Vol. 570 No. 2
I move:
That it is expedient to make provision for such charges and such fees as may be prescribed in regulations made by the Minister for the Environment, Heritage and Local Government for the purposes of giving effect to European Parliament and Council Directive 2000/53/EC of 18 September 2000 on end-of-life vehicles and, otherwise, in relation to the recovery and treatment of mechanically propelled vehicles.
On a point of order, I wish to raise whether this financial resolution is actually in order. I wish to draw your attention, a Cheann Comhairle, to Standing Order 130 which states: "On Fourth Stage, no new section or other amendment may be proposed which creates a charge on the public revenue or upon the people but the Bill may be recommitted in respect of any such section or amendment". This financial resolution relates to charges which the Minister proposes to make on Report Stage, which we have not yet reached. It is quite clear that no such charge may be made on Report Stage. I appreciate that there is a provision whereby the section relating to the charge may be recommitted but we are unlikely to reach amendment No. 132 which proposes this charge and, therefore—
We cannot have a debate because it has been decided the motion will be taken without debate.
The financial resolution is out of order. Standing Order 130 is explicit in that a new section proposing a charge may not be made on Fourth Stage. This Stage has not been taken. A motion to recommit has not been tabled and, in advance of such a motion, a financial resolution relating to a Fourth Stage amendment that proposes to raise money is out of order.
My understanding is that there is a long-standing precedent whereby in a situation such as this, the Bill is recommitted to Committee Stage to take that amendment.
Yes, but amendment No. 132 proposes the charge. Even if we were to blink these amendments through, we would be unlikely to reach that amendment before the debate concludes, in which case a motion to recommit that section cannot be taken. Second, at the very least, the financial resolution should await the decision of the House in regard to a motion for recommittal because Standing Order 130 is absolutely explicit. It states that on Fourth Stage no new section or other amendment may be proposed that creates a charge on the public revenue. The documentation on the motion explicitly states that it relates to a Fourth Stage amendment. Since a Fourth Stage amendment that results in a charge cannot be tabled, this financial resolution is out of order and may not be taken.
The House voted on a guillotine earlier and the Standing Order relating to guillotines refers to amendments put down by the Minister, notwithstanding anything in Standing Orders.
I appreciate that. However, it is a procedural issue whereby amendments tabled by the Minster may be accepted. Amendments containing certain material are ruled out of order by Standing Orders for good reasons. We are dealing with a financial resolution that relates to the amendment and it is out of order. Standing Order 130 was included in Standing Orders for a good reason, which was to prevent—
The guillotine states notwithstanding Standing Orders, amendments tabled by the Minister are accepted.
That may be provided—
That overrules Standing Order 130.
A Cheann Comhairle, I differ with you in this respect.
The Deputy cannot differ with me. I am ruling now and we are moving on to the business.
If I tabled an amendment to the Bill which proposed to levy a charge on the people, the Chair would rule it, properly, out of order. In this case the Minister has tabled an amendment that proposes to levy a charge on the people, which is out of order under Standing Order 130 and may not be in order until such time as the section has been recommitted to Committee Stage and debated. I am in your hands, a Cheann Comhairle, because the Chair rules on these matters, but the financial resolution with which the House is dealing is out of order in two respects and the guillotine relates to the Bill, not the financial resolution. The financial resolution is out of order in two respects because—
The Deputy has made his point and the Chair has ruled that this procedure is in accordance with long-standing precedents. We have had a long discussion on this issue and the Chair has ruled.
I will make a final point because I do not want the House to have to revisit this issue.
The Chair has ruled on it.
The guillotine applies to the Bill, not the financial resolution and, therefore, a Cheann Comhairle, you are not entitled to rely on the guillotine as the precedent to apply in this case. We are dealing with the financial resolution, not the Bill, and while the guillotine, admittedly, contains the phraseology to which you referred, there is no such phraseology in the order of the House in respect of the financial resolution.
A Cheann Comhairle, you should take a recess to consider the points made by Deputy Gilmore, which are quite persuasive.
I have ruled on the matter and I am putting the question.
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Ahern, Dermot.Ahern, Michael.Ahern, Noel.Andrews, Barry.Ardagh, Seán.Aylward, Liam.Brady, Johnny.Brady, Martin.Brennan, Seamus.Browne, John.Callanan, Joe.Callely, Ivor.Carey, Pat.Carty, John.Cassidy, Donie.Collins, Michael.Cooper-Flynn, Beverley.Coughlan, Mary.Cowen, Brian.Cregan, John.Cullen, Martin.Curran, John.Davern, Noel.Dempsey, Noel.Dempsey, Tony.Dennehy, John.Devins, Jimmy.Ellis, John.Fahey, Frank.Finneran, Michael.Fitzpatrick, Dermot.Fleming, Seán.Gallagher, Pat The Cope.Glennon, Jim.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.Moynihan, Donal.Moynihan, Michael.Mulcahy, Michael.Nolan, M. J.Ó Cuív, Éamon.Ó Fearghaíl, Seán.O'Connor, Charlie.O'Dea, Willie.O'Donnell, Liz.O'Keeffe, Batt.O'Malley, Fiona.O'Malley, Tim.Power, Peter.Power, Seán.Ryan, Eoin.Sexton, Mae.Smith, Michael.Treacy, Noel.Wallace, Dan.Walsh, Joe.Wilkinson, Ollie.Woods, Michael.Wright, G. V. |
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Allen, Bernard.Boyle, Dan.Breen, Pat.Broughan, Thomas P.Burton, Joan.Connolly, Paudge.Costello, Joe.Crowe, Seán.Cuffe, Ciarán.Deenihan, Jimmy.Durkan, Bernard J.Enright, Olwyn.Ferris, Martin.Gilmore, Eamon.Gogarty, Paul.Gormley, John.Harkin, Marian.Hayes, Tom.Higgins, Joe.Higgins, Michael D.Howlin, Brendan.Kehoe, Paul.McCormack, Padraic.McGrath, Finian. |
McGrath, Paul.McManus, Liz.Mitchell, Olivia.Morgan, Arthur.Naughten, Denis.Neville, Dan.Ó Caoláin, Caoimhghín.Ó Snodaigh, Aengus.O'Keeffe, Jim.O'Shea, Brian.Pattison, Seamus.Perry, John.Quinn, Ruairí.Rabbitte, Pat.Ryan, Eamon.Ryan, Seán.Sargent, Trevor.Sherlock, Joe.Shortall, Róisín.Stagg, Emmet.Stanton, David.Timmins, Billy.Upton, Mary.Wall, Jack. |
