in relation to its constitutionality, and because of the nature of the legislation involved and the potential implication of a challenge which could arise following a general election it is desirable from everybodys' point of view that any remaining doubt in relation to this matter be resolved in the only manner in which it can be resolved, which is by reference to the Supreme Court.
Section 1 and 2 agreed to.
Title agreed to.
Bill reported without amendment, and passed.