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Dáil Éireann debate -
Wednesday, 18 Dec 2002

Vol. 559 No. 6

Planning and Development (Amendment) Bill, 2002 [ Seanad ] : Committee and Remaining Stages.

I understand section 1 is opposed.

On a point of order, there are 100,000 people on the housing waiting list. House prices have doubled in recent years.

That is not a point of order. What is the point of order?

This is a very important Bill affecting people's prospects of getting housing—

You did this deliberately.

That matter was decided this morning. I call Deputy Gilmore on a point of order.

We have nine minutes to discuss a detailed—

That matter was decided this morning on the Order of Business. I call Deputy Gilmore.

May I finish my point of order?

No, Deputy, because it is not a point of order.

The Government is jackbooting legislation through this House in a Fascist manner—

You are challenging a decision of this House this morning, Deputy. I call Deputy Gilmore.

—when people are crying out for houses, and we will not stand for it. We now have nine minutes to discuss a detailed—

It is the Deputy's own fault.

Minister, please allow Deputy Gilmore to make his point of order.

This is jackboot tactics on the part of the Government. I said the other day this was a right wing Government. This is being done in a Fascist way.

Left of centre.

Deputy Allen, I ask you to resume your seat.

This is a guillotined debate.

The Deputy's side of the House caused it, not me.

Normally when Committee, Report and Final Stages of a Bill are being guillotined there is a proposal from the Government at the outset of the debate allocating the proportion of time which will be given to the respective Committee, Report and Final Stages. It is an utter farce to debate a Bill containing 20 sections, which has major implications for housing, in the six minutes remaining.

Deputy, the decision was made by the House this morning.

No. I have a valid point of order to make, a Cheann Comhairle. We are required constitutionally to examine Bills in this House Stage by Stage.

Hear, hear.

If we are to fulfil the constitutional function of this House, I want to know the Government's proposals given that we now have only five minutes in which to debate this Bill.

Caused by all the votes the Opposition called this morning.

How will the Government allocate the time? Will we have two minutes for Committee Stage, one minute for Report Stage and one minute for Final Stage—

That is not my fault.

—of a Bill which has serious implications for people in this country?

This is another farce.

The Government is treating this House with absolute contempt. It is railroading—

(Interruptions).

I ask Members of the House to at least show respect to Deputy Gilmore and allow him make his point of order.

We are asking the Government to make time available now.

Deputy Stagg, I ask you to resume your seat. Your colleague is on his feet.

We would be prepared to sit tomorrow.

Deputy Stagg, resume your seat and allow your colleague make his point of order.

On a point of order—

My point of order is this. I am elected to this House, as are other Members, primarily to examine legislation on behalf of the people. The Government, in its Executive function, has proposed legislation but it is acting as if it is the downtown office of the Construction Industry Federation—

That is an outrageous remark. It is unbecoming of the Deputy and his party.

That is the truth. They do not like the truth.

Deputy Gilmore, that is not a point of order. You are challenging a decision of the House this morning.

On a point of order, a Cheann Comhairle—

This is an absolute disgrace.

Sorry, Minister, I ask you to allow—

This is another shambles.

The Deputies are presiding over it.

A Deputy

Why will the Government not allow time for a debate?

On a point of order—

I call Deputy Cuffe. Deputy Gilmore has raised his point of order.

A Cheann Comhairle, you have a responsibility—

A Cheann Comhairle, I have not raised my point of order.

Sorry, Deputy, you have made your point and the Chair has ruled on it. You are challenging an order of this House this morning. I call Deputy Cuffe.

On a point of order—

(Interruptions).

The Deputies are continuing to waste the remaining four minutes. I have called Deputy Cuffe on a point of order.

A Cheann Comhairle, you have a responsibility—

Deputy Rabbitte, I ask you to resume your seat. Deputy Cuffe has been called on a point of order.

(Interruptions).

Deputies should be allowed make their points of order. I call Deputy Cuffe on a point of order.

A Cheann Comhairle—

Deputy Rabbitte, I ask you to resume your seat.

You have a responsibility—

Deputy, as I have said in this House previously, this is a national Parliament. It is not a créche. I ask you to resume your seat and allow Deputy Cuffe to make his point of order.

What is the answer to Deputy Gilmore's point of order?

(Interruptions).

It is a matter for the courts to decide on its constitutionality. I call Deputy Cuffe.

This is not a court.

The Deputies squandered their time.

On a point of order, the Leader of the Opposition wants to make a point of order.

I will hear Deputy Kenny after Deputy Cuffe.

There is no leader of the Opposition.

This is a filibuster.

What is the time allocation?

The leader of the Opposition—

As the Deputy is aware, only the courts can decide whether legislation is constitutional. I call Deputy Cuffe.

(Interruptions).

I ask Members to show respect for the Parliament and for their colleague, Deputy Cuffe.

When will our party leader be called?

The party leader will be called after Deputy Cuffe, that is if the House wants to allow any Member to make a point without interruption.

I submitted several amendments to your office, a Cheann Comhairle, the first of which was ruled out of order. That amendment stated that the name of the Planning and Development (Amendment) Bill should be changed to the planning and development sell-out Bill, 2002.

