The Land Purchase (Guarantee Fund) Bill, 1935, the Second Stage of which is the first item on to-day's Order Paper, was passed by the Dáil only last night. If it had not been certified by the Speaker of the Dáil as a Money Bill, the interval of three clear days prescribed by Standing Order 74 between its receipt by the Clerk and its appearance on the Order Paper would have applied. As it has been so certified, it was incumbent on me to have it placed on the Order Paper for to-day.
It is reported in all the organs of the public Press this morning that steps are being taken by members of the Dáil to challenge the certification of the Speaker in regard to this Bill by demanding a committee of privileges under Article 35 of the Constitution. This report may be true or untrue, but it is an important fact of which I have to take cognisance. Under the Standing Orders of the other House, the members thereof have three days, of which to-day is the first, in which to take the appropriate steps. I have come to the conclusion, after the most careful consideration, that it would be improper for the Second Stage of this Bill to be taken before the expiration of this interval of three days, that is to say, before it is known whether or not a committee of privileges will in fact be demanded by members of the Dáil. A committee of privileges is a quasi-judicial body, presided over by the senior judge of the Supreme Court able and willing to act. It would be wrong for such a committee, if set up, to have to decide the purely legal and constitutional issue in the light of their pre-knowledge that the Seanad had either passed or rejected the motion for the Second Reading.
This is a matter of order not covered by the Standing Orders and it is incumbent on me therefore, under Standing Order 39, to decide it to the best of my ability. I accordingly rule, for the reason which I have given, that the Second Stage of this Bill cannot be taken until an interval of three days has elapsed and it is known whether or not a committee of privileges will be demanded. In so ruling I have also had in mind the fact that no group or Party in this House can be prejudiced by delaying the Bill for four days out of the 21 permitted to us.
