Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Seanad Éireann díospóireacht -
Wednesday, 22 Feb 1967

Vol. 62 No. 13

Local Government (Dublin) Bill, 1967: Second Stage.

Question proposed: "That the Bill be now read a Second Time".

Tá súil agam go nglacfaidh na Seanadóirí leis an mBille gearr seo. Tairgíonn sé dhá rud. Sa gcéad dul síos níl foráil dleathach ann faoi láthair chun seanóirí a thoghadh do Bhárdas Cathrach Baile Átha Cliath toisc gur rinne an tAcht Toghcháin, 1963, alt 36 den Acht Rialtais Áitiúil (Baile Átha Cliath), 1930, d'athghairm. Tabharfaidh an Bille seo an comhacht arís chun na ceapacháin sin a dhéanamh. Tá baint ag an dara foráil le deighilt na cathrach ina toghlimistéir. De réir alt 3 (5) den Acht Rialtais Áitiúil (Baile Átha Cliath), 1945, tá sé de dhualgas ar an Aire luacháil agus daonradh a chur san áireamh agus é ag socró uimhir na gcomhaltaí a thoghfar i dtoghlimistéar ar bith. Táim ag iarraidh ar an Seanad an foráil sin a chur ar ceal.

This short Bill proposes two amendments of section 3 of the Local Government (Dublin) Act, 1945. The first will enable an order under the 1945 Act dividing Dublin County Borough into electoral areas to specify the number of aldermen to be elected for each area. Section 36 of the Local Government (Dublin) Act, 1930, had provided that the first councillor elected for each area should be an alderman. It thus provided both for the number of aldermen and for the means of selecting them. That section was included with a large number of other enactments relating to local elections which were repealed by the Electoral Act, 1963.

The manner of selecting aldermen for all boroughs and county boroughs has been laid down by article 77 of the Local Elections Regulations, 1965, but, so far as Dublin County Borough is concerned, there is now no legal provision regulating the number to be elected. The first amendment proposed will remedy this deficiency and will bring the position in Dublin into line with that obtaining in other county boroughs.

The second amendment proposed by the Bill is the deletion of section 3 (5) of the 1945 Act. This subsection reads as follows:—

(5) In assigning by an order under this section the numbers of members to be elected for the electoral areas specified in the order, the Minister shall have regard to the populations and rateable valuations of such areas.

The requirement under the sub-section to take valuations into account means that the average electorate per seat must vary from area to area, depending, in effect, on the relative wealth of the different areas. I am confident that if subsection (5) is deleted it should be possible to devise a scheme for the division of the county borough under which there would be little variation from area to area in the average electorate per seat.

The repeal of the subsection will bring the position in Dublin city into line with that obtaining in respect of other local authority areas generally; no particular factors will be specified as governing the division of the county borough into electoral areas thus, in effect, imposing on the Minister the duty of devising the fairest scheme that is practicable. Under section 3 (8) of the 1945 Act, any order so made must be laid before each House of the Oireachtas and power is given to each House to annul the order by resolution.

In conclusion, I would ask the Seanad to deal expeditiously with the Bill. It is desirable that it should be enacted without delay because the register of electors for Dublin city now being prepared, and due to come into force next April, must take account of the electoral areas as determined by order of the Minister under the Local Government (Dublin) Acts. If a revised division in accordance with the present Bill is to be effective at the local elections next June, the dividing order will have to be made at a very early date.

I want to speak briefly on one point which the Minister has made. The Minister gives a reason for the second amendment proposed in the Bill. The reason is the desirability of removing rateable valuations as a basis for determining the electoral areas for local authority purposes. This is something with which all of us agree. These areas should be determined on the electorate population basis. I do not understand why the Minister's amendment is worded in such a wide way. He has deleted the requirement in regard to rateable valuations which we would expect. What he is doing is providing that there will be no requirements of any kind as to how these areas are to be divided. He is not simply doing what he claims to be doing — eliminating the rateable valuation requirement — he is simultaneously eliminating the requirement to have regard to the population of the areas.

It would be a simple matter for the Minister to draft an amendment which would delete the words "and rateable valuations", which, as he has said, is the only purpose of the amendment. I would ask the Minister to delete the words "and rateable valuations" so that the Bill will have the effect he states he wants it to have, and so as to make it a legislative requirement that these divisions will be carried out.

It is wrong that the Minister should not do that. I would point out that the Dáil fixes the rules for dividing constituencies, which is governed by Article 16 of the Constitution, and which is upheld by the courts of this country against the wishes of the Government and, indeed, not alone the Government, but against the wishes of many Members of the other House. That democratic principle has been upheld in the courts because it is in the Constitution. There is no such protection as regards local elections. As far as I know, there is no provision in the Constitution to ensure that representation shall be related to population. It is because there is no such provision that we put greater value on the subsection which the Minister proposes to delete and which ensures that the Minister shall have regard to the population of such areas. I see no reason to eliminate that.

Nothing has happened over the past number of years — I will not say how many, not wishing to make invidious distinctions — over a long period of time, to suggest that it is wise to give any Government power to discriminate in the matter of electoral divisions. During the controversy in 1961, the Government, supported, indeed, by members of other Parties, sought to circumvent the Constitution and undermine it by having unequal representation in Dáil constituencies with the stated and publicly defended object of gerrymandering in favour of some parts of the country as against others.