That is not a point of order. I call Deputy Kenny.

Can you explain the reason you ruled that amendment out of order?

Allow Deputy Kenny make his point.

A Cheann Comhairle, can you verify that it was ruled out of order?

It was ruled out of order under long-standing rulings of the Chair.

Which are?

If the Deputy wishes to come to my office, I have no difficulty—

This is a sell-out Bill.

The Chair considered the issue very carefully when the amendment was put down, went back through the records and is quite satisfied that the Chair was in order. I call Deputy Kenny.

It is obvious that this matter is one of serious concern to Members of this House. I appreciate that the Order of Business was voted through this morning but this guillotine motion has not been debated here. There has been no debate on these Stages of the Bill.

It has been bulldozed.

Given that no debate has taken place on this section of the Bill, will the Chair allocate some time within the remaining sitting time of the Dáil to debate it?

The Chair has no control over that matter.

The Minister has control.

We can sit tomorrow and debate it.

(Interruptions).

Will the Chair suspend the House for five minutes to allow the Whips to meet to discuss how debate on this can be facilitated?

I am now going to put the question.

This is illegal, the Bill has not been debated.

As it is now 3 p.m. I am required to put the following question in accordance with the order of the Dáil of this day: "That in respect of each of the sections not disposed of the section is hereby agreed in Committee, the Title is hereby agreed in Committee, the Bill is accordingly reported to the House without amendment; Fourth Stage is hereby completed; and the Bill is hereby passed."

On a point of order, I move that we have votes by the traditional method. I am entitled to do so as I represent more than 20 Deputies and am a Whip, and, therefore, an official of the House.

We will take this vote in the traditional manner.

Question put.

Ahern, Michael.Ahern, Noel.Andrews, Barry.Ardagh, Seán.Aylward, Liam.Brady, Johnny.Brady, Martin.Brennan, Séamus.Browne, John.Callanan, Joe.Carey, Pat.Carty, John.Cassidy, Donie.Collins, Michael.Coughlan, Mary.Cregan, John.Cullen, Martin.Curran, John.Davern, Noel.de Valera, Síle.Dempsey, Noel.Dempsey, Tony.Dennehy, John.Devins, Jimmy.Ellis, John.Fahey, Frank.Finneran, Michael.Fitzpatrick, Dermot.Fleming, Seán.Gallagher, Pat The Cope.Glennon, Jim.Grealish, Noel.Hanafin, Mary.Haughey, Seán.Hoctor, Máire.Jacob, Joe.Keaveney, Cecilia.

Kelleher, Billy.Kelly, Peter.Killeen, Tony.Kirk, Seamus.Lenihan, Brian.Lenihan, Conor.McCreevy, Charlie.McDaid, James.McDowell, Michael.McEllistrim, Thomas.McGuinness, John.Moloney, John.Moynihan, Donal.Moynihan, Michael.Mulcahy, Michael.Nolan, M. J.Ó Cuív, Éamon.Ó Fearghaíl, Seán.O'Dea, Willie.O'Donnell, Liz.O'Donoghue, John.O'Donovan, Denis.O'Flynn, Noel.O'Keeffe, Batt.O'Keeffe, Ned.O'Malley, Fiona.Parlon, Tom.Power, Seán.Ryan, Eoin.Sexton, Mae.Smith, Brendan.Smith, Michael.Wallace, Dan.Wallace, Mary.Walsh, Joe.Wilkinson, Ollie.Woods, Michael.Wright, G. V.

Níl

Allen, Bernard.Boyle, Dan.Breen, James.Breen, Pat.Broughan, Thomas P.Bruton, Richard.Burton, Joan.Connaughton, Paul.Costello, Joe.Crawford, Seymour.Crowe, Seán.Cuffe, Ciarán.Deasy, John.Deenihan, Jimmy.Durkan, Bernard J.Enright, Olwyn.Gilmore, Eamon.

Gogarty, Paul.Gormley, John.Gregory, Tony.Harkin, Marian.Hayes, Tom.Healy, Seamus.Higgins, Joe.Higgins, Michael D.Hogan, Phil.Howlin, Brendan.Kehoe, Paul.Kenny, Enda.Lynch, Kathleen.McCormack, Pádraic.McGrath, Finian.McGrath, Paul. McHugh, Paddy.

Níl–continued

McManus, Liz.Mitchell, Olivia.Morgan, Arthur.Murphy, Gerard.Naughten, Denis.Ó Caoláin, Caoimhghín.Ó Snodaigh, Aengus.O'Dowd, Fergus.O'Keeffe, Jim.O'Shea, Brian.O'Sullivan, Jan.Pattison, Seamus.Penrose, Willie.Perry, John.

Quinn, Ruairí.Rabbitte, Pat.Ring, Michael.Ryan, Eamon.Ryan, Seán.Sargent, Trevor.Sherlock, Joe.Shortall, Róisín.Stagg, Emmet.Stanton, David.Timmins, Billy.Twomey, Liam.Upton, Mary.Wall, Jack.

Tellers: Tá, Deputies Hanafin and Kelleher; Níl, Deputies Durkan and Stagg.
Question declared carried.

This represents a shameful abuse of power.

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