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Dáil

First Amendment of the Constitution Bill, 1939—Committee and Final Stages.

Bill First Amendment of the Constitution Bill, 1939
Enacted

No. 27 of 1939 ›

On that question, I would like to get one assurance from the Taoiseach. Everyone will concede that, if Britain is at war, a state of national emergency must exist here, but I should like the Taoiseach to say definitely that a state of war, let us say, for instance as between China and Japan, will not be used by a majority Party in this House and in the Seanad to create here conditions of emergency entitling the Government to do the emergency things they would be entitled to do under this legislation.

Comment on this

Certainly, as far as this Government is concerned, we give that assurance. The trouble is this, that when this amendment is passed if you had an unscrupulous majority, both in the Dáil and in the Seanad, it could, by pretending to have an emergency and by pretending to submit to the rules of law and Constitution, do that.

Comment on this

You have had a two years' test.

Comment on this

This Bill, presumably, now goes to the Seanad and is then going to be presented to the President for signature. Is there not an Article of the Constitution which deals with a time limit?

Comment on this

A resolution will have to be passed in the Seanad to meet that.

Comment on this

That a shorter time is necessary?

Comment on this

Yes.

The Dáil adjourned at 4.5 p.m. and resumed at 6 p.m.

Comment on this