Before we take up the business on the Order Paper I have a statement to make to the House and a ruling to give on a Bill entitled the Army Pensions (Amendment) (No. 2) Bill, 1943, which raises the matter of the powers of the Seanad in regard to Bills known as Money Bills.
On the 4th September of last year a Bill, entitled as I have described, was handed in to the Office by Senator Mulcahy, who stated it was his intention to introduce the Bill in the Seanad. The Senator had as sponsors of the Bill two other Senators, a number which fulfilled the requirements of Standing Order No. 68 of the Standing Orders relative to Public Business. Upon examination of the Bill an opinion was formed that the Bill came within the definition of a Money Bill set forth in Article 22, Section 1, sub-section (1) of the Constitution, and the Senator was advised that, if that opinion were upheld by the Cathaoirleach, it was considered the Bill could not be initiated in the Seanad. Subsequently, the matter was referred to me and I agreed with the opinion which had been given to Senator Mulcahy, and directed, as it was the first occasion on which a Bill of that description had been tendered, that the matter should be put down for consideration by the Committee on Procedure and Privileges.
The matter was considered by that Committee at its first meeting on Wednesday, 24th November. For the purpose of its deliberations the Committee had before it a memorandum setting forth the reasons relied upon for the opinion that the Bill was a Money Bill. It is unnecessary to detail these reasons as the memorandum on the subject and other relevant documents are included in the minutes of the meeting of the Committee of that date.
After a very full discussion, the Committee concurred with the opinion that the Army Pensions (Amendment) (No. 2) Bill, 1943, was a Money Bill. The Committee was also in agreement:
(i) that in view of the provisions of the Constitution, Money Bills should not be accepted for initiation in the Seanad;
(ii) that non-Money Bills which, as a result of amendment made either on the Committee or Fourth Stages of a Bill, which brought the Bill within the definition of a Money Bill, should be withdrawn from the House on the Fifth Stage.
The Committee was further of the view that the foregoing functions in regard to Money Bills should be exercised by the Cathaoirleach, who, however, before taking action, should consult with the Committee on Procedure and Privileges.
I was in agreement with the Committee on the latter point, and, further, promised the Committee that I would give a ruling on the Bill in the House with a view to having the precedent, and also the conclusions of the Committee, on record in the Official Reports of Debates.
I now rule that the Army Pensions (Amendment) (No. 2) Bill, 1943, is a Bill which comes within the definition of a Money Bill contained in Section 1, sub-section (1) of Article 22 of the Constitution, and cannot, under the provisions of Article 20, Section 2, sub-section (1), and of Article 21, Section 1, sub-section (1), be initiated in the Seanad.
