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Seanad Éireann debate -
Tuesday, 5 Jul 1988

Vol. 120 No. 12

Order of Business.

It is intended to take Items Nos. 1, 2, 3 and 5 and to take Item No. 5 between 4 o'clock and 5 o'clock. Because of the interest that has been shown in Item No. 5, I suggest that we restrict speakers to ten minutes maximum.

I am very happy that we are taking Item No. 1. Last week I suggested that we might do something like this but the Leader of the House assured me categorically that there was no need to and that we could take all Stages of the Bankruptcy Bill. I am glad that he has made a further U-turn which will expedite this legislation through the House.

With regard to Item No. 2, at the request of our spokesman on agriculture I ask that only the Second Stage be taken today and that the remaining Stages be taken later in the week. Throughout the session, on the Order of Business the Leader of the House has told us that he has no objection to taking the motion on Northern Ireland before the end of the session. I would like to ask him if this is still his intention and if he can give an assurance on that matter.

Finally, I want to congratulate Senator Jimmy Mulroy on his election as Mayor of Drogheda last evening.

Senators

Hear, hear.

During the last three or four days I was twice assured, on information emanating from the Whip's office, that Second Stage and the remaining Stages of the Tobacco Bill would be taken on today's Order of Business but suddenly I find this is not so. This change of mind is bewildering and very inconvenient. Of course, it is not the first time it has happened. It does not inspire confidence in the competent ordering of business in this House by the Government side. If I may anticipate an objection by the Leader of the House to the effect that the appropriate Minister is not available, I would not find that very convincing since in the past frequently we have been fobbed off by Government representatives who were neither competent nor relevant to deal with the business and it appears that anything will do for the Seanad.

I should like to make a number of points on the Order of Business. The first point relates to what the Chathaoirleach said last week that two weeks holidays were long enough for anybody. Whether or not that is true, I believe there is unseemly haste on the part of the Government side of the House to shut down the business of legislation this week, or so I am led to believe even though I have not been so informed. The Independent Group are totally opposed to any attempt to stop the business of legislation when we have so much important work in front of us and a full Order of Business. I want to get an assurance from the Leader of the House that he has no intention of finishing business this week.

Second, the Government have not tabled any Private Members' motions this week. I want to make our position on this absolutely clear. There is an agreement between the Whips of the groups that Private Members' Business will be taken on a weekly basis and a set number of hours will be allotted for it. If Fianna Fáil do not have anything important enough to discuss this week during Private Members' Business that is fair enough, but I want it to be clearly established that thy will lose their right to table Private Members' Business in two weeks time. I want to be absolutely clear on this point. There is an agreement between the Whips and the Cathaoirleach has said regularly that these matters should be sorted out between the Whips of the various groups. This is a matter on which there is agreement and on which a change has taken place without consultation. With regard to the Companies (No. 2) Bill, for almost a year the Leader of the House has referred time and time again to the need to get through this legislation. I think the world outside is fast becoming removed from us.

Senator O'Toole, in fairness——

I have——

I am speaking on the Order of Business and I will not be shouted down by the Leader of the House. I believe it is unnecessary for him to interrupt at this stage. A Chathaoirligh, I understand why you would be embarrassed about the ordering of the business for the week because of the way he has tried to do it. He assured me in this House time and time again that the Companies (No. 2) Bill would be taken. I want to question the assurances given by the Leader of the House time and again that the Companies (No. 2) Bill would be dealt with and disposed of during this session. It now appears that it is not even ordered for this week and it certainly is not ordered for today. I am sick and tired of referring to this Bill and I am determined that the Fianna Fáil Senators will once more walk through the lobbies today to go down on the record as being opposed to the taking of the Companies (No. 2) Bill. It might have escaped their notice that insider trading——

On a point of order, who said the Companies (No. 2) Bill would not be taken before we adjourn? Nobody said it would not be taken.

Senator O'Toole, before you get up into steam again——

I am sorry, I missed that comment.

I said before you take off into steam——

I resent those kind of comments and I will not accept them any more in this House. I ask you to withdraw those comments a Chathaoirligh.

I certainly will not withdraw the comment.

It is inexcusable and it is unparliamentary language.

I am clearing today's business——

The Cathaoirleach was making comments about speakers in the House.

I am clearing today's business and, as Senator Willie Ryan has just said — he is one of the Whips and I understand you are the Whip for your group — there was no mention yet about the Companies (No. 2) Bill and obviously there is some confusion again. As regards——

Senator O'Toole knows that we will take part of the Companies (No. 2) Bill before we adjourn.

I did not know that.

He does not need to know.

A Chathaoirligh you have it, you do not need to know because "we have the majority and we do what we want." That is precisely the comment that underlines where we stand. In no circumstances——

That is typical. We have no right to information apparently, or we are given misleading information.

If we do not have order——

Some Senators feel that because the other House is not sitting we are all on holidays. I want to assure them that life goes on irrespective of whether the other House is actually formally sitting. I do not think the comment that we are here is relevant. All of us have busy lives, as public representatives, whether or not the House is sitting and the media should be aware of that fact as well.

Some more than others.

Those involved in the music business are in a different world. On the Order of Business, I understood the Minister for Health to say, on Second Stage, that he was available today to resume the Second Stage and take Committee Stage of the Tobacco (Health Promotion and Protection Bill), 1988. Perhaps the Leader of the House would advise us as to what has happened to the Minister for Health and his intentions to be here today. On the Companies (No. 2) Bill I also understood that we were to debate it further before adjourning for the summer recess and that we would be returning to complete that Bill before the Dáil reassembled. I am not aware of any changes in that arrangement of business. If there are perhaps I could be informed.

