This is a Private Senator's Bill.
Public Business. - Children Bill, 1928—Second Stage.
Cathaoirleach
Yes. It is a Bill which originated in this House. It was introduced by Senator Brady when he was a member of the House, and it was backed by Senator Hooper and myself. It passed through this House and went to the Dáil, where an amendment was introduced. Owing to the peculiar nature of a certain Article of the Constitution when a Bill initiated in the Seanad goes to the Dáil and comes back here amended it has to be treated as if it originated in the Dáil, and hence it is sent here again for a Second Reading, though it has already passed this House. The object of the Bill is to remove a blot from the existing Children Act of 1908. Under that Act the position of a destitute child whose parents or whose surviving parent were not in a position to support him or her was that in order to be sent to an industrial school it had first to be convicted of begging. Now, that was highly objectionable. It started the child in its career as a criminal. The object of this Bill was to remove that blot from the Act of 1908. That was done by this Bill as it left this House. It went to the Dáil. In the Dáil the Government would not accept any responsibility for it. The Minister for Education, speaking on behalf of the Government, said they would not object to it provided an amendment was inserted in the Dáil requiring the consent of the parent or parents.
That was the blot on the Bill as it left here.
I think an amendment of that nature was suggested by Senator Mrs. Wyse Power. That is the only change that has been made in the Bill since it left this House. I need scarcely say that so far as we are concerned, having first introduced the Bill, we are perfectly satisfied to have that amendment inserted. I now move the Second Reading of the Bill.
I am satisfied with the Bill as it comes from the Dáil. It not only gives what we were looking for, but it gives a guarantee that the parent can get the child out when required. This Bill can never be called a Brady Bill. It is a different Bill altogether.
This is a most admirable Bill and one which we are all supporting. As Senator Mrs. Wyse Power has stated, it has been greatly improved in the Dáil. I would like to enter a protest against the ridiculous proceeding of having to go over all the stages of the Bill again in this House, although we have already passed it. I think the Standing Orders should be amended in that respect so that we shall not have the same trouble again.
The position is not due to our Standing Orders.
It can be done by a suggestion from the Seanad and there is no earthly reason why the present conditions should continue to exist. We can do it in consultation with the Dáil. There is no earthly reason why we should be the only Legislature in the world where all the stages of a Bill have to be gone through twice when we have already agreed to the measure.
Cathaoirleach
This procedure is governed by the Constitution, and if you prefer to amend the Constitution, well and good.
It has been amended in a great many particulars and we might amend it in this instance if it is necessary.
I wish to call attention to another anomaly in this connection. The Bill comes to us from the Dáil, where it was passed unanimously, and yet the Minister who spoke to the Bill, and the chief opposition, speaking in relation to the Bill, declared that they accepted no responsibility for it. It comes to us as a Bill from the Dáil for which nobody there is responsible, either the Government or the Opposition! They will have nothing to do with the child, but they will leave it to the Seanad.
Is it not well there is a Seanad?
I wish to support this Bill. We paid a very high compliment to Senator Brady when he introduced the Bill here. It was passed with the approval of every member of this House, because it took up the case of the defenceless children, who are not responsible for the position they are placed in. We are now in a position to bring a good Bill to fruition. It is a measure that received a good deal of earnest consideration here. It had the approval of everybody and we are glad to see it now approaching the Final Stages.
Question—"That the Bill be now read a Second Time"—put and agreed to.
I move: "That the Standing Orders be suspended for the purpose of taking the remaining stages of the Children Bill, 1928, to-day."
I second that proposal.
Question put and agreed to.
Bill passed through Committee without amendment, reported, received for final consideration, and passed.