They were prevented from carrying out that anti-democratic move by the High Court which, when Senator John O'Donovan, as he then was, took action at risk and cost to himself, upheld the Constitution and prevented members of various Parties in the Dáil from trying to undermine it with this undemocratic system of unequal representation for different areas. We know, therefore, of what we ourselves as politicians can be capable. I am making no reflection on any particular Government or Party. This was the action of the members of more than one Party. We know to what we as politicians can be tempted in the matter of making electoral arrangements.

Knowing what was attempted and prevented only by the High Court, I do not think it is desirable to eliminate the one legislative safeguard we have against this type of action by this Government or this Minister, or by any Government or any Minister. Therefore, I ask the Minister to agree to modify the words here to give him the power which he seeks, and which we want to give him: the power to determine the provision of these electoral areas on a population basis without having regard to rateable valuations. We do not propose to give this Government or any Government power to determine these areas with no regard to population when there is no Constitutional safeguard to ensure that in the absence of a legislative safeguard the democratic principle will be preserved.

The Minister should have no objection to this change. It is quite in line with his own thinking. I do not think he wishes to suggest that he has any form of gerrymandering in mind. Therefore, I expect him to accept an amendment readily or to initiate an amendment on Committee Stage. I have an amendment ready for this purpose, and I hope I will have his support and assistance so that the people of Dublin may be safeguarded against any action any Government might take along the lines attempted in 1961, when members of different Parties sought to have unequal representation for reasons of the convenience of particular members of particular political Parties. I, therefore, ask the Minister to support the amendment.

An amendment is not before the House. We are on Second Stage.

I know, but the difficulty is that I understand the Minister is seeking this Bill with some urgency and I should like to facilitate him. The only way we can proceed effectively is to have an assurance on Second Stage that an amendment will be accepted or that the Minister will bring in an amendment. Otherwise we will have to seek to postpone Committee Stage until next week. I do not want to do that if it can be avoided, as I want to facilitate the Minister.

I am not quite convinced that we are in order in discussing this Bill at all because we took a solemn vote on the order of business we would follow today. We decided to take business in the following order: Nos. 1, 2, 4, 5 and 3. We have, in fact, taken Nos. 1, 2 and 4 and we are now taking No. 3 before No. 5. This leads me to hope that we may yet find ourselves discussing today the motion on the farmers and on agriculture. I do not think we have had an announcement that we have decided to change the order of business. I am not sure how it was changed, and I am not really convinced that having solemnly voted that we wanted to get through the order of business in one way we are in order in reversing it now.

However, assuming for a moment that we are in order, I have only one thing to say. I had underlined precisely the point Senator FitzGerald has made. It seems very strange to me that in the Explanatory Memorandum the point is made that under the present Law——

In assigning the number of members to be elected for the areas the Minister is required to have regard to the populations and rateable valuations of the areas.

It goes on to indicate that this is the reason here for paragraph (b) of section 1, that is, the proposed deletion of sub-section (5) of the 1945 Local Government Act. Yet, as Senator FitzGerald has pointed out, this deletion deletes not merely the requirement, which is a bad requirement, that regard should be had to the rateable valuations of each area, but also the requirement, which is a good requirement, that regard should be had to the populations of the areas.

I share the disquiet of Senator FitzGerald as to what purpose will be served by wiping out the necessity to have regard to the population of the area simply because the requirement to have regard to the valuation is unfair. We all remember when on a previous occasion it was deemed necessary to remove some of the voting strength which tended to vote for Doctor Noel Browne in Ringsend, how a range of mountains seemed to rise between Ringsend and the rest of Dublin. We should not like to feel that in a Corporation election there would be anything like an earthquake or something of a volcanic nature taking place to prove that the Minister in separating what were politically inconvenient portions of the population from particular areas was guided by geographical or topographical considerations, when in point of fact the electorate might say he was guided by Party political considerations.

I do not think the Minister really intends to ask for this full power. It is indicated by his memorandum that he does not, and yet the Bill would give him power to make decisions without any reference to the size of population in each area. I think Senator FitzGerald is right to draw attention to this and I would certainly support an amendment by him, or any amendment put forward to that effect, in order to grant the Minister the right to drop the requirement about valuations, but not to give him the right to drop the requirement about population when he is redrafting the areas. I repeat my question whether discussion of this Bill — No. 3 on the Order Paper — is in order now, and if so how?

May I explain to the Senator that through an oversight I omitted to inform the House that the Minister for Justice, who was to take the item following the previous one, disposed of by the Seanad, was not available and rather than have us sitting idly for the next hour or so, when time is precious, we asked the Minister for Local Government to come along and take this measure. I apologise for the omission.

We should forgive the Leader of the House. I should be very hesitant to propose his suspension at this early stage of his very welcome return to the House.

This Bill, in a way, is dynamite because though brief it gives such wide power to the Minister. For that reason we must get several things clarified for us. It is designed to amend a situation arising from the 1963 Act in relation to the title of alderman in Dublin. The Minister said he does not approve of the title. That is a matter of opinion. Many people are fond of Dublin history and like the old traditions to be respected and retained. Even if they are empty symbols they are part of history.

The Minister seeks unqualified approval from the House of this very large amendment which he proposes and which will give him remarkable powers. Let us examine exactly the powers the Minister will have if the Bill is passed. We must admit straight away that it is necessary to alter the present arrangement in Dublin because of the movement of population and the consequent inequalities in relation to population in so far as one area compares with another. This Bill will give the Minister power to redraw area boundaries in connection with Dublin city for Dublin Corporation election purposes next June.

