Seanad Éireann debate -
Wednesday, 16 Nov 1927

Vol. 10 No. 2

PRIVATE BUSINESS. - LAPSED PRIVATE BILLS.

Mr. BENNETT

I move:

1. That the promoters of every Private Bill which lapsed by reason of the termination of the last Session before the Bill had reached its final stage have leave to proceed with the Bill in the present Session of the Oireachtas.

2. That the Principal Clerk of the Private Bill Office shall lay upon the Table of the Seanad a copy of every such Bill, notice of the intention to proceed with which has been given by the promoters in the Private Bill Office.

3. That in respect of every Bill so laid upon the Table the proceedings on such Bill shall be formal in regard to every stage through which the Bill shall have passed in the last Session.

4. That no fees shall be charged in respect of any stage upon which fees have already been paid in a previous Session.

5. That all Petitions presented against any such Bill which stood referred to the Committee on such Bill in a previous Session shall stand referred to the Committee on the same Bill in the present Session.

6. That no Petitioners shall be heard before the Committee on such Bill unless their Petition shall have been presented within the prescribed time in a previous Session.

And that a Message be sent to the Dáil requesting their concurrence.

These motions are essential owing to the lapse of the Session.

Mr. DOUGLAS

I second the motion, but I would like to draw the attention of the Seanad to the fact that so far no definition of the word "Session" has been provided, either in the Dáil or the Seanad Standing Orders. It is a matter that has been raised on several occasions during the last four and a-half years, and I think the position at present is exceedingly unsatisfactory. There was a tendency to assume, in the early stages of the Oireachtas, that the word "Session" was coterminous with the life of the Dáil. That was not very satisfactory, and it also appeared to me to be quite unconstitutional, in so far as Article 24 of the Constitution provides that the Oireachtas shall hold at least one session in the year. The position at the present moment is that nobody knows with any definite authority what a Session is. When there is a new Dáil we pass a resolution like the one which has been proposed by the Leas-Chathaoirleach, but we still leave it extremely vague, and presumably if nothing is done we shall just go on as at present, and we shall assume that we shall still have a session until the present Dáil is dissolved, which some people think will be soon, and others think will be in four or five years' time. It may be five years, and, if it is, this resolution is very unsatisfactory, in so far as it gives leave to any person who has promoted a Private Bill before the dissolution of the last Dáil to come along in four years' time and say that he wishes to revive his Bill. In other words, when the Session is to be regarded as coterminous with the life of the Dáil this resolution should be different, but I prefer to assume that there should be a session at least once each year, as provided in the Constitution, and I therefore think that there should be some kind of formal commencing and ending of a session, and there is need for some definite provision for that purpose. At an earlier stage it was before the Joint Committee on Private Bills Standing Orders. I would urge Senator Bennett to bring it before that Committee again, with a view to having a proposal made to get over the difficulty. From the point of view of the staff and of business, it is not satisfactory to have no definite period within which a Bill can be introduced as a Private Bill.

Mr. BENNETT

I would be very glad to bring that matter to the notice of the Committee, but the point of view of the Committee was that a session was when both Houses were in session together, and I think that what Senator Douglas fears, that for the next five years any Bill can be held over, will hardly arise, because before that the Seanad will dissolve, so that I do not think he need have any fear that anything like that will occur. At the same time, there is a good deal in what he says, and I shall be very glad to have it brought under the notice of the Committee.

CATHAOIRLEACH

I think it would be very desirable, because it is very obscure at present as to what "Session" means, when it begins and when it ends. A number of our Standing Orders, and I think many of the Standing Orders in the other House, depend upon the meaning of "Session,""Sessional Chairmen," or "Sessional Committee." There is nothing to define when their functions cease, and I think it would be desirable to clear up the confusion which exists between the ordinary sitting of the Dáil and the Seanad, and the session, which appears to be a different thing for many purposes.

Question put and agreed to.