A question which was put down by Deputy John O'Connell for answer on Wednesday, 19th January, concerning the application made by the Government against Britain to the European Commission on Human Rights was ruled out of order on the grounds that the matter was sub judice. A similar question put down by Deputy Flor Crowley was answered on 8th February. In the latter case the Ceann Comhairle's office had been wrongly advised that the matter was no longer sub judice. This error is regretted.
Personal Explanation by Minister.
Is the matter still sub judice or can I put a question down again about it? Will the same thing arise again?
I can assure the Deputy that the decision was taken in error and the Ceann Comhairle was misled by the advice he got from me.
From whom?
It is my responsibility.
Am I to understand that the Minister informed the Ceann Comhairle that this question would not be in order?
It is my responsibility that he was informed in one case that it was sub judice and in the other that it was not. It was an error without any motivation. It was mechanical.
There are all kinds of errors.
Does the Minister accept that a case which is going before the Commission on Human Rights could be termed sub judice within our meaning of the words?
It was thought that certain answers would not affect the position of the case being sub judice and I think this is where the error arose. I am discussing now how the decision was made in my Department. The content of the answer was thought not to affect the sub judice position of the case. That is why the decision was taken.