Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Seanad Éireann díospóireacht -
Thursday, 9 Aug 1923

Vol. 1 No. 41

CONCLUSION OF SESSION.

AN CATHAOIRLEACH

There is a matter I should mention which arises under Article 24 of the Constitution. That Article says: "The Oireachtas shall hold at least one Session each year. The Oireachtas shall be summoned and dissolved by the Representative of the Crown in the name of the King, and subject as aforesaid Dáil Eireann shall fix the date of the re-assembly of the Oireachtas and the date of the conclusion of the Session of each House: Provided that the sessions of Seanad Eireann shall not be concluded without its own consent." As I read that Article of the Constitution, I think it is plain that it points out that the sessions of the Oireachtas may be dissolved in one or other of two ways: either by dissolution, which is the act of the Representative of the Crown, or by the ordinary conclusion of a session that does not involve dissolution, but that the Oireachtas shall continue intact. It seems to me that the proviso: "Provided that the sessions of Seanad Eireann shall not be concluded without its own consent," can only relate to the second class of session, that it cannot relate to a session that is automatically brought to an end by the act of the Representative of the Crown in dissolving the Oireachtas. Once the dissolution has taken place, it seems to me to be plain that it is out of the power of this Seanad to alter the date or the fact of the termination of its session. However, that apparently is not the view that was taken in the Dáil, because they have sent forward a request which I shall communicate to the Seanad. These are the resolutions they passed:—

It is hereby resolved:—

(1) That the present Session of the Oireachtas, and of each House thereof, do conclude at the termination of the Sittings of the two Houses on this the 9th day of August, 1923. Provided that the Session of Seanad Eireann shall not be concluded without its own consent.

(2) That the date of re-assembly of the Oireachtas be fixed and that the same shall be Wednesday, the 19th day of September, 1923.

(3) That a message be sent to Seanad Eireann to advise the Seanad of the passing of these resolutions, and to request that the Seanad may be pleased to consent to the conclusion of its present Session accordingly.

In other words they seem to contemplate and to consider that even in the case of a dissolution the Session of Seanad Eireann cannot be concluded without its own consent. I do not read the Article in that way. At the same time, it probably would be wiser and more prudent to pass this resolution, because, like a Doctor's prescription, if it does not do you any good it will not do you any harm.

Pursuant to the resolutions in the Dáil, I beg to move:—

That Seanad Eireann do consent to the conclusion of its present Session at the termination of the sitting of the Seanad on this the 9th day of August, 1923, pursuant to the Resolution of Dáil Eireann this day communicated to the House by message from the Dáil.

I beg to second.

Motion put, and agreed to.

AN CATHAOIRLEACH

That concludes our business and our Session.

The Seanad rose at 12.30 p.m.

Barr
Roinn