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Dáil Éireann debate -
Tuesday, 3 Jun 1958

Vol. 168 No. 8

Return to Writ—Galway South. - Dublin South (Central) By-Election Writ.

The following motion appeared on the Order Paper in the names of Deputy Dr. Browne and Deputy McQuillan:—
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 resignation by Deputy John Murphy of his seat as a member for the Borough Constituency of Dublin South (Central).

I presume the motion falls?

This motion is one under Standing Order 134 which requires four days' notice. This notice has been given and the mover of the motion may proceed to move it now. If he does not wish to move it for the present it is open to any member of the House to add his name to it and move it.

Under Standing Order 42 a motion which has not been moved lapses. I merely wish the House to be aware that, as the motion has not been moved it is the intention of the Government Whips to move a similar motion forthwith.

At any time?

As soon as possible. I think the House should be aware of the fact.

A motion of this nature is not treated as lapsing, as no date is fixed for it. Any member of the House may support it and move it.

That might not be a procedure which would commend itself to members of the House. I take it that the House would agree that the business of filling a casual vacancy should not be stopped by reason of the fact that Deputies put down a motion to move the writ and do not move it. Therefore, a motion to move for the issue of the writ will be made in the most expeditious manner by the Government Whips.

The motion does not lapse because the proposer does not move it on a particular day that the Government purports to nominate for it. If a member of the House wants it moved, he can secure this by adding his name to the motion. I cannot understand why the Minister says that that may not commend itself to the members of the House.

I take it no member is stopped from putting down a motion?

It would, no doubt, be the same motion.

Would you mind clearing up one matter, Sir? Does this motion now disappear from the Order Paper, unless a similar motion is introduced by some other Deputy?

Perhaps the Ceann Comhairle would refer to Standing Order No. 42?

Will this motion be on the Order Paper which Deputies will receive to-morrow, or will it have evaporated in the meantime?

This is a special type of formal motion at the commencement of public business. If not moved, it has never been treated as lapsing. There are plenty of precedents where a motion at the commencement of public business remains on the Order Paper until it is moved.

The motion is ordered for to-day.

It is as public business that it may be moved, not as Government business which has been ordered.

The Government has the right to determine the Order of Business.

The Tánaiste indicates the Government business to be taken. This is public business which may be moved outside business as indicated by the Government.

The Government has the right to order the public business. I suggest that, under the terms of the Standing Order, the motion lapses and it is open to any other Deputy to move a similar motion.

It is open to any other Deputy to take over the existing motion by putting his name to it. This motion is not a motion which comes under the term of Government business. It should really have been dealt with before Government business was indicated.

I suggest it would be a preposterous situation if two Deputies, by putting down a motion of this kind in the Order Paper and not moving it, could prevent a casual vacancy from being filled. I believe that it is a ridiculous situation which none of us would tolerate.

To keep matters in order, I move.

The Deputy has no permission.

The Deputy must give notice unless he has permission from the two Deputies whose names appear on the Order Paper.

I wanted to find out whether or not we could carry out your ruling.

I say that any Deputy can move by putting his name to the motion on the Order Paper.

I give notice that I shall do that to-morrow. Will that do?

The matter will be taken to-morrow. So far as the Government is concerned, it desires to have this motion submitted and passed by the Dáil as quickly as possible.

Sir, I should like to draw your attention to the fact that the National Democrats are not so very progressive after all.

The Deputy should know.

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