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Dáil Éireann debate -
Wednesday, 19 Mar 1986

Vol. 364 No. 10

Order of Business.

It is proposed to take Nos. 19, 20, 4 and 21. Private Members' Business shall be No. 97 shall be the proceedings on No. 97 shall be brought to a conclusion not later than 8.30 p.m. today. Also by agreement, the Dáil shall sit later than 9 p.m. today and not later than 11 p.m. and business shall be interrupted at 10.30 p.m. Also by agreement, the sitting shall not be suspended at 1.30 p.m. today. Also by agreement, the proceeding on the remaining Stages of No. 19 shall be brought to a conclusion not later than 6 p.m. today by one question which shall be put from the Chair and which shall, in relation to amendments, include only amendments set down by the Minister for Social Welfare. Also by agreement, the proceedings on the remaining Stages of No. 20 shall be brought to a conclusion not later than 10.30 p.m. today by one question which shall be put from the Chair and which shall, in relation to amendments, include only amendments set down by the Minister for Communications.

Are the arrangements for Private Members' Business and for the taking of item No. 97 agreed?

Are the arrangements for the late sitting agreed and is it agreed that there will be no suspension of the sitting today?

Are the arrangements to take No. 19 and No. 20 agreed?

I am anxious to raise the matter of some questions which I addressed to the Taoiseach today which have been ruled out of order. I wish to ask if there is any way in which you can help me in my difficulty. I think you will agree that it is the duty of an Opposition to question the Government, particularly the Taoiseach, on matters of current political importance. In recent times the Secretary of State for Northern Ireland has made a number of very significant statements and I had sought to raise these matters in the House by way of question to the Taoiseach. Two of my questions have been transferred to the Minister for Foreign Affairs and will not come up for answer for four or five weeks. I object to that transfer but I realise that, as you have stated on a number of occassions, you are not responsible for transfer and I accept that. I just protest to the Government against what I see as a mechanism for postponing the discussion on important matters in the House.

I want specifically to ask about the question I addressed to the Taoiseach which you ruled out of order on the basis that it contained argument. I do not think it does contain argument. Certainly it does not contain argument by me because it simply asks if the Taoiseach accepts something. Whatever argument there may be in the question — and I do not think there is any — it is not argument by me. Therefore, I cannot see how my question could have been ruled out. If, Sir, you ruled out my question on the basis of argument, I would direct your attention to Question No. 10.

We cannot have an argument.

Question No. 10 which is put down by Deputy Skelly, and correctly so, specifically contains an argument.

Deputy Haughey submitted three question in all. Two of those questions were allowed as in order and they were transferred in the usual, customary way when transfers take place. My office was notified that they had been transfered to other Ministers and I so informed Deputy Haughey's office immediately that information came through. Regarding the question which was ruled out of order, I am satisfied, having considered the matter very carefully and not after Deputy Haughey got in touch with me but before I ruled it out of order, that the question was clearly out of order under Standing Order 33. I do not profess to be infallible but somebody must decide these things and that responsibility lies on me for the time being. I so ruled and I am satisfied beyond doubt that my ruling is correct. Deputy Haughey asks how he may raise a matter like this. Naturally I will not discuss that in the House but I know that I and my officials will be helpful, as we always are, in advising Deputy Haughey or any other Deputy if there is a way out of the difficulty which they have.

I hope you will appreciate that there is a difficulty. I would ask you to understand that there is a responsibility on the Government but there is also a responsibility on this side of the House. Our electors expect us on this side to raise matters of current political significance and importance. That is our duty. I do not think parliamentary democracy can function unless the Opposition have ready opportunity to raise matters of significance and urgent importance. My question was, "To ask the Taoiseach if he accepts that it is now official Government policy that there will never be a united Ireland since the Anglo-Irish Agreement is, in the view of the British Government, a bulwark against a United Ireland". I simply asked if the Taoiseach accepts that, and I cannot understand how you attribute an argumentative content——

We are now getting into argument about my ruling, and if we were to have an argument about every ruling I make in the House the time of the House would be almost entirely taken up with arguments about me and my rulings. That would not be acceptable.

