Before coming to the Order of Business, I propose to deal with a number of related notices under Standing Order 31 from Deputies John Bruton, Joe Higgins and Sargent. I propose to call on the Deputies in the order in which they submitted their notices to my office.
Request to move Adjournment of Dáil under Standing Order 31.
I hereby seek leave under Standing Order 31 to move a motion for the Adjournment of the Dáil to consider an urgent matter, namely, the failure of Deputy Lawlor, until recently a member of the ethics committee of the Dáil, to attend a hearing of a tribunal of inquiry established by the Dáil to answer a set of questions set out on the public record yesterday by counsel for the tribunal and, therefore, while having due regard to the prerogatives of the tribunal as recognised in Standing Orders, but also in recognition of the Dáil's jurisdiction over its Members, call on Deputy Lawlor to comply fully with the terms of the invitation he has received from the tribunal and to appear forthwith.
(Dublin West): I seek leave to move the Adjournment of the Dáil to discuss a vital matter of urgent public importance, namely, the failure of a Member of the Dáil, Deputy Lawlor, to attend, as requested, the tribunal into certain planning matters established by Dáil Éireann, the consequent undermining of the ability of the tribunal to comprehensively investigate alleged corruption in the planning process in County Dublin, and the contempt shown to the majority of citizens who wish the tribunal to establish the full truth in the matters it is investigating.
I move that the Dáil be adjourned under Standing Order 31 to discuss the failure of Deputy Lawlor to appear at the Flood tribunal and the need for the House to make the necessary changes to Standing Orders to ensure Members who show such contempt for a tribunal of inquiry established by Dáil Éireann can be suspended from the House.
Having considered the matters fully, I do not consider them to be contemplated by Standing Order 31. I cannot grant leave, therefore, to move the motions.
I seek clarification as to how within Standing Orders the Dáil may exercise its jurisdiction with regard to the privileges of Members other than by means of either a meeting of the Committee on Procedure and Privileges or by motion in the House, both of which you have denied, or is it the case that the Dáil ceases to have jurisdiction over its Members once a tribunal is established?
I will allow the Deputy to ask questions on the matter. We will proceed to the Order of Business.
This is a point of order which I am addressing to you as the arbiter of order in the House. Does the Dáil have jurisdiction over its Members in so far as the abuse or use of their privileges is concerned and, if so, how can we exercise it other than by means of either a meeting of the Committee on Procedure and Privileges or by motion in the House, both of which you have denied, or is it the case that once a tribunal is established the Dáil ceases to have jurisdiction over its Members in regard to any of the matters covered by a tribunal? That is not constitutional, bearing in mind that it was the Dáil which established the tribunal which is constitutionally subordinate to the Dáil, not the other way around.
Standing Order 31 is not a motion. The Deputy should give notice of any other questions of that nature. I have explained the position regarding the motion fully in my letter to the Chief Whips. We will now proceed to the Order of Business.