It is proposed to take Nos. 1 and 2.
Order of Business.
I propose that we should not take No. 2 on the ground that in the present radioactive political situation in Northern Ireland, where certain members of the Convention have declared themselves to be in favour of the paramilitary movements in Northern Ireland, to proceed with the Criminal Law (Jurisdiction) Bill at this stage would be an act of criminal naïvete on our part.
An Leas-Chathaoirleach
Senator Martin is proposing an amendment to the Order of Business. Is it seconded?
What Senator Martin has stated has been our stance at all stages in discussions on this measure. It is the appropriateness from the point of view of time and work ability that has formed the basis of our whole criticism of the Bill. On that basis what Senator Martin has stated is so obviously right and our stance on the matter is so obviously right that I second his proposal.
An Leas-Chathaoirleach
If there are no other speakers I will call on Senator O'Higgins to conclude discussion on the Order of Business.
I regard this as merely another tactic to try to delay the passage of this Bill. I am sorry Senator Martin should be the one to adopt the tactic today. We are entitled to have our differences of views and of opinion about the Bill; we are entitled to have our differences of opinions with regard to the timing of the Bill but it is being made clear, and this is beyond doubt, that it rests with this State, once the Bill is enacted, to decide regarding the operation and implementation of it.
The Minister has made it clear that our control of the situation is our ability to decide regarding the administration and implementation of the Bill and that that is one of the surest guarantees we have regarding full reciprocity in connection with it. In those circumstances it would seem to be the attitude of reasonable legislators to ensure that the Bill is processed through this House and that the Dáil are given an opportunity of considering it. One of the complaints made against the Government when it was decided to transfer the Bill here was that it was a Bill which was proper for consideration by the Dáil. Now we have Senators on the opposite benches, joined by Senator Martin, endeavouring to prevent the Dáil having an opportunity of discussing this Bill.
Why did the Government not bring it in the Dáil when they had a chance?
An Leas-Chathaoirleach
On a motion from Senator O'Higgins, that the Order of Business be Nos. 1 and 2, an amendment has now been proposed by Senator Martin, and seconded by Senator Lenihan, to delete No. 2. The question, on the Order of Business therefore is: "That the figure proposed to be deleted stand."
Question put.
The Seanad divided: Tá, 15; Níl, 13.
Tá
- Blennerhassett, John.
- Boland, John.
- Codd, Patrick.
- Connolly, Roderic.
- Daly, Jack.
- Ferris, Michael.
- Harte, John.
- Kilbride, Thomas.
- McCartin, John Joseph.
- Mannion, John M.
- O'Brien, William.
- O'Higgins, Michael J.
- Prendergast, Micheál A.
- Sanfey, James W.
- Walsh, Mary.
Níl
- Brennan, John J.
- Browne, Noel C.
- Dolan, Séamus.
- Eachthéirn, Cáit Uí
- Garrett, Jack.
- Hanafin, Des.
- Killilea, Mark.
- Lenihan, Brian.
- McGlinchey, Bernard.
- Martin, Augustine.
- Ryan, Eoin.
- Ryan, William.
- Yeats, Michael B.
Tellers: Tá, Senators Sanfey and Harte: Níl, Senators Martin and W. Ryan.
Question declared carried.
I should like to remark that the Government do not appear to be altogether serious about the passage of this Bill having regard to their attendance in the House. It bears out what our consistent case has been, that this is a totally irrelevant, unnecessary and unworkable piece of legislation, designed to keep the Houses of the Oireachtas off the main economic disability which faces us——
An Leas-Chathaoirleach
Is the Order of Business, as proposed, agreed?
I should like to repudiate the suggestion made by the Leader of the House that I have joined Fianna Fáil in this matter. They joined me. It was my suggestion and they had no notice of it.
I hope Senator Lenihan appreciates that he is going a long way towards upsetting a concession which the Minister extended to Senator Yeats for tomorrow in connection with this Bill.
Just one point, I am not going to venture into that, on what Senator Martin has said—let us keep proper decorum and behaviour in this House. Senator Martin moved an independent motion and there was absolutely no discussion with the Fianna Fáil group on it. On its merits I felt it should be supported and on its merits it stands and it has been our consistent attitude.
We can judge between the sheep and the goat.
An Leas-Chathaoirleach
Is the Order of Business agreed?
Order of Business agreed to.