It is proposed to take business in the following order: Nos. 1, 2, 3, 28 and 6. It is proposed to interrupt business between 1 p.m. and 2.30 p.m. to take No. 6. Questions at 2.30 p.m
Order of Business.
On a point of order, in accordance with Standing Order No. 31, I addressed Question No. 8 on today's Order Paper to the Taoiseach, he being the person who has official responsibility for indicating the extent of our territorial waters. In accordance with Standing Order No. 31 I addressed Questions 11, 12, 13 and 15, and I understand Deputy Byrne addressed Question No. 14, to the Minister for Defence, he being the person who has responsibility for those affairs in his Department as they are matters of administration for which the Minister for Defence is responsible.
These questions have been altered without any prior consultation with me, in accordance with the provisions of Standing Order No. 32. Therefore, they are irregularly set out in the Order Paper; they are addressed to a Minister who has no official responsibility in the matter and I respectfully ask, Sir, that you would have the Order Paper amended and the questions addressed to the appropriate Minister and the Taoiseach before Question Time today.
The position is that since the Government have collective authority, questions can be transferred to the various Ministries and there is nothing the Chair can do about it.
With respect, Sir, Standing Order No. 32 provides that alterations to questions may be made only after consultation with the Member responsible for the question. This consultation has not taken place and if there has been irregularity on the part of Ministers or officials in their Departments it cannot be allowed to thwart the rights of Members of this House or their duty to address questions to the Ministers responsible. The Minister for Foreign Affairs has no responsibility in his own Department for the deployment of the defence force of this State.
The Deputy mentioned the amendment of questions. This is a matter for the Chair and it did not arise in this instance. The Deputy is referring to questions being transferred to other Ministeries.
With respect, this is no answer to my submission. It is an alteration in a question—one that goes very much to the root of the question—if it is transferred from a Minister who has responsibility for the matter to a Minister who has not responsibility. There is a clear and specific obligation under Standing Orders to consult with the Member who tables a question addressed to a particular Minister. It is irregular to have on the Order Paper for answer by a Minister who has no responsibility for the matter a question which is the statutory responsibility of other Ministers.
It is clear that there has not been any amendment of questions put down by Deputy Ryan. It is long-standing practice and has obtained in this House for years that questions can be, and are transferred to other Ministers.
Long-standing practice cannot make good a bad practice or make regular a matter that is highly irregular. I do not accept that the questions are properly on the Order Paper and I would ask you, Sir, to give me an undertaking that you will consider the matter between now and Question Time today.
I do not agree with the Deputy that it is bad practice. However, if he objects he can withdraw the questions.
That is no remedy and that with due respect to the Chair, is a suggestion by the Chair that Members would not discharge what they consider to be their obligation. The Chair has a clear obligation to facilitate Members in the discharge of what they consider to be their obligation and in accordance with Standing Orders.
The Chair has no responsibility in the matter referred to by the Deputy.
I submit that the Chair has a clear responsibility and I will not accept this as an adequate discharge by the Chair of its functions.