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Seanad Éireann díospóireacht -
Wednesday, 8 Aug 1923

Vol. 1 No. 40

LAND BILL—SPECIAL RESOLUTION.

AN CATHAOIRLEACH

I understand that the President, who is in attendance, is anxious to make a statement to the Seanad on a matter of public urgency and perhaps as he is here, now would be the most convenient time.

The Executive Council has had under consideration, for a very long period, the conditions that prevail in the country with regard to the settlement of land disputes. The Land Bill, which received very careful consideration in the Dáil, and which received very careful consideration in the Seanad, was put forward with a view to bringing about more stable and orderly conditions throughout the entire country. During the past two or three years a great many abuses have crept in with regard to the Land question. I think it is scarcely necessary or desirable that I should go into any detailed account of the various steps that have been taken in various parts of the country to settle disputes according to the views of the people concerned in these local areas. I would like to say this, that it was the considered view of nearly every one of us who has been faced with the responsibility of Government during the past 12 or 18 months, that the difficulties we had to meet were very much intensified by reason of those disputes and differences which existed with regard to land matters, and which in some cases were responsible for the witholding of rent and in other cases for the seizure of land and so on. We have been impressed with the reception that the Land Bill has had in both the Dáil and Seanad, and we are of opinion that it will solve the land question. But it is of the utmost importance that it should have at least a fair opportunity of doing that, and that some effort should be made to secure that it will get that opportunity.

Some question has arisen lately regarding the interpretation of Article 47 of the Constitution. Without going into the merits or demerits which are more matters for the consideration of lawyers and constitutional experts, I would like to say that it is open to doubt that an Act which passes both Houses is to some extent, in suspension for seven days and that that suspension may affect this particular measure. Now, faced with the possibility of anything preventing the coming into operation of this Act, we have come to the conclusion that a resolution ought be adopted which would declare that for the immediate preservation of the peace this Act should become immediately operative. It is not, I am sure necessary to enter into any analysis or explanation of the Act. It has been under consideration here for a long time, and I have no hesitation in saying that I am sure its provisions are very much better known to many members of the Seanad than they are to me. But I do say that we are impressed with the vital necessity of having this Bill, which has now been before both Houses, and which we believe has been come to as a sort of agreed measure put into operation. In an agreement of that sort, I do not mean to say that everybody is satisfied with it, or that everybody on one side or the other is satisfied with it, but I do say that more could not be got for one side or the other than has been secured.

We are impressed with the vital necessity of having that Act come into operation without delay. So much so that we are not at all satisfied that the peace of the country would be safe if the Bill did not receive the assent of the Governor-General and become an Act. I venture to ask the Seanad to subscribe the necessary resolution in order that there should be no danger whatever to the Bill becoming law. It is my intention also to ask the Dáil to pass the necessary resolution. I have only to say that it is not with a view to defeating or interfering with any provisions of the Constitution. It is carrying out the intention of the framers of the Constitution, and carrying out the intention of the Constitution itself. Bearing in mind the fact that having the responsibility that we have got for the preservation of public peace, we put forward that plea, that it is our opinion that it is a vital matter and knowing this we put it to the Seanad that the necessary resolution should be passed in order that the Bill should become law.

AN CATHAOIRLEACH

Has this resolution been drafted?

AN CATHAOIRLEACH

Will some member of the Seanad formally move this resolution.

I beg to move the resolution. It is:—

Resolved that this House hereby declares that the Bill passed by this House on the Third day of August, 1923, and entitled an Act to amend the law relating to the occupation of land and ownership of land, and for other purposes relating thereto, and whereof the short title is The Land Bill, 1923, is necessary for the immediate preservation of the Public peace.

It would be a disastrous thing I think, if that did occur, after the trouble that this House, at all events, has taken with reference to the Land Bill, that our efforts should go for nothing. I think if this resolution is going to have the desired effect it ought be passed at once. Nobody would like to contemplate the situation which might arise if the hopes that have been aroused by this suggested settlement of the Irish Land question were disappointed. I hope the Seanad will agree to this proposal unanimously. I would like to ask this of the President. Are we quite sure that this resolution that we are passing will have the effect he desires?

We are working under a written Constitution which has a great many provisos and provisions and safeguards, and so forth. I hope the President and his Ministry are perfectly satisfied that the resolution which we are now passing will have the desired effect. I do not know whether it would be possible for the President to submit the case to the Courts in this country, and whether that could be done to-morrow or before the Prorogation takes place. On a matter of this kind, so very vitally affecting the peace of Ireland, every precaution possible ought to be taken. We do not want our labours to go for nothing. We quite sympathise with the Government, and particularly with the Minister for Agriculture in their endeavours to see the Act put into operation. I hope the Government have made perfectly certain that what we are doing will be sufficient. If there is any doubt upon the question it will mean that they will have to put off the election until such time as they can make the thing perfectly sure.

AN CATHAOIRLEACH

With regard to this particular resolution, perhaps, I might be allowed to express my opinion for what it is worth. This resolution is quite in order and will be quite efficacious to accomplish the purpose for which it is intended.

I would like to say that as far as we are concerned we do not propose to oppose this resolution, but we do want to make it clear that this will not be taken in any way as a precedent for the adoption of a similar course again. We all realise the very special circumstances existing now, and weighing up the consequences we feel that it would be a far greater evil to delay the operation of the Land Bill than any alleged abuse or otherwise of the Constitution or Article 47. We feel there is a danger that Article 47 may become a dead letter if many motions of this kind come before the Seanad without very grave reasons. But we see the justification for the present course, and while not anxious to take it as a precedent for the future, we do not propose to oppose the course which is suggested.

AN CATHAOIRLEACH

It is obvious that the circumstances under which this resolution comes before the Seanad make it essential that to carry such a resolution cannot possibly make a precedent for a similar resolution in different circumstances.

Motion put, and carried.
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