Committee Reports::Report and Proceedings - Constitution (the constitution and powers of, and methods of election to, Seanad Éireann)::09 May, 1928::Proceedings of the Joint Committee

IMEACHTA AN CHO-CHOISTE.

PROCEEDINGS OF THE JOINT COMMITTEE.

Dé Céadaoin, 9adh Bealtaine, 1928.

Wednesday, 9th May, 1928.

1. The Joint Committee met at 11 a.m.


2. Present: The Ceann Comhairle (in the Chair), the Cathaoirleach of the Seanad; Deputies de Valera, Morrissey and Tierney; Senators Bennett, Douglas, O’Farrell, Jameson and O’Hanlon.


3. Powers of the Seanad.


Motion made (Senator Douglas):


“That the Joint Committee recommends that Article 38 of the Constitution be amended to the effect that:—


(a) If a Bill (not being a Money Bill) initiated in and passed by the Dáil is rejected by the Seanad or is passed by the Seanad with amendments to which the Dáil does not agree such Bill shall be suspended. If after the prescribed period the Bill, in the form in which it was last passed by the Dáil and rejected by the Seanad (subject to any changes certified by the Chairman of Dáil Eireann to be necessary by reason of lapse of time), is again sent by the Dáil to the Seanad and the Seanad within two calendar months thereafter fails to pass the Bill either without amendment or with such amendments as the Dáil shall agree to, such Bill shall, on resolution of the Dáil, be deemed to be passed by both Houses;


(b) The prescribed period shall commence on the day on which the said Bill is first sent to the Seanad and shall end at the expiration of two calendar years from that day unless within the said period a dissolution of the Oireachtas takes place, in which latter event the period shall end on the day of the reassembly of the Oireachtas following such dissolution.”


Amendment proposed (Deputy de Valera):


“To delete in paragraph (b) the words ‘two calendar years’ and substitute therefore the words ‘eighteen calendar months.”’


Question put, and negatived— Deputy de Valera dissenting.


Amendment proposed (Cathaoirleach of the Seanad).


“To delete in paragraph (b) the words ‘two calendar years’ and substitute therefor the words ‘eighteen calendar months.”’


Question put, and agreed to.


Motion, as amended, agreed to— Deputy de Valera dissenting.


Motion mado (Senator Douglas):


“That the Joint Committee recommends, if the foregoing recommendation of the Joint Committee with respect to Article 38 of the Constitution be accepted, that Article 47 of the Constitution be amended so as to remove from the Seanad the power to demand a refereudum save in the case of a Bill to amend the Constitution.”


Amendment proposed (Deputy de Valera):


“To delete the words ‘save in the case of a Bill to amend the Constitution.”’


Question put, and negatived— Deputy de Valera dissenting.


Main Question put, and agreed to —Deputy de Valera dissenting.


Motion made (Senator Douglas):


“That the Joint Committee recommends that Article 39 of the Constitution be amended to provide that a Bill initiated in and passed by the Seanad which has been amended by the Dáil shall for the passage of the Bill into law be in the same position as if the Bill had been initiated in the Dáil and shall accordingly be subject to the provisions set out in the recommendation of the Joint Committee with reference to Article 38 of the Constitution.”


Question put, and agreed to.


Motion made (Senator Douglas):


“That the Joint Committee recommends the deletion of the words ‘If rejected by Dáil Eireann it shall not be introduced again in the same session, but Dáil Eireann may reconsider it on its own motion’ being the last sentence of Article 39 of the Constitution.”


Question put, and agreed to.


Motion made (Senator Douglas):


“That the Joint Committee recommends that Article 35 of the Constitution be amended to the effect that if within seven days after any Bill has been certified by the Chairman of the Dáil to be a Money Bill or after a Bill so certified has been passed by the Dáil, whichever shall last happen, two-fifths of the members of either House by notice in writing addressed to the Chairman of the House of which they are members so require, or a majority of the members of the Seanad present and voting at a sitting of the Seanad at which not less than thirty members are present so resolve, the question whether the Bill is or is not a Money Bill shall be referred to a Committee of Privileges consisting of three members elected by each House with a Chairman who shall be the senior judge of the Supreme Court able and willing to act, and who, in the case of an equality of votes, but not otherwise, shall be entitled to vote. The decision of the Committee on the question shall be final and conclusive.”


Question put, and agreed to.


Motion made (Senator Douglas):


“That the present disqualification of members of the Seanad for membership of the Executive Council be removed.”


Question put; the Joint Committee divided; For, 5; Against, 2.


For: Cathaoirleach of the Seanad; Deputy Tierney; Senators Bennett, Douglas and O’Farrell.


Against: Deputies de Valera and Morrissey.


4. The Joint Committee adjourned at 1.5 until 11 a.m. Wednesday next.