Just to calm the atmosphere somewhat it would be appropriate if the Leader of the House could indicate when it is proposed to resume the Committee Stage of the Companies (No. 2) Bill and how many sections it is proposed to take before the summer recess. In a calm atmosphere perhaps we can establish those facts and then decide what action we will take.

I share the concern expressed by my colleague, Senator Joe O'Toole, if it is true that no motion will be put down in the name of the Fianna Fáil group. The reason I express this concern is that repeatedly, the Leader of the House has referred people like myself who wanted to move certain important matters up on the Order Paper to the fact that we had Private Members' time in which to do it. It does seem to be extraordinarily cavalier if the Government side are maintaining that the membership are so devoid of ideas that they are politically bankrupt to the extent that they cannot afford one motion.

Senator Norris, you have made your point without embellishing it.

In that case I will move on to the second item just remarking, as I do so, that it is insulting to those of us on this side of the House who do try to put down substantial motions in Private Members' time to be treated in this manner. I would like to ask the Leader of the House for an indication as to whether it is the intention of the Government to introduce, through this House, an equality of treatment Bill. Like all other Members of this House I have been greatly concerned by reports that appeared in the newspapers yesterday——

I do not think that arises on the Order of Business, at all, Senator Norris.

It may be possible to get an indication. The reason I ask this is that, not only are we apparently falling behind in business for this House, but we are actually in violation of our responsibilities towards the European Community by not passing——

That has nothing to do with the Order of Business today. Sit down.

Perhaps the Leader of the House will give us an indication anyway.

Having listened to the confusion on the Order of Business it would be helpful if the Leader of the House would indicate not just when the Committee and remaining Stages of the Companies (No. 2) Bill will be taken but also what the programme is for the remainder of this week, in what order the legislation will be taken.

And that he does not change his mind subsequently.

First of all, may I clear the air somewhat? There is no confusion about the Order of Business. The Order of Business for today is: Items Nos. 1, 2, 3 and 5. We will take Item No. 5 between 4 p.m. and 5 p.m. There is absolutely no confusion there.

Red herrings, being introduced for whatever purpose, will not be replied to. I will reply to the points made. I am giving no assurance to anyone as to what business will be taken, or when it will be taken, except that, between now and the end of the session, we will take Items Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10. I cannot say when we will take these items. All I can say is that we will sit until 11 o'clock this evening and that we will get as much business done as is possible between now and 11 p.m. We have wasted quite enough time on the Order of Business.

In relation to the question raised about Item No. 2, I should say that we will not take all Stages of Item No. 2; we will take Second Stage today and will take Committee and Report Stages on a date to be set but it will be before the end of this session.

Questions have been raised about the Tobacco (Health Promotion and Protection) Bill, 1988. That Bill will be taken this week; I will give that guarantee. Questions have been asked also about Private Members' time. There is no cavalier attitude being taken by me or by anybody else. I regret to have to say that there was an inference in the remarks of both Senators Norris and Joe O'Toole that we do not put down substantive motions. The business of this House is to get legislation through. We will decide what is put on the Order of Business regarding motions in our name and when they are taken. Nobody can say, other than ourselves, when these items will be taken.

Far better that they be dealt with than nothing at all.

Two Senators raised questions about the Tobacco Bill. We will be taking that Bill. More than likely it will be taken tomorrow but we shall see what business we get through today. Senator Joe O'Toole was shouting a lot about holidays. I did not give any indication as to when we were going on holidays or whether we would have holidays. All I am saying is that we will conclude today's business at 11 o'clock tonight. I do not think there was any other question deserving an answer. I should like to join Senator Manning in congratulating Mayor Mulroy.

My question was not answered.

Is the Order of Business agreed?

No, my question was not responded to. I asked if Fianna Fáil intended to take up their Private Members' time or were they——

Especially No. 11.

Since I am not being answered I propose that we take the Tobacco Bill today.

I propose that we take Item No. 11 today.

Question put: "That Items Nos. 7 and 11 be taken after Item No. 5."
The Seanad divided: Tá, 14; Níl, 20.

  • Bulbulia, Katharine.
  • Connor, John.
  • Doyle, Joe.
  • Fennell, Nuala.
  • Ferris, Michael.
  • Harte, John.
  • Hogan, Philip.
  • Kelleher, Peter.
  • Manning, Maurice.
  • Murphy, John A.
  • Norris, David.
  • O'Shea, Brian.
  • O'Toole, Joe.
  • Robinson, Mary T.W.

Níl

  • Bohan, Edward Joseph.
  • Cassidy, Donie.
  • Cullimore, Séamus.
  • Doherty, Michael.
  • Eogan, George.
  • Fitzsimons, Jack.
  • Hanafin, Des.
  • Haughey, Seán F.
  • Hillery, Brian.
  • Hussey, Thomas.
  • Lanigan, Mick.
  • Lydon, Donal.
  • McGowan, Patrick.
  • Mooney, Paschal.
  • Mullooly, Brian.
  • Mulroy, Jimmy.
  • O'Callaghan, Vivian.
  • O'Toole, Martin J.
  • Ryan, William.
  • Wallace, Mary.
Tellers: Tá, Senators Murphy and J. O'Toole; Níl, Senators W. Ryan and S. Haughey.
Question declared lost.
Order of Business agreed to.
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