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Seanad Éireann debate -
Thursday, 27 Feb 1986

Vol. 111 No. 10

Order of Business.

It is proposed to order Nos. 1 to 7 as they appear on the Order Paper and to take them in that order. As explained yesterday in the House, No. 1 is a piece of consequential legislation but it is somewhat urgent so that there will not be any delay in regard to the sitting of the courts in Galway. Accordingly, there is a motion for early signature on item No. 2. It is proposed that the sitting be suspended from 1 p.m. until 2 p.m. and also I suggest that no new item be undertaken later than 4 p.m.

Reluctantly I stand up on the question of the Bill dealing with the abolition of the death penalty. I do not know whether I am correct in saying "reluctantly" because I have been very tolerant. I have the adjournment on that Bill since the 20 February 1985. It is well over a year now. It is moving up the paper and then suddenly it is relegated again. Nobody knows what the score is against it even though it has been relegated. I wonder if the Leader of the House could tell us if the Minister is ready to come in with a Bill of his own yet or not? In fact, the Minister brought in a Bill in 1981 and it passed the Seanad. Could we have any information on that, please?

I wish to speak on the order of items as the Leader of the House has outlined them. I am surprised to see item No. 7, which is a motion resumed, down below Items Nos. 5 and 6. Is there a reason? I thought the resumed motion would be taken before any new one would be initiated.

On the question of the Bill regarding the complete abolition of capital punishment, this is a Private Members' Bill. As such, of course, it can be taken in Private Members' Time at any time, if the sponsors choose this particular item of business in their name as being of the highest priority. I am prepared, if there is no Government legislation, to make the time normally reserved for Government legislation available. The position has been that over the past 12 months there has not been a period in which there was no Government legislation before the Seanad. The position in recent weeks is that this Bill has been listed in its proper place and, if reached, will be taken.

The position, as Senator Harte has said, is that some years ago the Seanad did pass, on Second Reading, a Bill of this type. I personally am prepared to vote for a Bill of this type at any time. There are some difficulties in bringing in a Government Bill. Due to the degree of violence that exists here, as well as in another part of this island, there has not been for some time, a period during which there has not been a case of capital murder either at prosecution or the result of that prosecution not finally determined by the Government. The Minister for Justice has been in some difficulty. I have been in continuous touch with the Minister for Justice, and only just before this sitting commended, had indicated to the newly-appointed Minister that there were a number of items that I wished to speak to him about. This is one of those items. I will be speaking to the Minister about it.

In regard to the question by Senator Kiely about motion No. 7 being placed down, Items Nos. 5 and 6 are items which go together. There is the position of the availability of advisers to the Minister in regard to these motions. There is the problem, also, I understand, of certain Senators who have expressed the view that Nos. 5 and 6 should be taken this week, leaving No, 7 for next week. It is not a question of No. 7 being shoved down and going to be left. I anticipate that if we get on with Nos. 5 and 6 today No. 7 could easily be taken next week. Even if we do not make substantial progress on Nos. 5 and 6, that does not rule out No. 7 going above No. 5 and 6 this day week. It is not an attempt to sweep it into a corner.

Order of Business agreed to.
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