We are in favour of having alterations made fairly. The Minister said he intends to have them done fairly, first considering the population — in other words, having an average number of people represented in the corporation by each councillor or alderman as the case may be. It seems to me that the Minister, if he gets this Bill, will have power to alter the number of areas. There are nine areas in the city at present, and this Bill will give him power to increase the number. During the debate the Minister said he would not approve of 15 areas for Dublin Corporation purposes and this showed the way the Minister is thinking. He is thinking, possibly, of maintaining nine areas but he has not told us that and we are debating the Bill without a statement before us to that effect. He has not drawn boundaries or given us even a provisional boundary scheme for the areas he has in mind. He is asking us to give him blindly power to draw boundaries and decide the number of areas which will comprise Dublin Corporation jurisdiction in the future.

The Bill will also give him power to decide the number of representatives in each area. The point then arises as to whether it will be five people in each area or will the entire number exceed the 45 persons now in the Corporation? That point has not been clarified either. Before asking us to consider and accept the Bill, the Minister should have outlined his proposal. Certainly, we cannot be expected to accept the Bill without assurances and without clarification in respect of the points I have mentioned.

I examined the Minister's reply in the Dáil and all those matters were omitted. It was a rather brief debate in the other House, the implications of the Bill apparently not being appreciated. The Minister has more or less put it to us that the Bill is urgently required in order to have the situation rectified before the corporation elections and in good time for the preparation of the register. That is fair enough but when he asked us for urgent acceptance of the proposed changes he should have given us an outline of his proposals. Instead, he proposes if and when he gets this Bill —and I do not think he will—to prepare a scheme for the Dublin Corporation elections apparently without consulting the members of the Corporation or the city manager, and to plant that order on the table of the House there to remain for seven days during which it can be rescinded by a majority of the House.

Of course, the Minister is as well aware as we are that his Party have a majority and that even if we object to what he plants on the table of the House no voting in the House will change his decision. Therefore, it is unsatisfactory at this stage to have to say to the Minister: "We will wait to see what you place on the table of the House before letting you know whether we like it." It will be too late then. We must be given assurances now: We must know now what the Minister is asking us to give him in the Bill.

The Minister mentioned that general amending legislation is now being drafted. I suggest it is desirable that this general amending measure should be brought before the House on the principle of one man one vote. We have departed from the situation in which voting power was determined to some extent by valuation. For instance, under the 1930 Local Government Act commercial interests in the city had a right to five out of 35 seats in the corporation. Valuations, therefore, had representation. The burgesses of Dublin would not have been burgesses if they had not been valuation holders in olden times. Now we have moved to the situation in which it will be one man one vote though this may seem unfair to some heavy ratepayers such as business houses, limited companies, large commercial interests who pay colossal rates and have not got even one representative of that huge valuation and the rates that valuation entails.

The one man one vote system is democratic and is regarded in this country as the fairest system of election and now we have come to the point at which population will decide representation in the corporation but we still do not know the number of areas there will be, the boundary line or the number of seats in each area. All that should have been specified before the Minister put before us a Bill which will empower him to lay an order on the table of the House.

I suppose it is fair to say the Minister will not be unmindful of Party advantages if he is to have areas with a different number of seats making up a total of 45 or perhaps more, whichever is decided. He mentioned general amending legislation to cover all the problems that will arise with the passing of time because of extension of the borough boundary and movement of population. In the meantime, however this Bill is required, as I said at the outset, to amend an omission from the 1963 Act.

I feel the Minister, when he was making his statement, should have put those points before us instead of our asking him questions at this stage. Apparently Dublin Corporation have not been consulted and have not been warned about the proposed alterations and it would be only on getting this Bill through that the Minister would prepare the areas and notify the corporation regarding his scheme. He is the person entitled to determine these things. He is entitled to decide the areas and the representation.

Dublin Corporation have not got the power to make these decisions. At the same time, in fairness to the councillors and the citizens of Dublin the corporation should be consulted and their advice sought in relation to the proposed alterations. Nobody will dispute the fact that alterations are necessary. It has been pointed out that in one area in Dublin city there are only 15,000 electors and they are represented by five councillors and in another there are 56,000 people also represented by five members on Dublin Corporation. It is obvious that a very small number of people are over-represented owing to the distribution of the population within the city boundaries.

It is obvious that regular periodic revision of electoral areas is necessary to ensure equal representation for the citizens. It is a very long time since an adjustment was made before. Apparently the Minister will have the power to do this in this Bill. In fact, he has so much power in this Bill that it will hardly be necessary for amending legislation at a later stage unless he omits some matters which may take longer to prepare and which would involve special legislation. Certainly, he will have power in this Bill to do a lot which a general amending Bill could do at a later stage.

I know the Minister wants this Bill urgently but in its present form it will give him powers which are far too wide considering that he has not specified what exactly he proposes to do in relation to the subdivision of the city into electoral areas. It is about 20 years or more since the Dublin Corporation boundary areas were determined. When the Minister is replying I hope he will give us some idea regarding the representation which he recommends now for the citizens of Dublin on Dublin Corporation having regard to the number and complexity of public services which they administer.

