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Dáil Éireann debate -
Tuesday, 11 Dec 1990

Vol. 403 No. 8

Request to move Adjournment of Dáil under Standing Order 30.

I have notice of motion under Standing Order 30 from Deputy Spring. Will the Deputy please state the matter?

In accordance with Standing Order 30 I gave you notice of my intention to raise, at the commencement of public business, a matter of important public interest requiring urgent attention. The matter is as follows: that this House views with concern the agreement concluded yesterday between the banks and Mr. Larry Goodman which leaves the company concerned in a dominant position in the beef processing industry. This House demands a statement of full disclosure of all the actual and potential implications of the agreement for taxpayers, workers in the beef industry, farmers and beef producers and the national interest. This House further calls on the Minister for Industry and Commerce to make a full statement on all these matters prior to announcing any decision that he might make under the powers vested in him by monopolies legislation and further calls on the Minister to satisfy himself that there are no further questions to be asked about the conduct of the previous management of this company before agreeing to the management structure now proposed.

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

Will the Ceann Comhairle not agree that this is a specific matter of general public importance which has arisen suddenly in that the report has just been published? It is likely to develop significantly before the Dáil will, in practice, have a chance of discussing it because the Minister may approve this under the mergers legislation, and may do so at any time, without the approval of the Dáil. Because of the Minister's involvement through the mergers legislation, it is a matter within the current responsibility of the Government. Therefore, on all five points which govern the admissibility of questions of this kind, the matter is in order under Standing Order 30. Will you accept a submission from me that your ruling should be reconsidered in the light of the facts and the order which I quoted?

I cannot allow further discussion on this matter now. I have made my ruling in accordance with precedent but, since the Leader of the Fine Gael Party, Deputy John Bruton, has challenged my ruling in the matter I can only tell him that the matter raised fails to meet some of the criteria, namely, that it is not likely to develop significantly before the Dáil will, in practice, have an opportunity of discussing it. Further, my information at present is that the examiner's report is before the High Court today which makes the matter technically sub judice. The matter, therefore, is not within the current responsibility of the Government. Further, the application of the monopolies legislation is contingent on the court's decision and, in any event, would be dependent on the ministerial investigation under statutory entitlements. These are some of the reasons I have taken the precaution, at the request of Deputy Sean Barrett, of circularising all Members in respect of the criteria which apply to Standing Order 30 and the Chair will adhere rigidly to that precedent and procedure.

With respect — I thank you for having circulated that material which is particularly helpful to Members — I submit that in your re-examination of this matter the issue is likely to develop further before the Dáil has an opportunity of discussing it in that there is no provision for a Dáil discussion on this matter currently. The Minister is likely to make a decision on the mergers legislation in relation to permission for this matter before the Dáil has an opportunity of discussing it. There is a tight timetable in relation to business for the rest of this session and unless the Government agree to postpone the Christmas recess, we will not have an opportunity of discussing the matter.

I have nothing further to add to the explanatory statement I made. As I said, it is not in order to discuss my ruling in regard to this matter.

In accepting your decision, perhaps the Taoiseach — or indeed the Whips — will consider this matter and agree to find time to discuss it either this week or next.

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