Committee Reports::Report - Proposals for Legislation to Amend the Constitution::26 November, 1926::Proceedings of the Joint Committee

2. Present:—Ceann Comhairle (Chairman); the Minister for Finance; the Parliamentary Secretary to the Minister for Finance; Deputies: Johnson, Mulcahy, Tierney, Thrift, P. S. Doyle and Connor Hogan.

3. The Chairman’s Draft Report was brought up and read a first time as follows:—

1. The Select Committee (consisting of ten Deputies) was appointed by Order of the Dáil of the 17th November, 1926, to make recommendations regarding certain proposals for legislation to amend the Constitution, and to report back not later than December 1st. By further Order of the Dáil of the same date, the Ceann Comhairle was appointed Chairman of the Committee.

The following Deputies were nominated by the Committee of Selection to serve on the Committee:—The Minister for Finance; the Parliamentary Secretary to the Minister for Finance; Deputies: P. S. Doyle, Connor Hogan, Johnson, Magennis, Mulcahy, Thrift and Tierney.

By subsequent Order of the Dáil of the 18th November, 1926, the number of members of the Select Committee was increased to eleven, and in addition to the Deputies nominated by the Committee of Selection, Deputy Redmond was appointed to serve on the Committee.

3. The following were the proposals submitted to the Committee for consideration:—

(a) A proposal to amend the Constitution, by inserting therein special provision for the election at a General Election of the member of Dáil Eireann who was Chairman thereof, immediately before the preceding dissolution of the Oireachtas.

(b) A proposal to amend the Constitution, by removing therefrom the requirement that the day of a General Election should be proclaimed a public holiday.

(c) A proposal to amend the Constitution, by extending the maximum duration of Dáil Eireann from four years to five years.

(d) A proposal to amend the Constitution, by increasing the maximum membership of the Executive Council from seven to twelve members.

The Committee decided to consider seriatim the four proposals, and the extent to which these proposals might affect other points in the Constitution, and to make recommendations accordingly.

A majority of the Committee considers that it is desirable that the Chairman of Dáil Eireann should keep himself clear of party affiliations during his term of office; that the difficulty in these circumstances of his securing election in any constituency to the subsequent Dáil will tend to be great; and it is, therefore, of opinion that amendment of the Constitution in this respect is desirable.

A proposal alternative to that submitted to the Committee for consideration, assuming amendment of the Constitution so as to make special provision in respect to the Chairman, but proposing that such amendment should be by way of allowing the Dáil to appoint as its Chairman either one of its members, or a person not a member of the Dáil, was negatived by the Committee.

The Committee recommends to the Dáil for adoption the proposal contained in Constitution (Amendment No. 2) Bill, 1926.

The Committee is unanimously of opinion that the day of a General Election should not be proclaimed a public holiday. Should the Constitution be amended in this respect, the Committee considers that a re-arrangement of the hours of polling, as prescribed by the Electoral Act, 1923, will be rendered necessary, and tentatively suggests that the altered hours should be from 12 noon to 10 p.m.

The Committee is of opinion that amendment of the Constitution on the lines of this proposal is desirable, but instead of the maximum duration of five years provided in the proposal, recommends that the maximum duration of Dáil Eireann as fixed by the Constitution should be six years, and that a period shorter than that maximum should be fixed by ordinary legislation.

Paragraph 3, sub-clauses (a) (b) (c) and (d) allowed to stand part of the Report.

Paragraph 3, from the words beginning “The Committee” to the end of sub-paragraph (i) allowed to stand part of the Report—Deputies Johnson and C. Hogan dissenting.

Paragraph 3 (ii) as amended by the insertion after the words “should not be” of the words “required by the Constitution to be”; the deletion of the words “Constitution be amended in this respect” and the substitution therefor of the words “day of election not be proclaimed a public holiday”; and the deletion of all words after the words “the Committee considers that” to the end of the paragraph, and the substitution therefor of the words “the hours of polling should be varied so that the loss of facilities so occasioned might be restored by more convenient hours of polling” —allowed to stand part of the Report.

Paragraph 3 (iv) allowed to stand part of the Report—Deputies Johnson and C. Hogan dissenting.

“That the Chairman’s Draft Report, as amended, be the Report of the Committee to the Dáil.”

IMEACHTA AN CHOISTE.

PROCEEDINGS OF THE COMMITTEE.

Dé hAoine, 26adh Mí na Samhna, 1926.

Friday, 26th November, 1926.