When the Dublin Constituency representation was being considered in 1959 and debated here I feel that the problems which are obvious now should then have been obvious. The Minister said they could not have been as obvious as they are now and I agree with him but the trend was there. The population of Dublin is increasing at the rate of nearly 200 people per week, certainly 175 people per week, which is a very rapid increase. It is an increase of approximately 25 people per day in the city. This is a problem which we must deal with so far as representation on the corporation is concerned and the administration of the various services. The corporation is the local body which administers the services of all the Government Departments. No doubt these services could never be administered were it not for the unselfish voluntary work done by the members of these bodies.

Another thing which will confront the Minister is that the number of votes needed in a Dublin Corporation area to elect a councillor may be five times as many as the number required to elect a councillor in some of our other cities, Galway, Cork, Waterford and Kilkenny. If a councillor is representing, say, 35,000 people here in Dublin city compared with a couple of thousand in one of the other cities it can be seen that it is almost physically impossible for him to attend to all the work involved and associated with the public service administered by the corporation.

At the moment the citizens of Dublin are represented by 45 members. If we increase the number to perhaps 75, at least the burden on the shoulders of the councillors and aldermen will be lightened somewhat.

When the Minister, who will be deciding the date of the local elections, came to the Seanad today telling us that he wanted this Bill through as quickly as possible as it was urgently necessary to have it in order that the preparation of registers and arrangements for the elections could proceed, the least he might have done was to state the date of the elections. It is not impossible for the Minister to state the date of the elections. I know the Fianna Fáil Party shied away from the elections last year and the year before but they will have them next June we believe. If they are going to have them next June, why not state the date on which it is proposed to have them and let the various local authorities get on with their printing work, the preparation of registers and all the work associated with local elections? The sooner the election date is made known the better. When the Minister says he wants a Bill urgently, the least we might expect from him is an indication as to the date on which it is proposed to have the elections. This Bill relates only to Dublin, because there was no provision made in the 1963 Act for the recognition of alderman in Dublin city. That was an extraordinary omission. Again, the Minister did not make any reference as to how it came about that the provision for alderman in Dublin city was omitted.

We have to be very careful on this question of gerrymandering because it is obvious there are various issues, burning questions, at present which would tempt the Minister to become involved in the kind of gerrymandering we had before. For instance, we have the agitation by the rentpayers in Dublin city. They are marching through the streets, holding meetings and seeking to have deputations received. The question of determining the rents of the houses is a very live issue. It is possible that the Minister will shy away from a decision in relation to the rents. It is the Minister who decides he will shy away from that decision until after the corporation elections. Of course, another way to weaken the tenants, to weaken the agitation and the representation, would be to draw the boundary lines conveniently in various areas. That would have the effect of weakening the representation the rentpayers would have otherwise. This would also apply to ratepayers associations. There are ratepayers associations in and around Dublin. In fact they are represented on Dublin Corporation. Again, the drawing of boundary lines could ensure that the ratepayers of Dublin city would not have direct representatives elected. I have made these points to illustrate the power the Minister is seeking now —to draw those lines, make these boundaries, and he would not be human if he did not take into consideration the advantages for his own Party in drawing those lines.

People have said that the title of alderman is out of date and ineffective as far as Dublin city is concerned. An alderman in Dublin city is a person who secures election to one of the first five seats in each of the nine areas, whereas aldermen in Belfast and in English cities are the senior members of the corporations and county councils — seniority is the element, compared with election to one of the first five seats here. A person here could contest a corporation election for the first time and, if he secured election to one of the first five seats, would be an alderman. That situation does not exist in cities outside Dublin, where seniority on the council is the deciding factor. Even so, I think a departure from the old description would be a pity because Dublin city has a great history and a long tradition. If you are to start abolishing Lords Mayor and aldermen, why not throw Cromwell's chain into the Liffey? That chain was presented to Dublin city by Cromwell. It is treasured and we are proud of the long link in history down through the years.

I think that is not quite relevant on this Bill.

I mention that merely in its relation to the matter of alderman. That issue is one of the main items of debate on this Bill. It is really in that connection that the Minister was compelled to come into the House to ask for an alteration. If he did not ask for this alteration in relation to aldermen and to having them recognised, there would be so many implications that the legal situation for Dublin Corporation would be quite impossible next June. I mentioned those other matters because they are all associated with the kind of empty pomp connected with ceremony, symbols, customs and traditions but those things are linked with history and people who have a sense of history and tradition wish to see them preserved.

One thing I could not understand in the Minister's speech was his reference to the number of aldermen in each area. At the moment, of course, there is one alderman only in each area of Dublin Corporation. Possibly the Minister intends to specify that there should be one alderman only in each area of the city. But, when I read his speech, I was surprised. He referred to the number of aldermen in each area. I was wondering whether he meant he would have more than one in each area in accordance with the powers in this Bill. It is only right to say, for public knowledge, that a person who is described as an alderman does exactly the same work as every other councillor in the corporation; nothing more and nothing less. They have the same functions and the only reason they are described as aldermen by tradition in Dublin is that they are the persons who are elected to the first seat in each area.

With regard to the change in the areas and the number of seats the questions is whether they will all be five-seat areas or three-seat areas? I know that as we will have election by the system of proportional representation there must be not fewer than three persons representative of each area. If the Minister makes all those changes, will he have all the areas with the same number of seats, and, if not, can he give us some idea of what he has in mind regarding the representation? For instance, he may say that a five-seat area is too big now, with five councillors representing an average of 35,000 electors in Dublin city; in other words, the proportion of 35,000 electors to five councillors is very big when it comes to one person working round the area. Possibly the Minister has in mind a reduction in the representation to three seats per area in Dublin Corporation, which would lighten the burden on the individuals. It would be a smaller area, a smaller constituency with a smaller population. That is just another point I want cleared up now by the Minister.

