It is proposed to take No. 5.
Order of Business.
The Ceann Comhairle advised me that I could raise at 4 p.m. the matter of my parliamentary question which I had down to the Taoiseach in regard to the Claudia.
I did not. I said the Deputy could raise the point if it was relevant. I must say, first of all, that Deputy O'Malley will appreciate that it is most disorderly to challenge the ruling of the Chair in respect of questions disallowed. I think it is fair to say that my office has facilitated the Deputy in every way in respect of the questions he seeks to put down on the Order Paper. He will appreciate that the matter to which he wishes to advert is still sub judice.
Why?
In fact the courts were sitting today dealing with aspects of this case and until such time as the due process of the law has been carried out I cannot permit any reference to this matter to be mentioned in this House.
The case is over, Sir.
I have no knowledge of that.
The Chair should not use its position to try to shield the Government against questions which a Member of this House is entitled, in the public interest to ask.
I cannot allow any reference to the matter until such time as the matter has been dealt with in the courts.
The Chair is using its position to shield the Government.
That is a most unfair statement. The Chair will do its duty in this House. The matter is still sub judice.
The case is over, sir, and you can no longer use the argument that that matter is sub judice.
I am only too anxious and willing to facilitate the Deputy at the first possible opportunity but until the due process of the law is carried out I cannot and will not allow a matter which is sub judice to be referred to in this House.
The matter is not sub judice. The case is over. Does the Chair disagree with me? Does the Chair say the case is not over?
I have no knowledge of that matter and so far as I am concerned aspects of this case were being discussed in the courts in this city today.
The case has ended. I wish to inform the Chair that the case has ended.
It is disorderly of the Deputy to challenge me in this matter. If he wants further information he may discuss it in my office.
The Chair is under a misapperhension. I am informing the Chair that the case is over.
(Interruptions.)
Not in so far as I am concerned.
The party is over.
I must be informed officially; and I must satisfy myself that the Deputy's questions are relevant for tomorrow or any other day's sitting of this House.
Sir, the last day we raised the point, Deputy Colley got notice that his questions were out of order. I got no notice whatever today.
I cannot allow a discussion on this matter. Deputy O'Malley must resume his seat. The Deputy has been guilty of gross disorder and if he does not resume his seat I shall have to name him.
I think the actions of the Chair in this matter are a disgrace to this House and to democracy.
Deputy O'Malley has been guilty of gross disorder. I ask him now to resume his seat or to leave the House.
I do not wish to quarrel with the Chair——
Will the Deputy please leave the House? The Deputy will resume his seat.
The Chair's ruling in this matter is disgraceful. The Chair bringing this House into——
The Chair is upholding the dignity and the decorum of this Chamber and I would ask the Deputy to co-operate with me in the matter.
On a point of order, may I ask on what basis does the Chair decide when a case is——
The Chair does not argue with Deputies——
I am not arguing. I am asking for information, Sir, as to the basis on which the Chair makes a decision that a case ceases to be sub judice.
I cannot go into the matter at this stage. Deputy O'Malley has had the fullest information from my office and we have been in close contact with him and we want to facilitate him in every way.
I am not asking about a specific case. I am asking about Order and Rule in this House and precedent. I think the House is entitled to know the basis on which the Chair arrives at a decision.
(Interruptions.)
It is not in order to discuss the ruling of the Chair at all.
I am not proposing to discuss the ruling; I am asking the basis so that we will know. We do not want to be committing a breach of the Rules of the House.
I would refer the Deputy to Standing Orders.
What Standing Order and what part of what Standing Order? I cannot find anything about sub judice in the Standing Orders.
Item No. 5.
(Interruptions.)
I think a Member of this House is entitled to an answer to a question——
I have tried to assist the Deputy in every way and I am amazed at his conduct in the House today.
Nobody else is.
I have not got one word of explanation.
The Deputy's questions may well appear on the Order Paper tomorrow if they are appropriate.
We have asked that question for years.
Deputy O'Connell is very law abiding now.
Item No. 5.
When is it proposed to take the Disabled Persons Bill put down by Deputy O'Connell?
That is a matter for Deputy O'Connell.
As the Deputy is aware the Chair has called the next Business and I do not propose to disobey the Chair's Ruling.