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Dáil Éireann debate -
Thursday, 9 Dec 1971

Vol. 257 No. 8

Suspension of Member.

A Cheann Comhairle, I gave notice——

I shall not hear the Deputy: I shall hear the Leas-Cheann Comhairle.

I am informed that you disallowed my Private Notice Question——

Would the Deputy please resume his seat? The Deputy is most disorderly.

I am going to put my point of view and the point of view——

In view of the Deputy's attitude, I am naming Deputy Cott—I beg your pardon, Deputy Fox.

(Interruptions.)

I move:

That Deputy Fox be suspended from the service of the Dáil.

I am putting the question:

"That Deputy Fox be suspended from the service of the Dáil."

Question declared carried.

Deputy Fox will please leave the House.

(Interruptions.)

The Taoiseach did not stand up to move the motion——

The Taoiseach moved the motion.

How is it that on the previous occasion the Ceann Comhairle adjourned the House?

(Interruptions.)

The Ceann Comhairle can name me if it suits him——

Will the Captain please escort Deputy Fox from the Chamber?

I have no intention of leaving the House——

Surely the Captain cannot be called to remove the Deputy unless there is a Vote of the House?

I put the question.

(Interruptions.)

I want to know who informed the Ceann Comhairle that this incident took place in the North of Ireland because there is the photograph in the Irish Press showing where the CS gas emerged from.

The Dáil is adjourned until 5 p.m.

Business suspended at 4.40 and resumed at 5 p.m.

Private Notice Question. Deputy Clinton.

On a point of order, with regard to the incident which led to adjournment of the House, would the Leas-Cheann Comhairle please inform the House who named Deputy Fox?

On a point of order, may I point out that the Taoiseach was not in order in naming Deputy Fox as he did not move——

The Taoiseach moved the suspension——

That is not in accordance with Standing Orders. Standing Order No. 37 states that a Member desiring to speak shall rise in his place. At no time did the Taoiseach rise in his place.

On a point of order, surely if a Member is being suspended it should be done by a vote of the House? I understand the position now is that Deputy Fox is being physically stopped from coming into the House, although no vote was taken.

The motion was put and it was carried. It was not dissented from. I have called Deputy Clinton.

There is a matter of some importance involved here. I observed that Deputy Fox, wishing to enter this House, was restrained by uniformed members of the force in this House. The ordinary procedure here for the naming of a Deputy is for the Taoiseach, who takes the responsibility for the member of the House concerned, to stand up and do so. This is of the utmost importance to the control of procedure in this House because sometimes it may happen that a Member of the Government alleged to have named a Deputy does so sotto voce so that he is not appearing to do anything and appears to be sitting idly by. In the circumstances this is precisely what happened.

I have called Deputy Clinton.

On a point of order, is the Taoiseach entitled to attack a Deputy——

Order. Will Deputy L'Estrange please resume his seat?

Is the Chair aware that the Taoiseach attacked Deputy Fox in the corridor——

The Chair is not so aware. Will the Deputy please resume his seat.

Is the Taoiseach entitled to attack a Deputy leaving this House?

I attacked no Deputy.

The Taoiseach did attack a Deputy. He roared at him outside——

I said you were all getting on the band wagon and that is so.

I raised a point of order as to whether a Member can move a motion while remaining in his seat.

The Taoiseach moved.

He did not. The Taoiseach did not move from his seat. He did not stand up to name Deputy Fox.

On a point of order, Standing Order No. 37 states that a Member desiring to speak shall rise in his place——

We are not going back on a decision taken.

I am asking the Chair to rule on whether the motion to suspend Deputy Fox was properly moved in accordance with Standing Orders.

I am not going back on any decision taken by the Ceann Comhairle. So far as the Ceann Comhairle is concerned, his decision has been taken and I am now calling on Deputy Clinton.

The Taoiseach said that the Leas-Cheann Comhairle had named Deputy Fox.

The Taoiseach said that the Leas-Cheann Comhairle named him.

(Interruptions.)

The Taoiseach moved the suspension. Would Deputy L'Estrange please resume his seat.

We want to know the truth. The Taoiseach a few minutes ago said the Leas-Cheann Comhairle named Deputy Fox, that he did not. Does the Taoiseach deny that he said that coming in?

There you are. The Taoiseach admits he said you named Deputy Fox. The Ceann Comhairle said he named him. Who named him?

(Interruptions.)

I have already asked Deputy L'Estrange to resume his seat.

Why is it necessary for all of you to proclaim your nationalism now?

Because we are not selling out this country to England or to anyone else as Fianna Fáil are doing. Fianna Fáil are selling out to Health and Faulkner. We do not stand for what the IRA are doing. We stand by this country and we stand for the good of this country.

(Interruptions.)

Order, order. Would Deputy L'Estrange please resume his seat. I have called on Deputy Clinton.

On a point of order, who named Deputy Fox?

The Chair named him, the Taoiseach moved his suspension.

The Taoiseach said it was you.

The Taoiseach never got up to do it. Not only is he standing idly by, he is sitting——

On a point of order, it was said a few moments ago that the Ceann Comhairle had given a ruling and that you did not intend to reopen the matter. Are we to take this to mean that there is no way, if the Leas-Cheann Comhairle does something that is not in accordance with Standing Orders, that the matter can be raised?

There is a method of dealing with either the Ceann Comhairle or the Leas-Cheann Comhairle, and the Deputy is aware of that.

That is a vote of censure motion that would remain on the Order Paper for a long time.

Is the Chair giving us to understand that, apart from the method he has indicated, there is no other mechanism by which an action that is judged to be incorrect by a large number of Deputies who have not an axe to grind in this matter, is incapable of——

The Deputy will appreciate that the matter has been decided and it cannot be reopened in this fashion.

Is it not a fact that the matter can only be decided if it is correctly put, and that you have been unable to indicate that the Taoiseach complied with Standing Orders when he put the matter? Is it not clear that the naming of Deputy Fox was not in order and that if you, sir, continue to uphold this action, you will be in violation of the Rules of the House?

I have called Deputy Clinton.

Is it your intention not to answer the points I have raised?

Deputies

Chair, Chair.

I would ask the Chair to answer my questions.

I have told the Deputy that the matter was decided and it cannot be reopened now.

Are you ruling that the Taoiseach was in order?

The Ceann Comhairle named the Deputy and the Taoiseach moved his suspension.

From a sitting position.

Can the Chair state that this is in conformity with the Standing Order which has been read out?

I have called Deputy Clinton.

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