I think the Minister will regard north and south of the river Liffey as one way of starting his boundary lines. For convenience sake the kind of road patterns, street patterns and river boundary should be a guide because it would be very inconvenient if Dublin Corporation were split in half by the river Liffey. There is one area in the corporation just south of the Liffey which also includes portion of the north side of the Liffey. The people north of the Liffey feel they are not represented by reason of the fact that all the councillors of the area live on the south side of the river. Of course, those people are wrong but it is fair enough to take into account the street patterns, the road patterns and the river boundaries. We would not expect that the same number of citizens should be north and south of the Liffey. We should have regard to the citizens north and south of the Liffey according to the population.

It is only right to mention that the public in general have no idea of the amount of unpaid work done by members of the corporation and county councillors. They devote a great deal of their time to their work as public representatives and help in various aspects of the services provided by the public authorities. They also engage in charitable work.

A great deal of charitable work is done by councillors around the city. In fact, councillors normally work morning, noon and night because wherever they go they are confronted with problems. They shoulder the burdens of the problems handed over to them by the citizens.

We all know what a hard life any Lord Mayor in Dublin has at the present time. I mention this because people do not realise that councillors have to bear considerable expenses in connection with their work as public representatives. People think they get some benefit or advantage out of being representatives on the councils and corporations. The only benefit or advantage they get is the status and prestige of being privileged to be a representative of the city and in a position to work for them in a voluntary manner. For that reason, in the amending Bill, which the Minister mentioned, I hope he will take into consideration the out of pocket expenses which councillors have, whether by way of postage, telephone expenses or travelling expenses.

I am afraid the Senator is going very far outside the scope of the Bill.

I shall not pursue the matter further but it is worthy of mention. I am not a councillor and that is why I can speak openly about the work they do. I had fourteen years of it and I will, again, please God. We desire a very clear statement from the Minister. It is essential that we get another look at this Bill in relation to what his reply is now and what he tells us in relation to the powers he is asking us to give him. Naturally, he cannot expect us to give him unqualified power. It would be unfair to the Minister to give him that power.

It is only fair that we should ask the Minister to specify what power he is going to take in the event of his getting this Bill. We all agree that in relation to the change in Dublin city and the distribution of population alterations are necessary to ensure that the principle of one man one vote and equal representation and fair representation will apply. That could be done in a very simple manner by the Minister but this Bill gives him far greater power than that. It may be necessary for us to put down some amendments to this Bill. That will depend on the kind of detail we get from the Minister in his reply.

The Seanad, of course, are entitled to adopt whatever attitude they like in regard to this Bill but I should like just, once again, to explain to Senators why it is that I am seeking all the Stages of this Bill today. A dividing order cannot be made until this Bill becomes law. Most people who have taken any part in elections will appreciate that it is at least almost essential that the register of electors should be prepared on the basis of the division. The register must be finished by April 1st and this means that printing should, in fact, be in progress now. It generally starts about the middle of February. If the Bill is held up and, obviously at this stage even a week may be vital, it may be impossible to redivide the city in time for the next local elections. We will then have to continue with the position as it stands at the moment in which in one area 15,444 electors elect five councillors while in another area it takes 56,963 to elect five councillors. It is desirable to get away from that situation for the local elections, the date of which people who are interested in this matter are aware has been announced in reply to a Parliamentary Question in the Dáil.

What I said was in or about the 28th June. The date I have in mind is the 28th June unless there is any particular reason why they should not be held on that particular day of the week. It is a Wednesday and that is generally accepted as the most suitable day for them. If there is to be any movement it would only be to the Tuesday but Wednesday, 28th June, is the date I have in mind. Senators, of course, can make whatever insinuations of a vicious intention on my part they like but there is evidence available of the type of approach that is to be expected.

This question naturally arose in the Dáil also. In the Dáil debate of 15th February, 1967 in Volume No. 8, page 1367 of the Official Report Deputy Ryan said:

I would have preferred to have the Committee Stage on another day in order to put down an amendment which would have imposed on the Minister the statutory obligation of preserving equality, but, in view of the Minister's undertaking, to bring about equality, so far as practicable, we are prepared to accept that he will do so and we can only await the result of his efforts.

What I am proposing to do here is merely to put Dublin County Borough on the same basis as already exists, and has existed since 1941, for every other county borough, borough, urban district and every county area. This power has existed since 1941 and there has been no suggestion that the power has been used for gerrymandering. It is only lately that other county boroughs and boroughs have been divided into electoral areas but the divisions that have been made recently are on this basis. Examples are there for Senators to see how the divisions have been made. For instance, Cork city has been divided into six different areas and the population per member in those areas varies from 3,524 to 3,672. I do not think it would be reasonable to expect any more accurate division than that. Similarly, in the three areas in Dún Laoghaire borough the number of electors per member varies from 2,094 to 2,203.

I have stated that the whole purpose of the Bill is to allow me to do the same with regard to Dublin city. Under the law as it stands I am required to take valuation into account and I want to get away from that. The requirement to have regard to population could, in fact, result in distortion in the different areas. The effect of the presence of large institutions, for instance, in a particular area could have a distorting effect. Grangegorman Mental Hospital has a population of about 2,000, most of whom are not qualified to vote and a division on the basis of population would obviously make a big difference in the actual number of voters per seat in that area as against other areas.