I accept that, but I am at a loss, and I appeal to you again to look at my question and then look at, for instance, Question No. 10, which I have picked at random. It is a question by Deputy Skelly, and is:

To ask the Minister for the Environment if he will make a special amenity area order for the Liffey Valley due to its outstanding natural beauty, its special recreation value and the encroachment of the dump.

Deputy Skelly is quite rightly arguing that a special amenity order should be made because of certain matters.

I regret that I cannot go into argument about my ruling — that, in effect, is what that would be. I would get into an intolerable position.

I accept that and I express my appreciation of your listening to my argument, which I do not intend to pursue further, except to draw your attention to the fact that your ruling, may be justified by precedent, maybe not, places this side of the House under very serious inhibitions in pursuing our proper and appropriate parliamentary duties. If the question had been allowed during supplementary questions I might have entered into arguments with the Taoiseach, and I do not think that would be entirely detrimental as far as the House is concerned. This question is gone now, but for future reference I wish to submit that the question in its terms certainly is not argumentative or intended to be so.

I do not rule on something that might happen by way of supplementaries. I ruled on the question as it appeared before me. If Deputy Haughey or any other Deputies in the House find themselves in difficulty, such as Deputy Haughey is now — and as Deputy Haughey has said, it has been trotted out in the newspapers in the last 20 years that things cannot be raised on the day when they are hot — something should be done about Standing Orders, which should be changed.

Hear, hear.

Hear, hear.

If that is done I will operate those Standing Orders.

He would prefer to do it his way so as to get an easy headline.

Deputy Kelly, please.

If Deputy Kelly has any point to make on the procedures of this House he could raise a point of order to make his point. I do not think it is very dignified for a Deputy of Deputy Kelly's standing in the House to be carrying on in this way.

Deputy Haughey without interruption.

I will make a final point——

(Interruptions.)

To some people outside the House these are matters of jest but to us on this side they are serious matters and we would like them dealt with as such. A Cheann Comhairle, are you still with us?

Changing the Standing Orders is one thing. I will not argue with you further on this matter but I find myself compelled to disagree with your interpretation of Standing Orders.

If I were to start making ad hoc decisions from the top of my head every day I would end up being expected to make decisions every day that would suit everybody. In other words, I would be surrendering my own position to the House.

I will make one more point which I had not intended to make but which you have compelled me to make. It is that I was only notified this morning, a week after I had put the question down, that it would not be allowed.

We had a long bank holiday intervening. The question was ruled on yesterday.

I wish to raise on the Adjournment the serious damage to religious statues in Counties Cork and Dublin recently by a small group of individuals who have publicly declared that they will continue with this throughout the country.

I will communicate with the Deputy.

I wish to ask the Tánaiste if the Government would consider the possibility of giving Government time for a full day debate on the EC, having regard to the many crises that exist there at present, particularly the financial crisis and the very grave threat to the existence of the EC with the German Government's adamance in regard to the——

I have been pointing out for the past weeks that this does not arise in this way. Would you take it up with the Whips, please?

I wish to raise on the Adjournment the potential for export orders of the GAC Company in Shannon as reported in the newspapers, particularly exports to Britain, and the possibility of dealing with this now that a liquidator has been appointed.

Can the Tánaiste tell me what is the fate of the proposed legislation on the Special Development Bill, which was announced on the first day of the autumn session? I was told then it would be ready before Christmas but when I raised it on the first day after Christmas I was told it would be ready before Easter. This is the last week of this session and I should like to know if there is any proposal to bring in this Bill.

I am aware that legislation is being drafted but I cannot tell the Deputy if it will be ready before we adjourn on Friday afternoon. I will communicate with him during the day.

(Limerick West): When can we expect legislation for the control of dogs?

The Deputy is barking up the wrong tree.

I am glad to inform the Deputy that we will have legislation on the control of dogs during the next session.

I wish to raise on the Adjournment the subject matter of Question No. 33 on today's Order Paper.

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