I move:—

Go n-ordóidh an Ceann Comhairle do Chléireach na Dála a rit a chur amach chun ball do thogha chun an fholúntais a thárla imeasc ballra na Dála so de bharr bháis Philib Mhic Chosgair, ball do Dháil-cheanntar Bhuirge Bhaile Atha Cliath Theas.

That the Ceann Comhairle direct the Clerk of the Dáil to issue his Writ for the election of a member to fill the vacancy which has occurred in the membership of the present Dáil, consequent on the death of Deputy Philip Cosgrave, a Member for the Borough Constituency of Dublin South.

I beg to second the motion.

I move as an amendment to add after the word "South" the following words:—

"And that the Ceann Comhairle direct the Clerk of the Dáil to issue his Writ for the election of a member to fill the vacancy which has occurred in the membership of the present Dáil, consequent on the death of Deputy Michael Derham, a Member for the Constituency of the administrative County of Dublin."

It seems to me to be an unnecessary trial of the patience of the Dáil to have two separate Motions, and, also, additional expense of printing on matters of this kind, when they could be disposed of at once without any further delay.

I beg to second the amendment.

This is a matter which I take it will sooner or later have to be decided. The practice in another place is in the case of a vacancy for a member of the Party to which the deceased or resigned member belonged, to move the Motion for a new Writ. Now, whatever rights or privileges there are in another place in regard to what we would call the right of the Party to which the resigned or deceased member belonged, I think that right is much greater in a country where the system of election is conducted under Proportional Representation. My view of Proportional Representation is that if a member, say, of Deputy Johnson's Party resigns, then, in all fairness, there should not be opposition for the return of a member who would represent views similar to those held by the late occupant of that position. That view may not be shared by my friends. I do not know whether it is or not; I do not know whether Deputy Johnson shares it or not.

Certainly not.

Well, I think that if you are to work on the principles of Proportional Representation that is the real essence of it. It is unfair, in my view, when the whole country returns a certain organisation of representatives that that organisation of representatives is upset, as it must necessarily be upset, where a single election takes place. It would certainly be to the advantage of my Party, or the Party to which I belong, that we should have the right to contest every vacancy that occurs. In that case it would be open to any member of the Dáil when a vacancy occurred to move for an election, although it might not be for the convenience or might not suit the Party to which the deceased member, or resigned member, belonged. Therefore, I do not think that this particular method of dealing with these two vacancies should be taken from the Party to which deceased did belong, at any rate. I suppose that will not be objected to. I find myself constrained to vote against the amendment.

As a matter of constitutional practice in other places the practice is such as has been stated by the President, subject to one condition, and that is that the motion for the new Writ should not be unreasonably delayed, and unreasonable delay, if my memory serves me right, is held to be one month from the creation of the vacancy. In this case we have delayed considerably more than a month. I am afraid if we were to take it on the ground of strict constitutional practice I should be compelled to vote for Deputy Johnson's amendment, but there is great force in the President's argument which will add enormous comfort and solace to my death-bed.

On a point of order, I would like a direction from you as to whether the effect of that division is that the Dáil decides that the Ceann Comhairle shall not direct the Clerk of the Dáil to issue the writ for Co. Dublin.

I do not think it has any such effect.

There is just this possibility, that the Writ may not be moved for Co. Dublin on Friday on account of the action of Mr. Johnson.