We are dealing with electors.

The proposal is to delete only "and rateable valuation." That would require me to continue to have regard to the population in such areas. Population is the requirement in the Constitution with regard to Dáil constituencies, not electors. That provision has been defended here by Senator Garret FitzGerald. Similarly, in the new housing areas there is a bigger proportion of young children than in older areas and this requirement would force me to take this into consideration also. A requirement to divide on the basis of population figures could, in fact, have the effect of having a greater proportion of electors per councillor in some areas than in others.

Was it "electors" or "population" in Cork?

Electors. The figures I have given relate to electors. There is no statutory condition laid down for any other area except Dublin, and all that this is doing is putting Dublin on the same basis as Cork and the other areas.

That is on the basis of electors.

In addition to that, population can only be based, of course, on the most recent census returns available. This would mean that the 1967 local elections would have to be fought on the basis of the 1961 census returns. The breakdown of the 1966 returns will not be available until April next. The putting of Dublin on the same basis as other places enables me to do a more accurate job and to arrive at a position that should be more satisfactory to everybody. Senator Rooney maintained that in bringing this Bill before the Seanad I should also bring along an outline of the proposed revision. Any revision that would be made now would have to be done in accordance with the existing statutory requirement and the proposed revision is not, in fact, available. That has not been decided at all.

Until the Minister sees what is decided about the Bill.

Yes. Senators on the opposite side of the House seem to have the same high opinion of the efficiency of our Party organisation that their colleagues in the Dáil have. I, and Senator Ó Maoláin, have a lot of experience of our organisation and I do not think that either of us would be so foolish as to ask our organisation to provide us with information on which we could set about dividing Dublin city into areas to the best Party advantage. We would not be able to obtain such information.

They are able to do it in the county.

I quite understand that a Senator whose transferance from the Lower House to the Upper House has been due to the efficiency of our organisation should imagine that we have this even greater knowledge than we actually have but, in fact, that is not so. The fact that we continue to prove so successful at election times is not due to organisation so much as to the fact that we appreciate that the electors are intelligent enough to see through unrealistic policies.

And bring the city out into the county.

I do not know what Senator Rooney was advocating in regard to the number of seats per area, whether he wants them to remain as nine five-seat areas or whether he wants the Liffey to be treated as a boundary, in which case we could not have nine five-seat areas. Again, he seemed to argue that a five-seat area was too much for any councillor to be expected to look after in view of the fact, to which he referred, that their services are completely unremunerated and that even their out-of-pocket expenses are not recouped.

I did advocate that.

At one point I thought Senator Rooney was arguing in favour of three-seat areas.

At another point I thought he was arguing in favour of a continuation of the present nine five-seaters. Again, I thought he was arguing in favour of having the Liffey as a boundary. If we take the Liffey as a boundary and decide that no electoral area will cross the Liffey the allocation of seats in accordance with the numbers of electors would require 22 seats north of the Liffey and 23 seats south of the Liffey. That would obviously necessitate a change from nine five-seat areas. Apart from the fact that I, like Senator Rooney, would regard it as undesirable to have any electoral area crossing the Liffey I have no rigid views on this matter. I think it is certainly desirable that the Liffey boundary should be respected. It is possible that a High Court judge might not see any need for that, but most people in touch with the realities of politics would agree that it is undesirable to cross these boundaries.

The Minister is arguing on 45 seats at the moment?

It would require legislation to change from 45 seats. I am not proposing to change from 45 seats. I think 45 seats should be sufficient to cover a city the size of Dublin. I am asking the Seanad to deal with this Bill in the same way as the Dáil in order to allow this injustice of 15,444 electors electing five councillors in one area and 56,963 electors electing five councillors in another area to be remedied in time for the elections due to take place on 28th June of this year. This remedy depends on the register being prepared in time, and I ask the Seanad to deal with this Bill today on that basis.

Can the Minister say now whether it is intended to have nine five-seat areas in the June elections?

No. My intention at present is to investigate the possibility — and I think it should be possible — of not having any electoral area taking in portions of Dublin on both sides of the Liffey.

What has that got to do with the question the Minister was asked?

I think I explained to the Seanad that it was my intention to ensure that the number of electors electing councillors in every area would be as nearly as possible the same. If I am to do that and, at the same time, not cross the Liffey in any electoral area, such division would require 22 seats on the north side and 23 seats on the south side. Obviously, you could not have nine five-seat areas. On the south side the greatest number of five-seat areas you could have would be four and on the north side the greatest number of five-seat areas you could have would be three. So, if you are to have no area on the two sides of the Liffey you cannot have nine five-seat areas.

This is the point I wanted to clear up. Apparently we will have three, four and five seats in the sub-division of the corporation.

I do not know yet what the subdivisions will be.

Do I understand that the Minister is asking for power to ignore the question of population as well as valuation on the grounds (a) that there is a grave injustice if we take valuation into account, and (b) that he promises he will never use the second power? I do not understand the Minister saying that he will never use the right of ignoring the population ratio and giving this as a reason for asking for this power. Cannot he do without it?

Perhaps this matter could be raised on Committee Stage.

