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Dáil Éireann debate -
Thursday, 25 Jun 1931

Vol. 39 No. 8

Private Notice Question.

Deputy de Valera for a Private Notice Question.

I want to point out that this is not the question that I handed in, but only part of the question which I wish to have answered.

The Deputy submitted a question and this is the form of the question approved of by the Ceann Comhairle.

I did not submit this question. I submitted a different question.

The Deputy's position is that he can only ask the question in the form approved of by the Ceann Comhairle under the Standing Orders.

The Ceann Comhairle cannot put me in the position of asking a question which I do not want to ask.

The Ceann Comhairle has no such desire. The Deputy need not ask the question. The Standing Orders on this matter are quite clear. We have had this matter before on several occasions. The Standing Orders apply to questions to be asked whether by private notice or otherwise. The Deputy said he would ask this question.

I said I would ask another question.

Then the question is not settled at all and it cannot be asked.

I gave no permission to have this question put down in my name as it stands.

Then the Deputy is not satisfied with the form of question and he cannot ask it.

I am not satisfied.

Let us have this point clearly settled. The position is that questions must be approved by the Chair. A Deputy gets an opportunity of seeing whether he can arrange with the Ceann Comhairle as to the form of the question he wants to ask. If he can, then he asks the question; if he cannot, then the question cannot be asked.

I can say——

The Deputy is not satisfied with the form of the question. It is not his question. Therefore, until such time as we can arrive at a position when he is satisfied with the form of the question he cannot ask it.

I can at least save myself from having to put a question that misrepresents my views.

I say that the Ceann Comhairle, or anybody else, has no right to put down a question which misrepresents my views.

I have not put down any question.

This question has been put down in my name.

No. The Deputy came into the Dáil last night and asked a question without any notice at all. This is Standing Order 28:

Questions must be in writing, and must reach the Clerk not later than 4 o'clock p.m. on the second day preceding that on which they are to be asked, but no question shall be handed in on a Saturday, Sunday or public holiday: Provided that Questions relating to matters of urgent public importance may, by permission of the Ceann Comhairle, be asked on private notice to a Minister.

"May, by permission of the Ceann Comhairle, be asked on private notice to a Minister." The Deputy asked a question last night purporting to be a question of urgent public importance, without the permission of the Ceann Comhairle. He had not asked for any permission. The Leas-Cheann Comhairle was in the Chair and informed him of the position. Standing Order 29 says:

Questions addressed to a Minister must relate to public affairs connected with his Department, or to matters of administration for which he is officially responsible.

Then Standing Order 30 states:

The Ceann Comhairle shall examine every Question in order to insure that its purpose is to elicit information upon or to elucidate matters of fact or of policy, that it is as brief as possible, that it contains no argument or personal imputation. The Ceann Comhairle, or the Clerk under his authority, may amend any Question, after consultation with the Deputy responsible for the Question, to secure its compliance with Standing Orders.

The position, therefore, is that when a Deputy sends in a question in a form which is not approved of, it is not put upon the Paper until we get his consent, if it is feasible to get his consent, to the approved form either personally or by proxy. In the case of a Private Notice Question, the position is the same. If the form is not agreed upon, the question cannot be asked. There is no such thing as putting the Deputy in a position that he must ask a question of which he does not approve.

What were the particular grounds of objection?

Obviously that is not a question which can be argued in the House. We had this point before. The Standing Orders simply give the Chair discretion. The purpose of a question must be "to elicit information upon or to elucidate matters of fact or of policy." The form is a matter for decision by the Chair. If every Deputy who disagrees with the Chair as to the form of a question could cite the terms of the original question, we would arrive at the conclusion that he can always put his original question. The Deputy is not satisfied. An amended form of question was shown to me at 3 o'clock to-day, but I had no time to consider it, and the Minister had no notice of it. Possibly that form, or some other form, might be suitable and could be put to-morrow. This is the form of question which I am prepared to accept. If the Deputy does not approve of it, he simply will have to leave the matter over until we can get another form which he will agree to.

Will I be given that opportunity to-morrow?

Arising out of your remarks, sir, with regard to the Standing Orders relative to the practice——

I am not prepared to take any more questions on the practice now. I will take a question on the matter if the Deputy gives me notice of it.

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