Dáil Éireann debate -
Tuesday, 17 May 1988

Vol. 380 No. 7

Request under Standing Order 30.

Mr. McCoy

A Cheann Comhairle, I have already given you notice in writing to move the following motion in my name:

That notwithstanding the practice of Dáil Éireann relating to matters which are sub judice Dáil Éireann be adjourned for the purpose of discussing a specific and important matter of public interest requiring urgent consideration being the irreparable damage being done to the tourist industry by the dispute relating to rod licences and the failure of the Government to take the necessary steps to resolve the dispute.

An Ceann Comhairle

Having considered the matter fully I do not consider that it is one contemplated by Standing Order 30 and I cannot, therefore, grant leave to move the motion.

Mr. D. O'Malley

How could you possibly come to the conclusion that it is not a matter of urgent public importance in view of the devastation that is now taking place in the tourism industry throughout the country and the inability of Members of the House to have the matter discussed here up to now?

An Ceann Comhairle

I have already refused Deputy Dick Spring permission to raise the matter of the rod licences and explained the application of the sub judice rule on 28 April last. I explained that matter fully, reference Official Report, Volume 379, No. 11, col. 2413 to 2415 and I have nothing further to add to what I stated on that occasion. I should add that this matter of the application of the sub judice rule is at present under consideration by the Committee on Procedure and Privileges which will meet again tomorrow to deal with that subject. I have nothing further to add and the Deputy may not persist.

Mr. D. O'Malley

On a point of order, may I inquire whether you are ruling this out by reason of the sub judice rule or as not meeting the requirements of Standing Order 30?

An Ceann Comhairle

I have explained my position fully. I have nothing further to add to it and the Deputy may not persist.

Mr. D. O'Malley

On a point of order, I would like to inquire whether you are ruling this out by reason of the sub judice rule or not meeting the requirements of Standing Order 30.

An Ceann Comhairle

I have explained my position fully and I have nothing further to add.

Mr. Spring

I would like, with your permission, to raise on the Adjournment the consequences for Shannon Airport of the Government's decision to allow transatlantic airlines to land at airports other than Shannon in this country as announced by the Minister for the Environment last evening.

An Ceann Comhairle

I will communicate with Deputy Spring in respect of that matter.

Mr. Dukes

For the sake of the completeness of the record I think the House should note that in relation to the matter raised by Deputy McCoy you have now ruled it out, once under the six month rule, once under the sub judice practice and now on the grounds that it is not of sufficient urgency. I have heard the triple knock out, a Cheann Comhairle, but I would ask you to reconsider the matter in view of the fact that this question is being discussed and rediscussed on RTE and in all of the media every day——

An Ceann Comhairle

I am frankly surprised——

Mr. Dukes

If you deliver the fourth knock-out it will be something of a record.

An Ceann Comhairle

Deputy Dukes I am frankly surprised and astonished at your intervention, especially when the House must be aware that the matter is at present with the Committee on Procedure and Privileges for deliberation and they meet tomorrow on that subject.

(Interruptions.)

An Ceann Comhairle

I shall have no further interjection about this matter.

(Interruptions.)

Mr. McDowell

Is it or is it not the case that this House is entitled to decide its own procedure and is it or is it not the case that this House is entitled in relation to any matter to decide whether the sub judice rule as enunciated by you should or should not have effect?

An Ceann Comhairle

Absolutely, this House is supreme in that regard.

Mr. McDowell

Is this House not entitled, therefore, to vote on Deputy McCoy's motion which is to vote on the issue notwithstanding its own rules in relation to sub judice——

An Ceann Comhairle

It is a motion that can be dealt with in the ordinary way.

Mr. McDowell

How are you, as Chairman of this House, in any position to say to this House that it cannot decide this matter as to its own rules or regulations?

An Ceann Comhairle

It cannot decide the matter now, Deputy.

Mr. McDowell

It can decide whenever it wants. It is a sovereign, independent, democratic, republican assembly and we can tell you to do whatever we want to do.

An Ceann Comhairle

The Deputy can put down a motion.

Mr. McDowell

There is a motion down and you are ignoring it.

(Interruptions.)

An Ceann Comhairle

The Deputy can put down a motion in Private Members' time. The Deputy said something about shame there.

Mr. McDowell

Yes, a Cheann Comhairle.

An Ceann Comhairle

The Deputy will withdraw the remark or leave the House. The Deputy will withdraw the reflection on the Chair or leave this House. I have explained the matter fully. If the Committee on Procedure and Privileges decides to do away with the sub judice rule or amend it in any shape or form it may bring the matter to this House and this House will decide upon it. This House is supreme in that regard.

Mr. McDowell

This House is not ruled by its committees.

An Ceann Comhairle

This House may decide the matter in due course.

Mr. D. O'Malley

How can the House decide it now——

An Ceann Comhairle

If the Deputy puts down a motion in Private Members' time, yes.

Mr. McDowell

It is down now before the House.

An Ceann Comhairle

It is not properly before the House now.

Mr. Molloy

On the question of the sub judice ruling, may I inquire——

An Ceann Comhairle

I have nothing more to add about it. I have explained the matter fully to the House.

Mr. Molloy

I have not asked my question yet. Was it indicated some weeks ago to you that those who had brought the court case — the Munster Anglers — were prepared to withdraw their case from the courts if it was the sub judice ruling which was debarring debate here in this House and that that offer was made to withdraw——

An Ceann Comhairle

I know nothing about that matter. I am calling No. 15.

Mr. Molloy

Are you aware, a Cheann Comhairle——

An Ceann Comhairle

Deputy, please.

Mr. Molloy

——that there are hundreds of jobs in my constituency at stake because of this stupid decision and that a number of businesses are bankrupt.

An Ceann Comhairle

Deputy Molloy, please desist. Deputy Molloy will now leave the House.

(Interruptions.)

An Ceann Comhairle

Deputy Molloy, I asked you to leave the House.

Mr. Molloy

You are asking me to leave the House?

An Ceann Comhairle

Yes.

(Interruptions.)

An Ceann Comhairle

Deputy Molloy, leave the House. Deputy Molloy, if you do not leave the House I will name you. I must ask that the motion be moved that Deputy Robert Molloy be suspended from the service of this House.