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Dáil Éireann debate -
Tuesday, 5 Mar 1974

Vol. 270 No. 12

Privilege of House : Statement by Ceann Comhairle.

Before the Order of Business is taken, may I say that on Tuesday last 26th February the Leader of the Opposition raised the question as to whether there had been a breach of privilege by the publication in the newspapers of the apparent content of proposed legislation which had not yet been made known to the House. The Chair promised to investigate the matter.

As far as I have been able to ascertain, the only information on the proposed Bill which was issued officially was the following statement which was released by the Government Information Services on Monday, 25th February:

The Minister for Labour, Mr. Michael O'Leary, T.D., will tomorrow seek leave to introduce the Anti-Discrimination (Pay) Bill, 1974, in the Dáil. This will provide for equal pay for work of equal value in Ireland from the 31st December, 1975 at the latest.

In accordance with normal practice, an advance copy of the Bill was received in the Bills Office on Friday 22nd February to facilities early printing and circulation after introduction but I am satisfied that no information was released by the Office of the Houses of the Oireachtas. I am not in a position to say how the additional information became available to newspapers.

Advance information on legislation to be introduced in the House has been disclosed in the past. The practice has, however, never been challenged as constituting a breach of privilege. In this connection it may be mentioned that the power given to the House under the Constitution to protect its official documents has so far been interpreted only as preventing the premature disclosure of reports of Parliamentary Committees and this rule was formally adopted by the House on 28th October, 1953, following a report of the Committee on Procedure and Privileges. In the circumstances I could not regard the case now raised as involving a prima facie breach of privilege.

I thank you, a Cheann Comhairle, for your prompt inquiry into this matter. I accept entirely that no officials of the House were in any way responsible for releasing information in advance of its disclosure here in the Dáil, which is the proper place in which to give such information. You did say you did not know what other means of disclosure there were; there obviously were other means. We will leave it at that.

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