I have to move: "That the Dáil sit later than 8.30 p.m. to-night," in order to consider a matter of public urgency arising out of a decision of the High Courts to-day. I propose that at any convenient hour we should adjourn, either for tea or dinner, but it is essential that we should sit late in order to deal with this matter, which is of the first importance.
DAIL IN COMMITTEE. - MOTION FOR LATE SITTING.
Will the Minister tell us what this matter is?
The introduction of a Bill dealing with the Public Safety Act which has just been passed, and of which I will give notice later on. It appears that it is held that some Resolution should have accompanied the Bill which would bring it into immediate operation, and that is the particular function we intend to perform in passing this Bill tonight.
Is it within the Order that we should be called upon to sit late to deal with an entirely new matter, of which no notice has been given until now? Surely that is not the intention of the Orders?
The Order is: "A motion that Dáil Eireann shall sit later than 8.30 o'clock on any evening may be made without notice not later than 6.30 o'clock p.m. on the same evening." The Standing Order apparently simply contemplates sitting beyond 8.30 p.m. There is nothing in the Order about emergency or the nature of the business.
Surely that assumes that it is to deal with business, of which due notice has been given, so that Deputies who may not be present will understand that no new business, perhaps of an entirely foreign character, shall be brought forward. Surely it is stretching the rights of the President to ask us to sit late to deal with a matter of which no notice has yet been given. I submit that it is going entirely outside the spirit of the Standing Orders, whatever the latter may be.
There are times when it may be necessary to go outside the spirit of the Standing Orders, or the spirit of the law as it stands. No injustice is done to any Deputy who is within the ambit of the circulation of the ordinary newspapers, through the bringing forward of this motion this evening. This matter that I am going to deal with in the introduction of the Bill of which I will give notice later on, is in the newspapers. It is a matter of the first importance. It is known to every person who reads newspapers, or who sees placards and it will be evident when the business is brought forward that it is of such importance that it would be our duty to bring it forward.
It is possible, in special circumstances, and after a suspension of the Standing Orders, to consider a matter which is not on the Order Paper. Should it be necessary to sit late for the consideration of such a matter I take it that under this particular Standing Order a motion can be moved to sit later than 8.30. No restriction is set down in the Standing Order, and the matter which the President says he desires to take after 8.30 p.m. cannot be taken unless the President gets the leave of the Dáil to take it, in the requisite manner. From that point of view I think he is precluded from taking up new matter unless he fulfils the requirements of the Standing Orders, but he is not precluded from moving that we sit later than 8.30, because the matter on which he desires to speak is not a matter on the Order Paper. Otherwise, this Order would be a contradiction of another.
I would like to know for my own guidance if it would be necessary to indicate the particular business I intend to deal with. It is for bringing in a Bill which will ensure that the Public Safety Act which has been held by the Courts to be non-operative for seven days, shall become operative, and have the force of law directly this Act is passed. That is, having regard to the circumstances, I think, a subject of the first importance, and it is to bring under your notice the urgency of the matter that I move for permission to sit after 8.30 p.m., and, I think it will do during the course of the evening to ask for permission to bring in that Bill rather than to ask it now, a matter that must be decided before 6.30 p.m.
The motion must be made before 6.30 p.m.
On a point of order, not raising objections one way or another, but merely as a matter of procedure and order, arising less under the Standing Orders than the Constitution, I apprehend rightly the difficulty in which the President now finds himself I would like to enquire under Article 47 of the Constitution, which, I understand, is the matter that has created this difficulty, whether or not a resolution would not be sufficient? I have been studying this article of the Constitution, and I certainly believe a resolution will be sufficient.
I do not think that arises until we actually come to decide what the procedure will be. I think the matter which Deputy Figgis raised will arise later rather than now. Even for a motion of that kind it may be necessary to sit after 8.30, in which case a motion of this kind would be necessary.
We are in the middle of of a discussion on the Indemnity Bill, which is to validate acts done by the Executive in times of emergency, as they thought. I submit it would be very much more in keeping with the requirements of the case if they took any action that was necessary, bear the responsibility, and then come for an Act of Indemnity when there is time rather than come to the Dáil, and ask the Dáil to legislate, or ask them to pretend to legislate, simply to ratify an order the Minister has already made. I do not know what the Bill is, or what the necessity is, except in so far as the Minister has now said. I have not seen the newspapers, and I have not seen the placards, but I know from what the Minister has now stated, because the Ministry has made up their minds to have a rushed election, they are asking us to turn out Bills just as though out of an automatic machine, and they come along again almost on the last day of the Session and ask us to introduce and pass another Bill. I do not know how many more will be brought forward before the Dissolution. If this matter is of such urgent necessity that he must keep these prisoners in, do the thing yourself and then take the responsibility. Coming to the Legislature is only a pretence.
Question put.
The Dáil divided: Tá, 41; Níl, 12.
Tá
- Liam T Mac Cosgair.
- Gearóid O Suileabháin.
- Uáitéar Mac Cumhaill.
- Seán O Maolruaidh.
- Micheál O hAonghusa.
- Seán O hAodha.
- Séamus Breathnach.
- Pádraig Mag Ualghairg.
- Peadar Mac a' Bháird.
- Darghal Figes.
- Deasmhumhain Mac Gearailt.
- Seán O Ruanaidh.
- Micheal de Duram.
- Seán Mac Garaidh.
- Risteárd O Maolchatha.
- Pilib Mac Cosgair.
- Domhnall Mac Cárthaigh.
- Maolmhuire Mac Eochadha.
- Earnán Altun.
- Gearóid Mac Giobúin.
- Liam Thrift.
- Eoin Mac Néill.
- Liam Mag Aonghusa.
- Pádraic O Máille.
- Piaras Béaslaí
- Fionán O Loingsigh
- Séamus O Cruadhlaoich.
- Criostóir O Broin
- Caoimhghin O hUigín.
- Proinsias Bulfin
- Séamus O Dóláin.
- Liam O hAodha.
- Peadar O hAodha.
- Séamus O Murchadha.
- Liam Mac Sioghaird.
- Tomás O Domhnaill.
- Earnán de Blaghd.
- Uinseann de Faoite.
- Séamus de Burca.
- Micheál O Dubhghaill.
- Eamon O Dúg in
Níl
- Tomás de Nógla.
- Riobárd O Deaghaidh.
- Tomás Mac Eoin.
- Seoirse Ghabháin Uí Dhubhthaigh.
- Aodh O Cúlacháin.
- Séamus Eabhróid.
- Liam O Daimhín.
- Cathal O Seanáin.
- Domhnall O Muirgheasa.
- Risteárd Mac Fheorais.
- Domhnall O Ceallacháin.
- Liam O Briain.
Motion declared carried.