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Seanad Éireann debate -
Wednesday, 19 Nov 1958

Vol. 50 No. 2

Business of Seanad.

I have received notice from Senator Sheehy Skeffington that, on the motion for the Adjournment of the House to-night, he proposes to raise the following matter:—

The failure of the Minister for Justice to institute a judicial inquiry into the conduct by District Justice Gordon Hurley of the case heard before him on September 15th, 1958, arising out of the assault, on June 26th, 1958, upon three street preachers in Killaloe.

I consider that the question of the failure of the Minister for Justice to institute such a judicial inquiry is one of such importance that it is unsuitable for the ordinary Adjournment debate process. Important questions cannot be regarded as proper subjects for the Adjournment, owing to the inadequacy of the debate and the lack of provision for coming to a decision. Accordingly, I rule that the question is disallowed. The Senator has been notified of my decision.

I should like to thank you for informing me in advance of your decision. However, there have been precedents in the Seanad for the raising of this type of matter. I myself was allowed to raise the subject of corporal punishment, which is quite a wide question, and also the question of the Minister's failure to implement the recommendations of the Fair Trade Commission on infant foods and medicines.

I take it that the suggestion is that a motion would be the better way to deal with such a matter and I would accept that with the one reservation, that one fears delay in the raising of such a matter by motion. A motion can sometimes stand on the Order Paper for six months, or even a year, and such delay, when there is urgent public concern to get the facts and to ascertain whether the facts have been correctly reported or not would seem to me to be regrettable. I should like your opinion as to whether, in the present state of business of the Seanad, if I put down a motion, as it is my intention to do, there is a reasonable chance of its being reached early this session.

It is not possible to say when the matter will be reached, but, as the Senator has indicated, the better way would be to put down a motion and see what happens then.

May I have your opinion as to this question of precedents because there have been occasions when we have been enabled by this method to debate swiftly matters which have been before the public mind? The two precedents I have mentioned, particularly the one in connection with the Minister's failure to implement the recommendations of the Fair Trade Commission, were matters which might perhaps have led to a wide debate but which were allowed immediately.

The Senator will appreciate that each of these matters is dealt with on the merits. The Chair would certainly help the Senator to have his motion debated, but it might be beyond the power of the Chair to have that done.

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