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Select Committee on Legislation and Security debate -
Wednesday, 12 Jan 1994

Business of Select Committee.

May I ask the Chair's guidance on an important matter, especially in view of the fact that the Dáil does not return until 26 January 1994? As this is the Select Committee on Legislation and Security, and as decisions that affect the security of the State were made yesterday by the Cabinet, could the committee devote some time today to discussing the removal of section 31 and the fact that this will result in the IRA and Sinn Féin having free access to the airways at a time when they are still killing people in Northern Ireland? I suggest that the Select Committee should consider this issue seriously. I am especially concerned——

On a point of order, the Deputy's remarks are out of order. The Deputy obtained the attention of the Dáil for his Bill and now he wishes to be a parliamentary glutton. I suggest, with respect, that the Deputy withdraws his proposal.

I take Deputy Shatter's point. However, his suggestion does not come within the terms of reference of the Select Committee.

It is my belief that this committee should seek to have its terms of reference changed so that issues such as this, which relate to security, can come within its terms of reference. Until such time as the terms of reference of this committee are so changed, the security aspect of the brief of this committee is little short of farcical.

The Government allows Private Members to introduce Bills and Deputy Shatter is taking advantage of that concession in an attempt to embarrass the Government. Opposition Members have complained for years that they were never allowed to introduce legislation. The Deputy should be happy that the Government has given him the opportunity to introduce this Bill. It is almost unique and I hope more legislation will be introduced in this way.

(Interruptions.)

I do not doff my hat to the Government for doing my job, a job I am elected to undertake. My concern is that unelected people who are bombing and killing people on this island are going to gain access to our national airwaves. It is an unprecedented decision in 23 years and we have no opportunity to discuss it here.

(Interruptions.)

I do not wish to allow any further discussion on this. Deputy Shatter has made his point. It is not within the terms of reference of the committee and I wish to proceed.

I wish to respond to the accusation levelled by Deputy Eoin Ryan about Private Members' Bills and the Opposition taking advantage of the Government. When the Government accepted Deputy Shatter's Private Member's Bill and allowed it to proceed to Committee Stage, we were not to know of the Government's announcement yesterday in relation to section 31.

It is coincidental that the point made by Deputy Shatter is relevant to this committee today and has nothing to do with the fact that the committee is considering a Private Member's Bill. This committee is sitting and the issue is relevant to the committee.

We are repeatedly ruled out of order in the Dáil on issues such as this. We are advised that such issues should be referred to the relevant body. Surely this is the relevant body? I do not understand why the Government Members present are getting ants in their pants over something which should be discussed by this committee. It should be considered.

I ask the Members for co-operation. I have ruled that this does not come within the terms of reference of the committee and I wish to resume on the Bill.

I wish to co-operate with the Chair fully and I ask all Members to do so likewise. Members attending this meeting are fully aware of the concerns of all Members about restrictions on this committee at present, but also recognise and realise that this committee is in its infancy. The convenors and chairmen have had discussions with the party Whips to endeavour to give greater freedom to all Members to participate in debates. However, under the terms of reference as the chairman has outlined, Members do not have that freedom unless it is by order of the Dáil. After the teething problems have been dealt with it is hoped there will be a wider agenda and that Members will be able to address all relevant issues.

I welcome the comments by the Deputy. This is a serious issue and I am not trying to misuse the function of this committee. I welcome the fact that the Government Whip on the committee is acknowledging that this committee does have problems. The fact that we cannot discuss this issue today puts the spotlight on a major inadequacy in the terms of reference of the committee. Rather than Members on the Government side attacking me, I would have expected that they would have been anxious to address this issue and to, perhaps, explain the reason section 31 is being dropped while people are still being bombed and murdered.

The rest of the country can talk about this issue today but, apparently, the Houses of the Oireachtas have no opportunity to do so, except, perhaps, through this committee, if the matter could be considered.

Landlord and Tenant (Amendment) Bill, 1993: Committee Stage (Resumed).

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