I move that the Dáil agree with the Committee.
DAIL RESUMES. - DISAGREEMENT WITH AMENDMENT REPORTED.
Question put and agree to.
I wonder what the Dáil thinks of my suggestion, especially in view of the fact that I am one of those Ministers directly responsible to the Dáil, that they should draft and assign their reason for rejecting the amendment from the Seanad. I think it would be a good thing to have it stated in order to satisfy the Seanad and get them not to press the amendment but allow the Bill to become law at once. I suggest a representative of the Labour Party, of the Farmers' Party, and of the Independents, as well as the Attorney-General and myself, be appointed to draft a reason.
If such a Committee were appointed, would it be possible for another Committee of those who disagree to meet and present a contrary conclusion?
I think the procedure is a good one. The Seanad should be dealt with respectfully, at least, in a matter of this kind, and I think a formal report from the Dáil should go to the Seanad giving the reasons for disagreeing with the amendment. I do not know if reasons can be formulated that would satisfy the majority, but I take it, it is the majority of the Dáil whose opinion will be formulated and not that of, the minority. I support the motion.
The Minister had better send in his proposals in writing, mentioning the names of the Committee.
Surely a motion of this kind should require notice. If we are going to have a motion when a great many of the Deputies are absent, it should be on the Order Paper.
In a sense, I think this is not on a par with an ordinary motion, this would be considered the obvious procedure.
I agree with Deputy Figgis, but may I suggest, in order to avoid friction, owing to the present attendance, that the Selection Committee.
I am quite agreeable.
All parties are represented on the Selection Committee.
I think it would be necessary that the Attorney-General should be a member of the Committee; also myself, as Minister in charge of the Bill.
resumed the Chair at this stage.
The suggestion is that a Committee of five be appointed by the Selection Committee, and I have suggested that the Attorney-General and myself should be included for the purpose of drafting a reason for disagreeing with the Seanad's amendment.
Might I suggest that if such a Committee be appointed, it should be a Committee of five to meet with the Attorney-General and the Minister. That would meet the case.
There is no special provision in our Standing Orders for such a Committee, but in another place when a House disagrees with an amendment to a Bill sent down from another House, the procedure is that a Committee is appointed there and then—it is really only a formal matter—to draw up and send to the other House the reason. It need not be done unless there is substantial agreement on the reason. I hope Deputies are clear that it is not a Committee for the purpose of drawing up a reasoned statement for the Seanad, but merely to be responsible for a statement to be sent to the Seanad, consisting of one or two sentences—rather a formal matter—the point being that the Clerk who sends the message has no authority to send anything but a statement of what the Dáil had done. That is to say, the Clerk, when sending a message to the Seanad, would say: "Dáil Eireann has disagreed with this amendment." He has not authority to say: "For the following reason," unless some members of the Dáil are appointed who will say: "This is the message we suggest to send to the Seanad," and that it is agreed to. If Deputies are not clear about that particular procedure, it would be better to assign no reason, and let the Minister, when he goes to the Seanad, explain the reason. I wish to put it to the Dáil that it is not advisable that we should appoint a Committee to go into the matter and frame a statement. That is not the idea at all. I think that unless agreement is got here for a Committee formally to Make a statement it would be better simply to send the decision.
Very well, if that is the opinion of the Dáil, let a message be sent to the Seanad, that the Dáil disagrees with the amendment. I will give the reasons in a statement at the Seanad.
Ordered that message be sent to the Seanad accordingly.