Deputy Proinsias De Rossa gave me notice of his intention to seek to move the Adjournment of the Dáil under Standing Order 30.
Request to Move Adjournment of Dáil.
In view of the fact that there is no reference in the Government motion today, seeking the assent of the Dáil for the provision of certain facilities at Shannon, and in accordance with Standing Order 30, I wish to request leave to move the Adjournment of the Dail to discuss the decision of the Government, announced by way of a public statement yesterday, to provide refuelling and landing facilities for military aircraft for a number of countries participating in the Gulf War, without having sought the approval of Dáil Éireann as required under the Constitution. Article 28.3.1º of the Constitution clearly states that:
War shall not be declared and the State shall not participate in any war save with the assent of Dáil Éireann.
It is my belief, confirmed by independent legal advice, that the provision of the facilities announced by the Government constitutes participation in a war under the terms of Article 28.3.1º, that the Government's decision could well be found by the courts to be in breach of the Constitution and that if the Government intend to provide these facilities they must bring the appropriate motion before Dáil Éireann for ratification.
The motion is not relevant to this special sitting of the Dáil. The sitting is confined to the matters specified in the summons in question. Private Notice Questions and such other matters of raising issues in an ordinary sitting do not and cannot apply. The matter raised under Standing Order 30 falls into this category. Notwithstanding the urgency of the matter raised it has to await an ordinary sitting which has been fixed for the Dáil for 30 January next. The Deputy can avert to the substance of the matter in today's debate. He has an amendment tabled in respect of this matter.
On a point of order the reason I raise this point is because the matter we are summoned here to deal with today is specifically related to the war in the Gulf, and the Government have failed in my view to comply with the requirements of the Constitution. It is on that basis that I am seeking——
I am not prepared to have my decision challenged in this fashion. I have given my reasons, I have nothing further to add. It is clear that this is a special meeting of the House to deal with a specific matter.
I agree with you, a Cheann Comhairle. We are here to deal with a specific matter——
I am calling the Taoiseach. Deputy De Rossa will now please resume his seat.
This is a deplorable decision.