Seanad Éireann debate -
Thursday, 12 Nov 1925

Vol. 5 No. 17

REPORT OF JOINT COMMITTEE ON STANDING ORDERS (PRIVATE BUSINESS).—AMENDMENT OF CERTAIN STANDING ORDERS.

LEAS - CHATHAOIRLEACH (Mr Douglas)

I beg to move that the Report of the Joint Committee on Standing Orders be now considered. I think I can explain quite briefly the object of the Report and the reason that it was necessary to bring it in immediately. Under the existing Standing Orders persons who may apply for leave to introduce a Private Bill do so in the months of October and November. The existing Standing Orders gave permission during the first two years of the life of these orders also to apply during the months of March and April. The two years' period will come to an end before next March and April, and questions have arisen as to what the position will be in March and April next.

The Joint Committee which generally has charge of matters relative to Private Business considered the situation and came to the conclusion that there was a general desirability that as far as possible leave should be applied for in the months of October and November. At the same time they recognised that there might be circumstances which would make it desirable that the permission to apply for a Bill in March and April should be continued and they therefore propose that the existing Order, which says two years, should be amended and provide that permission should be given, subject to the consent of the Chairman of the Joint Committee on Standing Orders. The second proposal in the draft proposal is relatively unimportant and simple. We are providing that there should be one taxing officer. Generally costs are taxed by one of three and it is suggested in the amended Orders that the two Chairmen who appoint the person to act as taxing officer shall also be enabled to appoint two persons to act in his absence. This is only a technical amendment for the purpose of expediency. If we pass this motion, I shall move three formal motions altering the Orders mentioned.

AN CATHAOIRLEACH

The first motion deals with Standing Order No. 41.

Mr. DOUGLAS

The form in which I make the motion is that the Report of the Committee be now considered and I shall then move the motions altering the Orders.

Mr. BENNETT

I might point out that some of us have not had an opportunity of discussing this Report and we can hardly say whether it refers to matters of urgency or not. I think it will be better to postpone the adoption of the report until we have had an opportunity of considering it. I cannot say at present what the amendment means. This Report was handed to me when I came in here and I had no time to consider it.

AN CATHAOIRLEACH

There is a considerable amount of reason in what you suggest, in view of the fact that it has only been circulated a few moments ago. I have myself only seen it this minute, and I do not think that it is so urgent that it could not wait until our next meeting. Perhaps Senator Douglas would be in a position to tell us.

Mr. DOUGLAS

The position really is this: that the urgency affects persons applying for Private Bills who may wish to know when instructing their solicitors whether it will be possible to apply in March or April next. The Committee, which is a Joint Committee of a representative character, met and went into the whole matter and it is actually a report from them. If there is any great desire to postpone consideration of the matter—the only point is that certain persons have been inconvenienced—I have no objection.

Sir THOMAS ESMONDE

So far as I understand it merely amounts to this: supposing a Private Bill is introduced, and certain notices have to be given in March or April, if, in the circumstances in which we find ourselves, there is no Standing Orders Committee appointed in time to receive this Bill or to authorise it to be lodged, this amendment meets the case. That is what I understand, and there can be no possible objection to it.

AN CATHAOIRLEACH

In view of the members who were present at this Committee—Senator Douglas, Deputies O Maille and Cooper, and Senators Brown and Farren—I think you could almost safely accept it because it deals with purely formal matters.

Mr. FARREN

I would like to say that the Committee made this recommendation because of the fact that we believed it might be necessary to grant facilities for making application at two different periods in the year for lodging a Private Bill. It was in order to facilitate the public generally that we proposed this amendment to the Standing Orders.

Mr. BENNETT

In view of what we have been told, I have great pleasure in waiving the objection I have made, but I think it would be well in future that reports of this kind should be in the hands of Senators a little longer.

AN CATHAOIRLEACH

Certainly. If it had not been a purely formal matter, I myself would have interrupted and made the objection, but having regard to the fact that it is a purely formal matter, and that the amendments are useful, I think it would be desirable to pass them to-day.

Mr. GUINNESS

I think it will be necessary, if the amendment is to become effective, that the Dáil should also pass a Resolution approving of it.

AN CATHAOIRLEACH

I am sure it will.

Mr. DOUGLAS

The existing Standing Order relative to Private Business says that the Order shall continue in effect until amended by both the Dáil and the Seanad, so that the passing of the Resolution would not amend the Standing Orders until a similar Resolution is passed by the other House.

Question: "That the Report be taken into consideration," put and agreed to.

Mr. DOUGLAS

I move:—

"(i) That Standing Order No. 41 be amended as follows:—

In lines 1, 2, 3 and 4 to delete the words ‘may elect, during the two years next following the date of passing of these orders by both Houses, to' and to substitute therefor the words ‘may, whenever the exigencies of the case require it and with the consent in writing of the Chairman of the Joint Committee on Standing Orders.'"

Mr. BROWN

I beg to second.

Motion put and agreed to.

Mr. DOUGLAS

I move:—

"(ii) That Standing Order No. 114 be amended as follows:—

To delete all the words from ‘of' in line 3 to the end of the Order and to substitute therefor the words ‘Private Bill Costs Act, 1924 (No. 52 of 1924). Such officer shall be appointed by the Ceann Comhairle of the Dáil and the Cathaoirleach of the Seanad jointly who shall also appoint a person or persons to act as taxing officer or taxing officers, if, for any cause, he shall be unable to act.'"

Mr. BROWN

I beg to second.

Question put and agreed to.

Mr. DOUGLAS

I beg to move that a Message be sent to the Dáil to acquaint them of the passing of the Resolutions.

Mr. BROWN

I beg to second.

Question put and agreed to.