I move: That the Standing Orders of Dáil Éireann relative to Public Business be suspended today pursuant to Standing Order 143 for the particular purpose of taking the Supplementary Estimate for the Department of the Taoiseach for the year ended 31 December 1994 and statements to discuss the circumstances surrounding the appointment of the President of the High Court and the following arrangements shall apply: (1) The motion for leave to introduce a Supplementary Estimate for the Department of the Taoiseach shall be decided without debate and, subject to its agreement, the Supplementary Estimate (Vote 3) shall also be decided without debate; (2) any division demanded today in relation to an estimate shall be taken forthwith; (3) the statement of the Taoiseach shall not exceed one hour and shall be deemed to be the reply to Questions 1 to 4, inclusive, on today's Order Paper; (4) Statements shall be confined to the Leaders of the Fine Gael Party, the Progressive Democrats Party and the Democratic Left Party and shall not exceed 30 minutes in each case; (5) on the completion of statements under paragraph (4), questions may be put to the Taoiseach by any Member; (6) the Taoiseach shall be called upon not later than 6.30 p.m. to make a statement in reply not exceeding 30 minutes and the Dáil shall adjourn forthwith; and (7) only questions set down for written answer today shall be taken today.
Returns to Writs: Cork North-Central and Cork South-Central. - Suspension of Standing Orders: Motion.
In the circumstances Prevailing I am allowing this motion to be moved.
I move the following amendment:
"In paragraph (6) after "30 minutes" to insert "that Fine Gael Private Members Time be taken at 7 p.m. to allow a motion — on the Taoiseach's operation of his Office in regard to the appointment of the President of the High Court and the new Attorney General and the delay in the Attorney General's Office concerning the Brendan Smyth case — to be debated."
It is essential that a substantive motion be taken on this matter. The only way the Dáil can express an opinion about a matter is by means of a substantive motion. We are not, however, pressing that the vote on that motion be taken tonight. We will be quite happy to allow any reasonable length of time to elapse, after the explanations that have been offered, for Members to consider the issue before the vote is taken but we believe it is essential, from the point of view of public accountability for the actions of Members of this House — actions that might lead to bringing down a Government or a Dáil — that those decisions should also be accountable for publicly. The only way that Members of the Dáil can be publicly accountable for their decisions is by allowing them to vote in the division lobbies.
I am asking the Government, therefore, to agree to allow us initiate this motion in Private Members' Time. I will be quite happy, however, to enter into discussions with the Government and other Whips to agree to a timing for taking this motion. We understand that Members will want to consider the Taoiseach's explanations after some time and we would not wish to press for a division on the issue until people have had adequate time to consider it. We believe strongly, however, that a substantive motion must be taken at some stage on this issue because that is the only way members are accountable for our decisions about the Taoiseach's explanations. Otherwise, it is a decision being taken in an upper room where there is not any public accountability — which there should be — in a matter of this importance.
I am asking the Taoiseach to agree to my proposal, subject to discussion between the Whips, to determine when a vote might be taken. I would be quite happy to have that vote tomorrow or after any delay that is reasonable from the point of view of Members on all sides of the House who, when they have heard the explanations, may also want time to think. We would not object to a delay in taking the division but there must be a motion at an early date on this issue, otherwise the Dáil does not take a decision.
I support Deputy Bruton's proposal in relation to this matter. It is an issue of extraordinary importance to this House and the public, which cannot be allowed to drag on for much longer. It is also necessary that this House is enabled to express its views in a clear and unequivocal way in relation to the matters we will be discussing for the next number of hours. I urge the Taoiseach to accept the proposal and for the Whips to then discuss the point at which a vote may be taken on the motion.
We too support the amendment in the name of Deputy Bruton. We believe it is important, if we are to have public accountability, that this House, the directly elected assembly, should have an opportunity to vote on the matter if not today, certainly tomorrow. We must bring to a conclusion, within the next 24 to 48 hours, the matters that have stifled the Government and the country over the past few days. It would not be satisfactory to merely have statements and questions today without any opportunity to vote in this House. We would be running away from our obligation and our duty to the public because the issues about which we are concerned today go to the very heart of parliamentary democracy and we must have an opportunity to vote. Deputy Bruton's suggestion of moving his motion in Private Members' Time and having the vote tomorrow evening is very reasonable in all the circumstances.
Whereas I see the logic in Deputy Bruton's proposal, there may well be necessity for reflection at the end of the procedures outlined by the Taoiseach. I suggest that it would be more appropriate, if there was to be any motion over anything on the Order Paper, to have it tomorrow at 10.30 a.m.
I would be quite happy to do that provided there was an assurance from all concerned that no action will be taken to pre-empt or prejudge the decision of the Dáil on the matter before 10.30 a.m., or to prevent the Dáil, by any device, from being enabled to meet to consider the matter. Do I understand that the Tánaiste is giving me an assurance——
Based on our outstanding relationship.
This is a serious question.
It is very serious. I am making a suggestion.
I am quite happy to agree to the Tánaiste's proposal as long as I understand — and I ask the Taoiseach if this is his understanding too — that nothing will be done between now and tomorrow morning to prevent the Dáil from meeting at 10.30 a.m. to make a decision on that issue. Otherwise, I will have no option but to proceed with my amendment or, alternatively, to put forward an amendment supporting what the Tánaiste has said. I am prepared to amend my amendment to put forward an alternative proposal saying that we will discuss it at 10.30 tomorrow morning if that would be helpful but I have to ask the Taoiseach if he would be agreeable.
I am sure Deputy Bruton will be relieved to hear that I do not have any intention of taking a drive to the Phoenix Park this evening.
My concern is solely to ensure that the Dáil is allowed to deal with the matter in an open and accountable way by means of motion, after an appropriate time. I am glad that is the case and that the Taoiseach has given me that assurance. I would not wish to put any restrictions on the Taoiseach's travel.
Would you have him use the Government jet?
That is a U-turn in policy.