Before coming to the Order of Business I propose to deal with a Notice of Motion under Standing Order 30 from Deputy Ivan Yates. I now call on Deputy Yates to state the matter of which he has given notice to me.
Request to move Adjournment of Dáil under Standing Order 30.
I wish to seek the Adjournment of the Dáil under Standing Order 30 to discuss the urgent and important matter of the new revelation of a High Court claim against the B & I Line for $30 million by Ro-Ro Ferries Ltd., Nolan Transport Ltd. and Morefield Ltd., the imminent injunction being sought by these parties against the Government in completing the sale of the B & I Line and the urgent need for the Minister for Transport to clarify to the Dáil the exact liabilities to the Exchequer in the context of the proposed sale of the B & I Line.
It has been taken fully into account.
Since I handed this in I have received a copy of an injunction tabled for Monday 16 December——
It has been taken fully into account.
Why did you not inform the Dáil?
Why was it concealed?
Several attempts were made to get the Minister to reveal it and he did not even mention to the House the claim for £17 million.
The Minister may not intervene at this stage.
Could I just add one additional very brief point which is——
Order. The Minister may not intervene at this stage and the Deputy must confine his remarks to what he submitted to me here.
Let me just add one very brief point which is——
Deputy Yates, please obey the Chair.
In your absence last night a vote was taken to take Committee Stage of this Bill next Tuesday. The motion to the High Court is for Monday, 16 December. It will materially change before the Dáil can debate it.
Having considered the matter very fully I do not consider it to be one contemplated by Standing Order No. 30 and therefore I cannot grant leave to move the motion.
We are a total joke in the eyes of the public.
On a point of order, may I submit to you that this matter does come specifically within the terms of Standing Order 30 in so far as it is specific, it is urgent and the situation will have materially changed if today's order is approved in regard to the taking of this Bill——
I have heard your point of order, Deputy.
——so on all points this complies with Standing Order 30. Sir, could I ask you to reconsider your decision?
No speeches, please, at this stage. I will elaborate slightly. I am not obliged to give an explanation of my rulings but I will as a matter of courtesy to the House, as is my wont.
(Interruptions.)
You will be on "Scrap Saturday" if you do not.
This must not lead to a debate. If the ruling of the Chair is to be challenged it must be challenged in an orderly way, by way of substantative motion.
They will challenge you on "Scrap Saturday".
The matter has not arisen suddenly. It is not likely to develop significantly before the Dáil will in practice have an opportunity of discussing it and it is also sub judice, which I grant. The matter can be referred to in the ongoing debate on the B & I Line Bill which is before the House and Committee Stage of which has been ordered for next Tuesday. The sub judice rule does not apply to a Bill which impinges on a matter before the Courts. I am taking my stand on rulings of my predecessors in this regard — a motion concerning a matter which is before the courts may not be discussed until the matter is disposed of in the courts but this does not apply to a Bill which impinges on the matter. In other words, legislation passing through this House is not bound by the sub judice rule.
Really? Who made that one for you?
We will proceed to the Order of Business. If my ruling has been challenged there is a way out.
I want to know what provision has been made to meet this demand on the Exchequer if this case is lost. This matter is of the utmost gravity. You may not be aware of the High Court motion and I would ask you to accept a Special Notice Question.
Deputy Yates, resume your seat and allow the business of the House to continue.
I would ask you to accept a Special Notice Question which I will table on this matter.
I shall give no such assurance. I call the Taoiseach on the Order of Business.
Would the Chair not agree than this is an inherently one sided interpretation of the sub judice rule?
On a point or order——
The Taoiseach.
There has been a new development which will take place before Committee Stage is taken next Tuesday.