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Seanad Éireann debate -
Wednesday, 16 Nov 1988

Vol. 121 No. 6

Request Under Standing Order 29.

I have been given notice by Senator Michael Ferris regarding a Motion which he wishes to move under Standing Order 29. I now call on Senator Ferris to give notice of the motion before I give my ruling.

I want to thank you and the Cathaoirleach for the facility to formally propose that the House would suspend business under Standing Order to allow the Tánaiste to address the House on the action we would require him, as elected representative, to take in the case of Father Patrick Ryan who is at present in jail in Brussels on a charge which has now been dropped by the Belgium authorities and also as a result of an extradition warrant which has been served on the Belgium Government by the British Government on charges that, to our knowledge, cannot be substantiated. Because this decision in Brussels will be made at a political level I wanted the Tánaiste to be able to use his offices at that level because a final decision will be made in this case by the Minister for Justice, unlike the Irish extradition procedures which is made in a court situation. This particular application will be made by the——

Acting Chairman

You are making a speech——

I put this down under Standing Order 29 because every day this priest remains on hunger strike brings his death closer and I am afraid that the ordinary facility of a Motion on the Adjournment——

Acting Chairman

If I might explain something — if you let me make the ruling we might consider whether or not you may be entitled to speak further. Let me make the ruling on it, please. I have given careful consideration to the matter raised by Senator Ferris and I do not consider it to be a matter contemplated by Standing Order 29. I regret, therefore, that I have to rule it out of order. That is the ruling and the Senator, cannot debate the matter further. If he wishes to do so he should put down the matter for the Adjournment or do it in some other way.

I must say that I had the information from the Chair that my resolution to suspend the business of the House might be agreed to. The ordinary notice of motion procedure was not available to me because I was unaware until his brother returned from Brussels that this man was still on hunger strike. I want to put my appreciation of the Tánaiste on the record of the House——

Acting Chairman

I have been very fair——

I know you have. The Tánaiste has been very involved with this case. He has intervened to allow the relatives of the man to visit him. There is still a political action that he could take.

Acting Chairman

Do not ask me to say that you are disorderly.

This is the view held by all local authority members and all public representatives in South Tipperary and North Tipperary. I am just following through to the final the facility available to me as a Member of the Oireachtas, to ask the Tánaiste to come in here and say what, if anything, he can do. I do not think that is unreasonable.

Acting Chairman

I will have to rule you out of order.

There is a man's life at stake.

Acting Chairman

I appreciate that.

Why does he not stop the hunger strike then?

I do not want this man to lose his life.

Acting Chairman

I appreciate that. You have pointed that out very strongly.

If Senator Murphy was at risk of being extradited to Britain and was an Irishman he would be on hunger strike, too.

Rubbish.

Acting Chairman

Let this finish.

What is rubbish about it? Is there not proof of it already? I do not want any acrimony on this. I had put in a reasonable request but I have had interjections which are not reasonable.

Because the Senator is out of order. We are on something completely different.

I would like to ask for your protection, Chairman. I am not out of order in requesting the House to consider this procedure. I am responding to your decision. I think that that is not unreasonable. I have now been told by other Senators that I am out of order, which I resent.

Acting Chairman

I must ask the Senator to please resume his seat.

Could I ask for some clarification? Was my request out of order? I have been told by Senator Ross that it was. I am asking the Chairman if it was out of order.

Acting Chairman

I have ruled that it is not relevant to Standing Order 29.

Was I out of order to ask?

Acting Chairman

I have ruled that it is not relevant to Standing Order 29. If the Senator wishes to check on that he may but I have ruled on it.

Why is Standing Order 29——

Acting Chairman

I have ruled under Standing Order 29.

But why?

Acting Chairman

Please do not persist, because I will have to ask the Senator to leave the House.

I accept the Chair's ruling, but I understand Standing Order 29——

Acting Chairman

Then why are you asking the question?

I cannot understand why you have applied that interpretation to Standing Order 29.

Acting Chairman

You are not accepting the ruling. You are still asking the question. That is not reasonable. You got fair mileage.

As a member of the standing orders Committee I will have to look at Standing Order 29.

Acting Chairman

The point you are making is very relevant——

I am looking for a man's life to be saved.

Acting Chairman

Indeed you are, but I would not use a man's life like that.

What can one do?

Acting Chairman

That is not the right way to use this House.

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