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Seanad Éireann debate -
Wednesday, 3 May 1989

Vol. 122 No. 14

Order of Business.

Before I call the Leader of the House I want to clear a point on which there seems to be confusion. I wish to inform Senators that the Office of Public Works has reported that the Seanad Chamber will be ready for the sitting on next Wednesday, 10 May.

On a point of order, you will recall that last week you had occasion in your judgment to have me suspended from the House. I have been looking at the Standing Order since then. I am seeking a ruling — I am not raising the issue of last week——

You cannot raise it now, Senator O'Toole.

I am raising it as a point of order on the basis that I believe the procedure by which I was suspended last week was not in character with the Standing Orders of the House.

There are other channels, Senator——

Perhaps you would indicate those channels to me?

In my office when I leave this Chamber, or in the Committee on Procedure and Privileges, but certainly the Senator knew before he stood up here that it is not in order on the Order of Business today.

I consider it to be a biased judgment. I also believe the same is happening again today.

I would ask the Senator to resume his seat. The Leader of the House on the Order of Business.

It is intended to take Items Nos. 1, 2, 3 and 4 today. We will take all Stages of Items Nos. 1 and 2. It is proposed to take Item No. 4 from 6.30 p.m. to 8 p.m. Item No. 3 will be concluded today, irrespective of the time of the ending of the sitting; in other words, we may go on later than 8 p.m.

Are we taking Items Nos. 1, 2 and 3 as they stand?

I accept the Ordering of Business. It seems to me, and it was perhaps hinted at in the Cathaoirleach's own question, it would make more sense to take Item No. 3 first before moving on to more substative business. May I offer two suggestions on the ordering of business generally and I do so in an entirely non-contentious spirit?

Arising out of last week's unfortunate proceedings, it seems to me that two points might be kept in mind by the Leader of the House in future. One is that although he is perfectly within his rights in proposing the Order of Business without any further elaboration, nonetheless it might make for a less acrimonious atmosphere were he, whenever it happens that an item is widely expected to be discussed, to explain why it is not being discussed. I think that instead of a discussion having to take place subsequently we are entitled to the maximum information at the beginning.

The other point again arises from last week. It seems to me to be now perfectly obvious that it is very inappropriate that a Minister who is to take the next piece of business should not sit in the ministerial chair in the course of the discussion on the Order of Business.

I was going to suggest also that we would agree, if the Leader of the House agrees, that we would take Item No. 3 first. There is unanimous agreement among all of us, and indeed, in the Committee on Procedure and Privileges, that this would take place. The televising of the opening of the new Seanad Chamber can only take place if there is the agreement of the House. I know the Leader of the House has suggested that we would work late tonight to get that agreement but it would be more practical to take it now at the earlier stage of our proceedings and, hopefully, to agree on it. I welcome the fact that it has appeared on our Order Paper and it is being ordered. I welcome the fact that you used your influence to ensure that the House was given its proper status at the reopening and that we will be the first House of the Oireachtas to avail of the facility of television broadcasting.

I would like to support my colleagues in suggesting that the Leader of the House might consider altering the Order of Business so that we take Item No. 3 first. That suggestion has a lot of merit.

I am sure also, a Chathaoirligh, that you will consider it appropriate that this House should send its best wishes, Godspeed and a quick recovery to a Member of the other House, the Tánaiste, Brian Lenihan. He is universally popular across the party boundaries. We all wish him a safe journey, good and appropriate medical treatment and a quick return to health.

I would like to ask your guidance also, a Chathaoirligh, on a matter on which I do not wish to be contentious. You will recall that on your advice I referred a matter that was concerning me about what I considered to be misleading of the House to the Committee on Procedure and Privileges. I have heard nothing back about that except indirectly—

It is still in the hands of the committee.

Will I hear at some stage?

Yes, you will.

Is there any time scale or can you give me an indication?

I do not have to give you a time scale, but I will deal with it as I deal with everything — pretty fast.

I am grateful for your attention to this matter.

I wish to get your guidance in asking a question of the Leader of the House: when can I raise a matter in the House on the application of the Standing Orders of the House? I have now come to the conclusion that the bias which is used in the quick dispatch, as you said yourself, of decisions in this House is leading to difficulties. I certainly have serious difficulty. Rulings are being made in a biased fashion, and I wish to query it.

I do not need any guidance from anyone whether it be here, from the right or the left. Withdraw that statement immediately that any decision is made here in a biased fashion or on party lines. Stand up and withdraw it or you will be out again.

You made this point to me last week. Since I spoke to you last I made some investigations on it. It has now been brought to my attention, correctly or not——

You cannot raise that. We are dealing with today's Order of Business. Senator, resume your seat while I answer you. I will see you in my office in one hour's time and I will talk to you there if you are still confused as to why you went out last week. It is over. The Leader of the House to reply and conclude.

On the Order of Business — and this is about the fifth time I have raised this matter — I would like you to indicate to me when an issue that has been before the Committee on Procedure and Privileges — the extraordinary, peculiar way in which allocation of space is made for press conference in this House — will be dealt with. I am sick to death of having an officer of this House, who is not an elected Member of either House of the Oireachtas, deciding what is and is not appropriate for Members of the Houses of the Oireachtas. It is your job, a Chathaoirligh, to defend my rights and the rights of Members of this House to use the Houses of the Oireachtas according to some sort of agreed standard and procedure. I raised that matter here. Senator Norris has tried to raise it with the Committee on Procedure and Privileges. You said matters are dealt with quickly. I do not understand why this matter has not been decided on in six months. It is outrageous that an officer of this House should tell us what we should do in this House.

Hear, hear.

I have sympathy with the request that Item No. 3 be taken first on the Order of Business, but it is not possible. It is essential that Government business be taken first. The Electoral (Amendment) Bill, 1988 is a Bill that has to be dealt with in this House as a matter of urgency. The Bord na gCapall (Dissolution) Bill, 1988 is a Government matter which is of importance as well.

Item No. 3 created a certain amount of contention last week which was not of my making. Unfortunately, when I arrived in Dublin last Wednesday I was met with rumour, innuendo and various other problems associated with taking Item No. 3. I had to clear in my own mind that these rumours and the innuendo were incorrect. As I said last week, the matter would be left on the Order Paper and it was left on the Order Paper. It is unfortunate that people get involved in spreading rumours or reacting to rumours and I sincerely hope this House does not fall into that trap again. We will take Item No. 3 at the earliest possible time today, but it is essential that Government business takes precedence.

Some of the questions raised had nothing to do with the Order of Business. They are matters which were raised by Members and which were addressed to the Cathaoirleach and I do not intend to react to them.

I think we all agree that best wishes be sent to the Tánaiste and his family. As a former very distinguished Member of this House it is utterly appropriate that we should do so. Senator Murphy raised a point but somebody else was talking at the time——

I made the point that the Ministerial chair should not be occupied before it is time for it to be occupied.

That was a point made to the Chair. It does not refer to the Order of Business. The Order of Business will be Items Nos. 1, 2 and 3 and Item No. 4 which will be taken from 6.30 p.m. to 8 p.m. If necessary we will take Item No. 3 to its conclusion this evening, whether it be after 8 p.m. or not.

I welcome the fact that the Leader of the House obviously also noticed the Minister making an interjection——

You cannot welcome anything at this point. Senator, please resume your seat.

Order of Business agreed to.
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