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Dáil Éireann debate -
Wednesday, 8 May 1985

Vol. 358 No. 2

Adjournment of Dáil: Standing Order 30.

That does not arise on the Order of Business. Deputy De Rossa has given notice that he wishes to raise a matter under Standing Order No. 30.

As a result of my inability to get the Government to allow time to discuss the regulations under the Supplementary Welfare Act dealing with the eligibility of unemployed people to fuel vouchers, I am seeking under Standing Order No. 30 to have the House adjourned. I understand that under this order it is necessary for 12 Deputies of the House to support it. I assume there will be at least 12 out of the 166 Deputies here who will support this, that is, if the Chair found it to be in order.

Thank you Deputy and thank you for giving me notice of this. I have considered the Deputy's application and I am satisfied that the matter the Deputy wishes to raise is not contemplated by Standing Order No. 30. Even if it were, I am advised that the statutory period of 21 sitting days has expired and I would not allow it anyway.

I appreciate that the Chair's word is law in the House, certainly in certain circumstances.

Except where a couple of Ministers are concerned.

That is an insulting, degrading remark and is unworthy of the Deputy.

The Chair permitted a breach of order by a Minister.

I did not permit a breach of anything and the Deputy knows that.

Leave it to him. The Chair is only making it worse by answering him back.

(Interruptions.)

It is disgraceful that the House has been unable to discuss regulations made by the Minister for Health which affect tens of thousands of unemployed persons.

I have replied to the Deputy's application. If he wants to discuss the matter further he can come to my office.

If the rules of the House are to be applied to us as tightly as this, then I have no option but to see what way I can apply the rules of the House to the Government side.

On a point of order, there is a conflict between Standing Orders and the statutory rights of Deputies. It is our statutory right to put a motion that the Minister's order be disallowed. Under Standing Orders we are being deprived of that statutory right. This regulation was brought in through the back door to overcome a court decision. I put it to the Chair that Standing Orders are depriving Deputies of their legal, constitutional and statutory rights and that therefore the overcoming of the court decision can be challenged if the Minister is doing it in this way with the assistance of Standing Orders.

I am bound by Standing Orders as long as they are there. If it is sought to change Standing Orders there is a procedure for so doing and that should be followed by those who wish to change them.

Standing Orders should not be such as to deprive Deputies of their legal statutory entitlements, particularly in relation to a regulation such as this which is not legislation.

The document the Deputy wants to deal with has been before the Dáil and on the Order Paper since February.

(Dún Laoghaire): This is not the first time The Workers' Party have used the tactic of announcing to the press that they are opposing something by putting in a Private Members motion knowing that it will never be taken and then trying to make out the Government as the bad boys.

I cannot allow this to continue.

(Dún Laoghaire): This is only a con trick.

I am not allowing the Deputy to continue.

(Interruptions.)

(Dún Laoghaire): The Deputy never came to me and asked for time.

That is not true.

There is nothing new about this. It has been going on since 1929. I am calling Item No. 10.

(Interruptions.)

In 1979 Deputy Garret FitzGerald got Government time to move a motion to rescind a Fianna Fáil Government regulation.

The Deputy is out of order.

(Dún Laoghaire): That is not true. Check the record.

Please leave this to me, Minister. Item No. 10.

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