We are in a difficulty because the Minister is anxious to get all Stages now. I am most anxious to facilitate him, but I am now left in a position of extreme difficulty. The Minister's reply is so evasive on this issue that I do not see how we can proceed at this point. As Senator Sheehy Skeffington pointed out, on the one hand, the Minister said he does not propose to depart from the population criterion, and on the other hand he gave us reasons why it is so important to depart from it that it must be written into the Bill. I do not think we are now in a position to give all Stages of the Bill in the circumstances of the Minister's reply which was totally unsatisfactory. The Minister more or less announced the date of the elections. Then he brings in this Bill at the last moment and asks us to rush it through because otherwise, having fixed the date, there would be a difficulty about changing the present unsatisfactory distribution. In the light of the Minister's totally evasive reply — which I must say surprised me — I do not think it can be expected that we could give all stages at this point. Seeking clarification on this matter Senator Sheehy Skeffington, Senator Rooney and I are probing at the end of the Second Stage.

That will arise when we have disposed of Second Reading. What happens then is a matter for the House.

Question put and declared carried.

I am asking for it now.

May I put something to the Minister which may help to facilitate him? The Minister ha given an argument which may have some validity as far as the question of population is concerned as distinct from electorate. If that is the only reason for the Minister's attitude, would he accept an amendment which would be confined to eliminating the words "populations and rateable valuations" and replacing them by the word "electorates"? This would meet the Minister's point and give him no more than he states he is looking for. If he is agreeable, I see no reason not to proceed with the subsequent Stages now.

All I am doing is bringing the position of Dublin County Borough into line with every other local authority in the country. This is also desirable to facilitate consolidation of electoral law, preliminary work on which has commenced. It is my intention to try in so far as it is possible — I am quite certain Senators and Deputies of all Parties will be satisfied when the order is produced — to produce orders that will be fair in accordance with the interests of the electors. I can see no objection to having the Senator's suggestion laid down but it should be done on a global basis for all local authorities rather than for Dublin city only. It could reasonably be considered in connection with the consolidation law and it may require more frequent revision. The revision of electoral areas in the country as a whole would be a major task and possibly might not be justified except when there would be major changes in the population structure. I undertake to consider this in connection with the consolidation of electoral law but I do not think it is desirable it should be done in respect of Dublin County Borough only.

There is no reason whatever to delay this provision. Dublin has been broken up into such a number of areas that it bears no comparison with other areas in the country from the point of view of electoral law. I have circulated an amendment which the Minister may accept as giving him the facility he says he will be satisfied with. I am prepared to modify that, the general effect being that we substitute the word "electorates" for the words "populations and rateable valuations". The Minister has given no reason for not accepting the suggested amendment which gives him all the powers he has told us he will be satisfied with.

Acceptance of an amendment now, for one thing, would postpone this Bill coming into operation probably just sufficiently long to make it impossible to operate in the coming local elections. It would have to go back to the Dáil. This is really an unreal and artificial objection. There is not anybody here who does not know that the intention is to divide Dublin city in the same way as other county boroughs have been recently divided and in the same equitable way as divisions have been made in all other local authority areas. The only effect of this situation will be to postpone the enactment of the Bill, probably making it impossible to do this in time for the local government elections in June.

On the contrary, far from holding it up the proposal is to get an amendment through now rather than have the Bill held up for further consideration. The Minister could get the Bill to the Dáil tomorrow and there would be no delay. The amendment would give the Minister all the power he has told us he is looking for. We do not wish to hold the Bill up. I suggest that we defer consideration of the question until after the tea interval during which the Minister could give some consideration to my proposed amendment. The Minister says everybody will be happy with the distribution he has in mind. An alternative is that the Minister would agree to consider this amendment during the tea interval. Then everybody would be happy.

The Chair does not see any alternative to putting the question that the Bill be considered in Committee.

We want to give the Minister the Bill.

We want to help the situation.

In view of precedent, it would be a grave mistake to take a Party political vote on this and rush it through. We have always had the privilege in the Seanad by which, if any Member wanted to propose an amendment, we deferred consideration of the Committee Stage for at least a week to give an opportunity to think it over. I suggest that the offer made by Senator FitzGerald is very reasonable and I ask the Minister to think it over during the tea interval and come back at 7.15 p.m. and decide whether we could not take all the Stages tonight.

That is a matter for the House.

I think the House should be asked to decide.

None of us wants to leave it over until next week.

If the Dáil were prepared to accept that this be done in a certain way and if the Seanad want to make allegations that this is gerrymandering, then that is a matter for the Seanad.

I beg leave to move the adjournment until 7.15 p.m.

I earnestly suggest that this be deferred until after the tea break. I wish to give the Minister an opportunty of considering the matter. We have no desire to hold up the Committee Stage.

Question: "That the Committee Stage be deferred until 7.15 p.m." put and agreed to.
Business suspended at 6.5 p.m. and resumed at 7.15 p.m.

The question before the House before the business was suspended was whether the House should take the Committee Stage of the Local Government Bill 1967. Perhaps the Leader of the House would have some message? Has there been any agreement?

No, I have not had any discussion on the matter.

I think we are waiting for the Minister to give us the fruits of his considerations during the tea break as to whether the amendment along the lines suggested would be acceptable or not because on that, I think, hangs the decision.

I think I made my position clear. All I am doing is something which I think should be done, proposing to apply the same conditions to Dublin city as apply to every other local authority in the country and as have applied since 1941 without serious accusation or any accusation at all that I know of having been made of any attempt to gerrymander.

