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Seanad Éireann debate -
Wednesday, 29 Oct 1986

Vol. 114 No. 9

Postponement of Divisions: Motion.

I move:

That, notwithstanding anything in the Standing Orders relative to Public Business, on any Thursday the Cathaoirleach (unless on the Order of Business the Seanad otherwise orders) shall, where a division is claimed on a question "That the Bill be now read a Second Time" (or on any amendment thereto) or on a Motion (or on any amendment thereto) ordered in the Order of Business to be taken on that day, postpone the taking of every such division until 5 p.m. on the next Wednesday on which the Seanad shall sit until that hour.

This deals with how this House conducts its business and in particular with how this House conducts its divisions. I would like to explain to the House why it was thought proper to bring in a motion. I would like to explain why there is a motion standing in the names of the three political groups in the House urging a change in the way in which we take divisions. The way in which taking divisions varies in different parliamentary institutions is very interesting. We in this country have inherited from the British the idea that the only way to take a division is to take it immediately at the end of the debate and by the bodily passage of a Member through an aperture of some sort, whether it be necessary to carry him on a stretcher or whether he is able to walk through freely.

This is not the universal practice. For example, in the European Parliament to which we send Members they debate a number of matters during the week and on the final day they have their votes on all of these questions. In some countries in Europe, Whips are authorised to vote the full strength of their party. In the Congress of the United States they have an interesting procedure which I have seen in operation whereby when a vote is actually taken, within a certain period — I do not know if it is five minutes or so — a person can change his or her vote having seen the result of the initial vote. I do not know if in another part of this building some members would like that practice introduced but I do not think there is any need to introduce it in the Seanad.

Why then have we brought forward this motion? This House has, in the past year or so, gone from the question of sporadic meetings, first to the question of a regular meeting on every Wednesday, and then to regular meetings two days a week. When the idea of meeting regularly on Wednesday and Thursday was agreed to, I put it forward to my fellow Senators on the basis that I would endeavour to do my best to ensure that there would be no controversial business on a Thursday; that we would tend to devote Thursday to the discussion of reports of joint committees.

Due to the fact that I have been unduly successful in getting Bills introduced in the Seanad, we now have quite a large backlog of legislative work and it will be necessary in the weeks ahead to order legislative business on both Wednesdays and Thursdays. Accordingly, I initiated discussions with the other groups in regard to this question.

We have put forward here a proposition. It relates only to motions and to the Second Stages of Bills: it does not relate to Committee Stages. The effect of this motion to postpone a division from a Thursday until the following Wednesday releases a Senator from the obligation, having made a contribution to a Second Stage of a Bill or having made a contribution to the debate on a motion, of having to remain for the remainder of that debate in case there were divisions.

There are arguments against giving such a dispensation. In an ideal Seanad, anyone who spoke should be forced to listen to everybody else and I acknowledge the strength of that argument. The realistic position is that Senators are not in the habit, having made a speech, of listening to the remainder of the debate. This is an acceptance of the realistic position, a reluctant acceptance of the realistic position. I want to point out to Seanadóirí that this provision, while it will be made the presumptive procedure, can be varied on any Thursday on the Order of Business. Any suggestion that this procedure dispenses Seanadórí and allows them to go home on Wednesday night would lead to quite a dangerous practice on their part. The question of whether this customary procedure will remain in force or whether it will be dispensed with on a particular Thursday will be decided on the Order of Business of Thursday.

I do not move this motion with any great enthusiasm or view the attendance in this House on Thursdays with any pride, but I do feel that this is a recognition of the position as it stands. As it is, the position on a Thursday is that the Leaders and Whips of the group are pestered by Members throughout the day: "Is there going to be a division on this?" Perhaps Members should be left to wait around and see. We are coming towards the end of this Seanad — we may have varying views about how quickly the end is approaching — and I think we should try this as an experiment for the remainder of this Seanad. I do not think it is going to improve our attendance. It may improve some Senators' nerves and perhaps that is a good thing.

In seconding this motion nothing was left unsaid by Senator Dooge for me to say except that he and I had a number of discussions about this over the past few months. Both of us came up with the idea. I say that because some people thought it was a Government-inspired motion and that this would suit the Government. I think it will suit the Government and it may suit the next Government too. That is not the way we looked at it. We looked at it from the point of view that there was nothing wrong in our doing it when the other House are doing it. They do not have votes on Thursday; they vote on Wednesday. I have nothing more to say and I hope the House will agree.

Clearly the motion has the support of both sides of the House and so it will be agreed. I should like to raise one question on it. It may have a consequence which would be undesirable in that it would be difficult to get a quorum on Thursdays. That is not desirable. I commend the present Leader of the House on the fact that the Seanad has been sitting more often and examining both Bills and motions more regularly than any other Seanad since I was elected to this House. Part of that has been because Members have come on Thursdays as they have come on Wednesdays.

Of course it is inconvenient. It is particularly inconvenient for those Senators who obey a party whip. They are the ones in particular who have to be here. I can speak more freely from the Independent benches because I am free of a party commitment, whatever about my personal commitment on a particular issue. I would be concerned — and I would ask that this be monitored very closely — that if we do it, we do it from now until Christmas and that it does not carry on after Christmas unless the House so orders so that we can actually monitor the effect it has on attendance on Thursdays. It would be very regrettable if only a small pool of Dublin Senators turned up from each of the parties on Thursday and nobody else showed because no vote was being taken. That would be very undesirable.

I think the point Senator Robinson made has been in the minds of those of us who have been discussing this matter. We have decided that there is a duty on the members of political parties that there should be a quorum. I would hope that the Independents would also make their contribution to this quorum. We have decided that the effect of this resolution here will be to make it easier to release Senators on a Thursday who have a good excuse. Both Senator Willie Ryan and I in discussion have emphasised — and in a sense worried about — the very point Senator Robinson has raised. What we propose to do is not to excuse all members of the group but to excuse some of them and endeavour to see that — without necessarily having a strict rota — we will not have the position that some Senators are never here on a Thursday and other Senators are left to bear the burden of the work of the House. We certainly have that in mind.

In regard to the question of the review I would be quite happy that the question of the operation of this system would be put on the agenda of the first meeting of the Committee on Procedure and Privileges in the New Year so that we could discuss how it is operating.

Question put and agreed to.
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