Vol. 59 No. 19
I have received from the Chief Justice, as Chairman of the Committee of Privileges set up under Article 35 of the Constitution to decide whether the Land Purchase (Guarantee Fund) Bill, 1935, is or is not a Money Bill, the Report conveying the decision of the Committee. The decision of the Committee is that the Bill is a Money Bill.
I ask the House to make an Order that the Report and Proceedings of the Committee of Privileges be laid on the Table of the House, and be printed.
Is that by way of a motion?
It is the usual motion.
I take it the motion can be discussed?
No, such motions as this are not discussed. The House may refuse permission to print.
I take it the motion can be discussed—the motion for permission to print?
This is a formal motion and formal motions have never been discussed. There is no precedent for discussion.
The occasion for the discussion of such a motion has never arisen before. It arises in this connection, in my respectful submission, as a result of certain surrounding circumstances, and I ask leave to discuss the motion for the printing of the report.
The question before the House is the Report of a decision. That decision stands—it is irrevocable. The only matter that may be discussed is whether that report should be printed.
What will it cost to print?
The Chair does not know.
I have no desire to discuss the Report whatever. I have a desire to question as to whether the report should be printed in order to direct public attention and the attention of Deputies to certain facts surrounding the report, but not contained in the Report itself.
The facts surrounding the Report may not be discussed.
I take it I can raise the general question whether the Report should be printed or not?
Yes, the question whether it should be printed or not.
My submission is that it is highly desirable that it should be printed in order that it should place on record a very scandalous proceeding that took place in this House. I refer to the language and attitude taken up by President de Valera on a recent occasion when a matter arising in connection with the Committee, to which this Report will have reference and of which this Report will be a permanent memorial, was before this House. The President, quite blandly, announced his intention of packing the Committee.
That matter is not in order. The discussion on the question of setting up this Committee came to a conclusion in this House. It may not now be reopened.
May I direct the attention of the House to the fact that what the President declared to be a prejudged issue——
That matter is not open for discussion.
What matter?
The discussion which took place when Dáil representatives were selected on that Committee may not be reopened.
Might I refer to the words of the Chief Justice, presiding over the Committee, in which he introduced his finding on the facts which were laid before the Committee? The Chief Justice, in introducing the Report which he made to you, Sir, said that having heard the arguments from both sides he was greatly shaken in his view that this was a Money Bill.
I do not know whether the Deputy desires to discuss the Chief Justice or not. The Chief Justice has given his decision and that decision may not be questioned.
And is it your ruling then, Sir, that in fact on the motion to print this Report nothing can be discussed?
Except the question whether it should be printed or not.
I am arguing that it should be printed, and should be printed as a memorial to a very shocking and scandalous transaction.
On the part of the Chief Justice?
No; but since I am not to refer to the President's words in this House I am going to refer to the words of the Chief Justice in order to direct public attention to the scandal which he was concerned to decry when he was introducing this Report. I have no desire, Sir, to evade your ruling, and if in substance you think that the matter should not be further discussed I am prepared to bow to your ruling, but I do respectfully submit that no other opportunity presents itself of directing the attention of the House to the matter I have in mind.
I think the Deputy would be well advised to think carefully before he ascribes motives or reasons to the Chief Justice in regard to anything the Chief Justice said in giving his decision.
That is as may be, Sir, but if you are of opinion that the matter is not in order I have no desire to evade your ruling. If you so rule, I shall abandon the matter, but I submit that no other opportunity will arise of contrasting what actually happened at the Committee with what the President prophesied would happen at the Committee. No other opportunity may be afforded to us of pointing out that our attitude to this Committee was amply vindicated, and the President's attitude amply condemned by what actually ensued at the Committee.
I do not see how it would be possible to discuss that without opening up the whole discussion. That would not be in order.
Lest it should appear that I was endeavouring by a side road to evade your ruling I will abandon the matter at this stage, and can only look forward to an opportunity arising when it can be made relevant.
Agreed that the Report be printed.
Ordered accordingly.