Senator Garret FitzGerald seeks to read into this some sinister attempt on my part to do what it would not be possible to do in Dublin city. The only possible explanation for the attitude that I can see is that it is desired to circumscribe the Legislature here and have this matter dealt with from outside this House in the manner in which Dáil constituencies were dealt with in the instance to which Senator FitzGerald referred in such glowing terms. I do not know that the people in the areas in counties that were mutilated who were taken out of their natural areas in which they had always voted and put in with other constituencies would look upon that decision in quite the same light that Senator FitzGerald looks upon it.

The Oireachtas have given this power to the Minister for Local Government with the provision that any order made has to be laid on the tables of the Houses of the Oireachtas. They have given that since 1941 in respect of every other electoral area. I think it is reasonable to ask that Dublin city should be treated in the same way.

With regard to the suggestion that the bringing in of this Bill has been deliberately delayed I do not think that can be sustained. In the first instance it is obviously desirable that these revisions should be made in the light of the most up-to-date knowledge of the number of electors in different areas of the city. Originally, this Bill was part of a proposed general amending Bill which is in the course of preparation. When I became Minister for Local Government, I found that it would not be possible to have that Bill prepared and introduced in time to have this change made for the local elections and I decided that, in the interests of equality of representation, it was desirable to take these sections out of the general amending Bill. That was put in hand immediately on my becoming Minister for Local Government. It was introduced on the first day after the adjournment and it has been pressed forward as quickly as possible. I am asking the Seanad to deal with this Bill in the same way as the Dáil have dealt with it. The Dáil has accepted my undertaking to redivide Dublin city on the basis of one man one vote as equitably as possible.

The Minister's reply can only be described as a circumlocutory negative. I do not think we have any alternative but to adopt the procedure we indicated before. We have given the Minister every chance to reconsider the decision. I have merely said that the evidence from the 1961 affair showed that in all Parties there were strong inclinations to depart from the basic democratic principle but I do not wish to reflect on the motivation of one Party or another. I have no desire to circumscribe the Oireachtas which the Minister has just mentioned in this matter. It is the Minister, by rushing the Bill through, who is seeking to do so. The Minister's reference to the mutilation of counties suggests that his attitude of mind is still that which prevailed at the time of the 1961 affair and it is this attitude of mind which worries me somewhat in this particular case. The reason given for the postponement of the Bill—that time only is required in order to divide up the areas—is completely irrelevant.

Everything the Minister has said in the last few minutes gives grounds for caution and I do not think we could agree to the Committee Stage being taken at this point.

Could the Minister say at this stage whether he is seriously considering the issue of ballot papers in Irish as well as in English for the next election?

I should just like to say that I too would favour the postponement of the Committee Stage for at least a week in order that the Seanad may think this over, in view of the unsatisfactory nature of the Minister's arguments in dealing with this point. I think Senator FitzGerald has conceded really everything that could justifiably be conceded on the amendment.

The explanatory memorandum issued by the Minister says in paragraph 2:

In assigning the number of members to be elected for the areas the Minister is required to have regard to the populations and rateable valuation of the areas.

In paragraph 4 of the same memorandum the only objection made is to the requirement to have regard to rateable valuation. No case at all is made in the memorandum about the awkwardness of having to have regard to the population. What the Minister says in effect is that: "In fact I would never engage in a gerrymandering process but I require the power to do so". I feel that even though we might have complete confidence in the Minister, how do we know that Senator FitzGerald might not be the Minister next time, and the Minister himself might bitterly regret having given this power to Senator FitzGerald?

I am quite confident I could gerrymander in Dublin if I set my mind to it, though I would not!

In accordance with the tradition of the House, the Minister may attend the vote in the other House.

I merely wish to say I would strongly oppose the taking of the Committee Stage now.

I do not like to intervene in this discussion but it is a matter of time. The Minister has been accused of delaying; the people on the other side of the House will understand that the compilation of the register began in September—

What has that to do with the Bill?

The Minister must have a decision on the present electorate.

How could that in any way affect the wording of the Bill?

He must have the Bill law so that he can compile his register and compile the areas from No. 1 to No. 9, which will give an equal electorate in each area. The register must be printed by 1st April; it will become law on 14th April. Surely, if Fine Gael want to work on an up-to-date register and know their areas; their arguments a couple of weeks ago were ridiculous when they wanted to bring forward the local authority elections to May, when it was said by the people here that they would be held in June. They objected and wanted them earlier. The register must be ready and there is only the month of March in which to do so. Why all this argument for nothing? The argument is being used that this could have been brought in long ago.

Because there is such a transposition of electorate and the Minister is trying to allocate areas equivalent to the population.

This discussion is proper to the Committee Stage.

Ridicule is never proper at any stage.

The question is "That the Committee Stage of the Local Government (Dublin) Bill, 1967 be taken now."

On a point of order, are you proposing that the House should vote on this? It has never been done before. It is a matter for agreement.

It is a matter for the House to decide and to agree on whether the House wishes to take the Committee Stage now.

Never in the last 19 years has it been logical to do this in this way. It is most unwise and most undemocratic to do it in this way.

I am concerned with the proceedings of the House.

The proceedings of the House should be conducted in an equitable manner.

Perhaps we can bring a little bit of order into this matter by saying that the Committee Stage will be taken next Wednesday.

Fair enough.

That is better.

Committee Stage ordered for Wednesday, 1st March, 1967.

Could the Leader of the House indicate whether motions Nos. 6 and 7 on the Order Paper might be taken next week?

I am not fixing the Order of Business for next week.

The Leader of the House might give the House an idea.

The business of the House has already been ordered.

For today. The Senator can raise the matter on the next sitting day.

Barr
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